WESTBURY

            This Fourth Amendment to the Declaration of Protective Covenants, Conditions, Restrictions and Easements for Westbury is made this _____ day of ______________, 2007, by the affirmative vote of the members of the Westbury Community Association, Inc. (hereinafter referred to as the “Association”) holding two-thirds (2/3) of the Total Association Vote in accordance with the terms of the Declaration of Protective Covenants, Conditions, Restrictions and Easements for Westbury, as recorded in the Office of the Clerk of Superior Court, Fulton County, Georgia, in Deed Book 22905, Page 245, et seq., as amended.

                                                            W I T N E S S E T H:

            WHEREAS, Westbury was created pursuant to that certain Declaration of Protective Covenants, Conditions, Restrictions and Easements for Westbury (hereinafter referred to as the “Declaration”) recorded August 1, 1997, in the Office of the Clerk of Superior Court of Fulton County, Georgia, in Deed Book 22905, Page 245, et seq.;

            WHEREAS, such Declaration was amended by that certain Supplementary Declaration of Protective Covenants, Conditions, Restrictions and Easements for Westbury, dated May 1, 1998, recorded on July 1, 1999, in the Office of the Clerk of Superior Court, Fulton County, Georgia, in Deed Book 27106, Page 168, et seq.; that certain Amendment to the Declaration of Protective Covenants, Conditions, Restrictions and Easements for Westbury and to the Bylaws of Westbury Community Association, Inc, dated September 14, 2001, recorded on October 25, 2001, in the Office of the Clerk of Superior Court, Fulton County, Georgia, in Deed Book 31234, Page 232, et seq.; that certain Second Amendment to the Declaration of Protective Covenants, Conditions, Restrictions and Easements for Westbury, dated November 21, 2002, recorded on January 27, 2004, in the Office of the Clerk of Superior Court, Fulton County, Georgia, in Deed Book 36946, Page 549, et seq.; and that certain Third Amendment to the Declaration of Protective Covenants, Conditions, Restrictions and Easements for Westbury, dated December 4, 2005, recorded on December 20, 2005, in the Office of the Clerk of Superior Court, Fulton County, Georgia, in Deed Book 41577, Page 555, et seq.;

            WHEREAS, plats for Westbury are shown on those certain plats of surveys entitled and recorded as follows: “Westbury Subdivision Phase I” dated July 10, 1997, recorded on August 6, 1998, in the Office of the Clerk of Superior Court of Fulton County, Georgia, in Plat Book 202, Page 6; “Westbury Subdivision Phase II” dated February 18, 1998, recorded on March 30, 1998, in the Office of the Clerk of Superior Court of Fulton County, Georgia, in Plat Book 200, Page 23; and “Westbury Subdivision Phase III” dated September 8, 1998, recorded on October 22, 1998, in the Office of the Clerk of Superior Court of Fulton County, Georgia, in Plat Book 203, Pages 59-60;

                WHEREAS, pursuant to Section 12.6 of the Declaration, said Declaration may be amended at any time and from time to time by the affirmative vote or written consent of members of the Association having at least two-thirds (2/3) of the Total Association Vote; provided, however, that during the time the Declarant has the right to control the Association, any such amendment shall require the agreement of the Declarant and two-thirds (2/3) of the Total Association Vote, exclusive of any vote or votes appertaining to any Lots then owned by the Declarant;

            WHEREAS, Declarant’s right to control the Association has expired in accordance with Section 12.5 of the Declaration;

            WHEREAS, the following Amendment has been approved by the affirmative vote of the members of the Association holding two-thirds (2/3) of the Total Association Vote as evidenced by the certification of approval attached hereto as Exhibit “A” (“Certification of Approval”) and by this reference made a part hereof; and

            WHEREAS, the following Amendment is agreed to by the foregoing votes subject to the condition that if any purpose as hereby intended is not accomplished or accepted by a court of competent jurisdiction, then the relevant and controlling provision or provisions of the Declaration or By-Laws, as the case may be, as existed prior to the adoption of this Amendment shall control;

            NOW, THEREFORE, the Declaration of Protective Covenants, Conditions, Restrictions and Easements for Westbury, as previously amended, is hereby further amended as follows:

            I.          Article 3, Section 3.3 of the Declaration entitled “Notice of Sale, Lease or Acquisition,” is amended by deleting said Section in its entirety and substituting therefor the following:

            3.3       “Notice of Sale , Transfer or Acquisition.  Prior to the sale and/or transfer of a Lot , the Owner shall provide the Association with written notice of the name of the purchaser and/or transferee and such other information as the Board may reasonably require.  Upon acquisition of a Lot , each new Owner shall provide the Association with written notice of the name and mailing address of the Owner and such other information as the Board may reasonably require.”

            II.         Article 7, Section 7.5 is hereby amended by deleting said Section in its entirety and substituting therefor the following Section:

            7.5       LEASING OF LOTS.     In order to maintain the character of the Community as a primarily residential development with the Lots being primarily utilized by owner/occupants thereof, and to enhance the financing of Lots in the future, leasing of the Lots in the Community shall be prohibited, except for Emergency Leasing as provided in Section 7.5(a) hereinbelow:

(a)        Definition of Leasing.  “Leasing” shall mean the regular, exclusive occupancy of a Lot by any person(s) other than the Owner, with or without a written lease agreement, for which the Owner, any relative of the Owner or any other agent or affiliate of the Owner, receives any consideration or benefit, including, but not limited to, a fee, service, gratuity or emolument.  The term leasing shall expressly include, without limitation, occupancy of a Lot by any individual or entity under a house sitting arrangement for the purpose of maintaining occupancy of the Lot pending the sale of the Lot .  For purposes hereof, occupancy by a roommate of an Owner/Occupant shall not constitute leasing.

            (b)        Prohibition on Leasing.  Except as set forth in Section 7.5(c) entitled “Emergency Leasing Approval”, leasing of Lots within Westbury shall be strictly prohibited.

(c)        Emergency Leasing Approval    .  Notwithstanding the provisions of subparagraph (b) above, the Board of Directors of the Association shall have the authority to issue, in its sole discretion, emergency approvals for the lease of a Lot (an “Emergency Leasing Approval”) due to situations arising from death or catastrophic illness, job transfers or other extraordinary or emergency situations that would reasonably warrant the issuance of an Emergency Leasing Approval.  Each Emergency Leasing Approval shall be valid only for the period of time specified by the Board at the time such Emergency Leasing Approval is granted and the Owner shall immediately discontinue leasing of the Lot at the end of such time period unless an additional Emergency Leasing Approval is first obtained. 

(d)        General Leasing Provisions.  Any lease agreement shall be required to provide that the terms of the lease shall be subject in all respects to the provisions of this Declaration and the Bylaws and rules and regulations of the Association and that any failure by the lessee (or other Occupant) to comply with the terms of such documents shall be in default under the lease.  All leases shall be required to be in writing.  No Owner shall be permitted to lease the Lot of such Owner for transient or hotel purposes.  No lease shall be for less than the entire Lot .  Prior to the commencement of any lease, the Lot Owner shall give the Association written notice of the name of the lessee and the term of the lease and a true and correct copy of the lease.  The Association shall have the right to limit the number of persons occupying a leased Lot .  No Lot may be subleased without the prior written consent of the Board of Directors, which consent may be arbitrarily withheld.  No Lot shall be used as a corporate apartment (i.e. for short term use by the employees, customers or clients of any Owner). 

            (e)        Specific Leasing Provisions.  Any lease of a Lot in the Community shall be deemed to contain the following provisions, whether or not expressly therein stated, and each Lot Owner covenants and agrees that any lease of a Lot shall contain the following language and agrees that if such language is not expressly contained therein, then such language shall be incorporated into the lease by the existence of this covenant.  Any lessee, by occupancy of a Lot , agrees to the applicability of this covenant and incorporation of the following provisions into any lease:

                        (i)         Liability for Fines and Other Charges.  The lessee acknowledges and agrees that lessee is personally obligated to the Association for the payment of all fines and other charges which become due as a consequence of the lessee's activities, including, but not limited to, activities which violate provisions of the Governing Documents, notwithstanding the fact that the Lot Owner is also personally liable for such charges and fines.

                        (ii)        Compliance with Governing Documents.  The lessee agrees to abide and comply with all provisions of the Declaration, Bylaws and other Rules and Regulations of the Association (the “Governing Documents”).  Any lessee charged with a violation of the Governing Documents is entitled to the same procedure to which a Lot Owner is entitled prior to the imposition of a fine or other sanction.

                        (iii)       Violations.  Any violations by the lessee of the Governing Documents constitute a default under the lease which entitles the Owner to evict the lessee in accordance with Georgia law.

                        (v)        Association as Third Party Beneficiary.  The Association is a third party beneficiary of the provisions set forth in this subparagraph (e).

            (g)        Owner Responsibility.  Each Owner is responsible for assuring that all lessees and other Occupants of the Owner’s Lot shall comply with the Governing Documents and for all violations and losses caused by such lessees and/or Occupants.  Each Owner is jointly and severally liable for all fines and other charges assessed against any lessee or Occupant of his or her Lot .  All such fines and charges shall constitute an assessment and lien against the Lot as provided in the Declaration. 

            (h)        Liability for Assessments.  When an Owner who is leasing his or her Lot fails to pay any annual or special assessment or any other charge for a period of more than thirty (30) days after it is due and payable, then the delinquent Owner hereby consents to the assignment of any rent received from the lessee during the period of delinquency, and, upon request by the Board of Directors, lessee shall pay to the Association all unpaid annual and special assessments and other charges payable during and prior to the term of the lease and any other period of occupancy by the lessee.  However, lessee need not make such payments to the Association in excess of, or prior to the due dates for, monthly rental payments unpaid at the time of the Board’s request. All such payments made by lessee shall reduce, by the same amount, lessee’s obligation to make monthly rental payments to the Owner.  If lessee fails to comply with the Board’s request to pay assessments or other charges, lessee shall pay to the Association all amounts authorized under Article 4 herein as if lessee were an Owner.  The above provision shall not be construed to release the Owner from any obligation, including the obligation for assessments, for which he or she would otherwise be responsible. 

            (i)         Owner Obligation to Evict.  Each Owner who leases his or her Lot shall be obligated to evict the lessee upon written request by the Association if such Lot Owner’s lessee has committed three (3) or more separate violations of the Governing Documents within any twelve (12) month period for which sanctions (including, but not limited to, fines) are imposed as provided for in the Governing Documents.  The Owner shall be required to commence the eviction process within ten (10) days after receipt of said notice from the Association, and shall be further required to diligently and continuously pursue the eviction process up to and through its final resolution or disposition.  Upon the request of the Association, the Owner shall provide the Association with assurances, including, if requested, supporting documentation, showing evidence of the Owner’s compliance with his or her obligations as provided for herein.  Upon the final resolution or disposition of the eviction process, the Owner shall inform the Association of the same by written notice.  In the event the Owner fails to comply with his or her obligation to evict the lessee as provided for herein, the Owner shall be subject to fines (and other sanctions), and such fines shall be deemed an assessment and lien against the Lot as provided in the Declaration.  The Owner, and not the Association, shall be solely responsible for evicting the lessee as provided for herein and shall solely bear the costs and expenses, including attorneys’ fees, associated therewith.

            (j)         Application to Existing Leases/Leasing.  Notwithstanding the provisions of Subparagraphs (b) and (c) hereof, those Owners who are leasing Lots upon the recording date of this Amendment (the “Effective Date”) and who, within thirty (30) days of the Effective Date, file with the Board a copy of the lease in effect on the Effective Date, shall be allowed to continue leasing without being required to demonstrate emergency or extraordinary circumstances until the first to occur of the following: (i) the sale or conveyance of the Lot in a bona fide, arm’s length transaction, (ii) the failure of the Owner to have his or her Lot leased for any consecutive ninety (90) day period, (iii) the failure of the Owner to have his or her Lot occupied for any consecutive ninety (90) days period and/or (iv) the occupancy of the Lot by the Owner.  Upon the expiration of such period, such Owner and all subsequent Owners of the Lot shall be subject to and be governed in all respects by the terms and provisions of this Section 7.5. 

IV.       Except as otherwise defined herein, capitalized terms as used in this Amendment, shall have the meanings ascribed to such terms in the Declaration.

V.        This Amendment shall be effective upon recordation in the real estate records of Fulton County , Georgia .

VI.       Except as herein modified and amended, the Declaration shall remain in full force and effect.

            IN WITNESS WHEREOF, this Amendment is executed on the date first written above.

                                                                                    Westbury Community

                                                                                    Association, Inc.,

Signed, sealed and delivered in the                                a Georgia non-profit corporation,

presence of:                                                                                                                                                                  By:                                                             

                                                                                    _______________________, President

Unofficial Witness

                                                                                                                                                                                                                                    Attest:             

                                                                                      _______________________, Secretary

Notary Public                                      

My commission expires:                                                                        [SEAL]

                                       [Notary Seal]

P:\CLIENT\W\Westbury HOA\Documents\AMENDMENT (4) DECLARATION.doc

EXHIBIT “A”

CERTIFICATION OF APPROVAL

            The undersigned, being the President and Secretary of Westbury Community Association, Inc., a Georgia nonprofit corporation (the “Association), hereby certify under oath that the foregoing Fourth Amendment to the Declaration of Covenants, Conditions, Restrictions and Easements for Westbury  was approved by the affirmative vote of the members of the Association holding two-thirds (2/3) of the Total Association Vote in accordance with the Declaration and Bylaws of the Association.

                                                                                    _______________________, President

                                                                                    _______________________, Secretary

Sworn to and subscribed before me

this ____ day of ______________, 2007.

Unofficial Witness

Notary Public

                                       [Notary Seal]