RESOLUTION

ADOPTED BY WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF THE WIEUCA
AT ROSWELL CONDOMINIUM ASSOCIATION, INC.

        This Resolution by the Board of Directors of the Wieuca at Roswell Condominium Association, Inc. ("Association") is made on this   27th  day of   February   2003.

W I T N E S E T H:

        WHEREAS, Paragraph 15 of the Amended and Restated Declaration of Condominium for Wieuca at Roswell Condominium ("Declaration") prohibits the leasing of Units as a regular practice for business, speculative investment, investment income, or other such purposes; and

        WHEREAS, Paragraph 15 of the Declaration empowers the Board to permit Owners who do not lease their Units for speculative purposes to lease a Unit in order to avoid a hardship; and

        WHEREAS, the Board can make the determination of a hardship based on the circumstances, including, but not limited to, the market condition for sale; and

        WHEREAS, as a result of changes in the market conditions of sale, Owners have been unable to sell their Units except at a price below the appraised value; and

        WHEREAS, the Board has determined that such circumstances create a hardship for the Unit Owners; and

        WHEREAS, the Board has determined it is in the best interest of the Association and its members to establish minimum standards an Owner must meet to qualify for a hardship exception to the leasing restriction;

        NOW, THEREFORE, the Board of Directors of the Wieuca at Roswell Condominium Association, Inc. hereby adopts the following:

        Any Owner requesting permission to lease a Unit to avoid an undue hardship due to a change in the market conditions must show the following:

  1. The Unit must be listed for sale for a minimum of six (6) months. Proof of a listing shall be a copy of a listing agreement with a realtor or, if sale is by Owner, copies of newspaper advertisements that are run a minimum of once per month for the six month period.
     
  2. A certified copy of an appraisal perfomed within six (6) months of the request.
     
  3. Cop(ies) of all offers of purchase or a sworn statement that no offers of purchase were received during the time the Unit was on the market.
     

        If, based on this information, the Board is able to determine the Owner has been unable to sell the Unit at a price at or above the appraised value, the Board shall grant the Unit Owner the authority to rent the Unit subject to the following:

  1. The lease must be for a term of one (1) year. The lease must be in writing. There shall be no sub-letting.
     
  2. All tenants must comply with the provisions of the Declaration, the By-Laws, and Rules & Regulations of the Association set forth in Paragraph 15 of the Declaration.
     
  3. At the end of the one-year term, the Owner must reapply for a hardship exception in order to continue leasing the Unit. In order to qualify for a continuing hardship, the Owner must show that he/she placed the Unit on the market during the last three (3) months of the one-year lease term and that as of the termination of the lease, all offers to purchase have been for less than the appraised value of the Unit.
     
  4. In addition, the Owner must submit a new appraisal of the Unit's value which must have been completed within one (1) month of the request.
     

[SIGNATURES ON FOLLOWING PAGE]
 

        IN WITNESS WHEREOF, the undersigned hereby certifies that the officers of Wiecua at Roswell Condominium Association, Inc. duly adopted the Resolution on the aforementioned date.

 

WIEUCA AT ROSWELL CONDOMINIUM
ASSOCIATION, INC.

By:

  N. Laura Ford  
President

  Kay Fingarson  
Vice President / Secretary

  Brandt Ross  
Treasurer

  P. Walter Ashmore  
Maintenance Chairman

  Pam Essler  
Grounds Chairman

 

[CORPORATE SEAL]