AMENDMENT TO THE
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR HENDERSON VILLAGE

WHEREAS, the Declaration of Covenants, Conditions, and Restrictions for Henderson Village was recorded on July 26, 1984, in Deed Book 9092, Page 214, et seq., Fulton County, Georgia records ("Declaration"), as amended; and

WHEREAS, Article XII of the Declaration provides for amendment to the Declaration with the approval by members of the Henderson Village Property Owners Association, Inc. ("Association"), holding at least sixty-six and two-thirds percent (66-2/3%) of the total eligible votes of the Association; and

WHEREAS, members holding at least sixty-six and two-thirds percent (66-2/3%) of the total eligible votes of the Association desire to amend the Declaration and have approved this amendment;

NOW, THEREFORE, Article VI of the Declaration is hereby amended by adding the following Sections 6.11.7 thereto:

6.11.7 Leasing. To preserve the character of the Property as predominantly owner occupied, leasing of Residential Lots is prohibited, except as provided herein.

This Amendment is intended to create a 10% leasing limitation on the Residential Lots within the Henderson Court, Henderson Hollow, Millstone and Millstone Cove neighborhoods (hereinafter the “Unincorporated Lots”). The 10% leasing limitation created by this Amendment are not applicable to Somerset at Henderson Village, The Arbors, or Henderson Place Condominiums.

(A) Definitions.

(i) “Effective Date” means the date this Amendment is recorded in the Fulton County, Georgia land records.

(ii) “Grandfathered Lot” means the Lot owned by a Grandfathered Owner on the Effective Date hereof.

(iii) “Grandfathered Owner” means a record Owner of an Unincorporated Lot who owns such Lot on the Effective Date. Grandfathered Owners may continue to lease their Grandfathered Lots as provided below, even if more than 10% of Unincorporated Lots within that particular neighborhood are leased. Grandfathering shall automatically expire and any lease of the Lot shall automatically terminate on the earlier of: (1) the date the Grandfathered Owner conveys title to the Grandfathered Lot to any Person (other than the Owner's spouse); or (2) the date the Grandfathered Owner is shown on the Association’s books and records to be more than 30 days past due in any assessment or charge. To qualify as a Grandfathered Owner, the Owner must, within 30 days of the Effective Date, provide the Board with a copy of the lease in effect on the Effective Date.  Editorial comment: since only an owner currently leasing is eligible for the Grandfather provision, the Grandfathered provision is meaningless and bogus!

(iv) “Leasing” means the regular, exclusive occupancy of a Residential Lot by any person(s) other than: (1) the Lot Owner or a parent, child or spouse of an Owner; (2) a trustee or beneficiary of an Owner that is a trust; or (3) a roommate of any of the above who also occupies the Lot as his or her primary residence.

(B) Authorized Leasing. Leasing of Unincorporated Lots is allowed only by: (1) a Grandfathered Owner; (2) a non-Grandfathered Owner who has received a Leasing Permit: (3) a non-Grandfathered Owner who has received a Hardship Permit; or (4) the Association.

(C) Leasing Permits. The Board of Directors may approve an Owner's request for a Leasing Permit if: (1) the Owner has owned and occupied such Lot for at least 180 days; and-(2} the total combined number of Leasing Permits and Grandfathered Lots in the neighborhood in which the Owner's Unincorporated Lot is located is less than 10% of the number of Lots in the neighborhood. However, the Board may deny a Leasing Permit to any Owner if the Lot is shown on the Association's books and records to be more than 30 days past due in any assessment or charge or if the Owner is in violation of the Declaration, By-Laws, or any Association rules and regulations.

Owners who have been denied a Leasing Permit because the 10% limit is satisfied shall be placed on a waiting list to be issued such a permit, if they so desire, when the above conditions have been satisfied. The issuance of a Hardship Leasing Permit to an Owner shall not cause the Owner to be removed from the waiting list for a Leasing Permit.

(D) Hardships Permits. If an Owner is denied a Leasing Permit and the inability to lease will result in an undue hardship to the Owner, then the Owner, after making reasonable efforts for at least six months to sell the Lot at a fair-market-value price, may seek to lease on a hardship basis, for a term not to exceed one year or as otherwise approved by the Board, by applying to the Board of Directors for a Hardship Permit.

The Board may approve or deny an Owner's request for a Hardship Permit in its discretion after considering the following factors: (1) the nature, degree, and likely duration of the hardship; (2) the harm, if any, which will result to the Property if such permit is issued; (3) the number of outstanding Hardship Permits; (4) the Owner's ability to cure the hardship; and (5) whether previous Hardship Permits have been issued to such Owner; provided, however, the Board may deny Hardship Permit to any Owner if the Lot is shown on the Association's books and records to be more than 30 days past due in any Association rules and regulations.  Unless otherwise determined by the Board, a Hardship Permit authorizes an Owner to lease the Lot once for a term not to exceed one year. Hardship Permits are valid only as to a specific Owner and Lot and shall not be transferable between either Lots or Owners (including a Subsequent Owner of a Lot where such permit was issued to the Owner's predecessor-in-title). The Board may deny a-Hardship Permit to an Owner who has not owned and occupied the Lot for at least 180 days.

(E) Expiration and Revocation of Permits. Leasing Permits and Hardship Permits are automatically revoked upon the sale or transfer of the Lot to a third party (excluding sales or transfers to an Owner's spouse). The Board also may revoke any Hardship Permit if the Owner is shown on the Association's books and records to be more than 30 days past due in any assessment or charge.

(F) General Leasing Provisions. At least seven days before entering into a lease of any Lot, the Owner shall provide the Board of Directors with notice of the Owner's intention to lease his or her Lot. The notice shall include: (1) a copy of the proposed lease; (2) the names, phone numbers, email addresses work locations and work phone numbers of all of the proposed occupants of the Lot; (3) the Owner's primary Lot address and phone number, email address, work location and work phone number; and (4) such other information required by the Board. Within 10 days after executing a lease for an Unincorporated Lot, the Owner shall provide the Board with a copy of the executed lease. Owners of leased Lots also shall provide the Board a copy of the executed lease for such Lot within 10 days of written request by the Board.

The provisions of the lease Terms Exhibit attached hereto and incorporated herein by reference are incorporated into each lease of any Unincorporated Lot executed modified, renewed or extended after the Effective Date of this Amendment, whether or not expressly stated therein, and into the terms of any tenancy or occupancy of a Lot even if no written lease or agreement exists between the Owner and the occupant. If an Owner fails to provide-the Association a copy of the lease and notice of leasing as provided herein, or an Owner otherwise leases a Lot in violation of this Section, the Association may fine the Owner an initial fine of $500.00, plus additional daily fines for continued violation of these provisions.

(G) Compliance with Association Regulations. The Owner and each occupant of any leased Lot at Henderson Village shall comply with all provisions of the Declaration, By-Laws and Association rules and regulations. The Owner and occupants are responsible for violations by any guests of the Lot and may be sanctioned for any such violation. The Owner is responsible for violations by any occupants or guests, and the Owner may be sanctioned hereunder even if the Association also takes enforcement action against the occupant.

(H) Lease Administration Fee. In addition to annual assessments, special assessments, and other charges provided for under this Declaration or the By-Laws, an Owner who leases any Unincorporated Lot shall be required to pay to the Association a Leasing Administration Fee in the amount of $100.00 within 30 days of the date-any lease is executed or an occupancy relationship is created with a new tenant or lessee hereunder.

IN WITNESS WHEREOF, the undersigned officers of Henderson Village Property Owners Association, Inc. hereby certify that this Amendment to the Declaration was duly adopted by the requisite majority of the Association membership with any required notices properly given.