ARTICLE I.

DEFINITION

 

Section 1.

"Association" shall mean and refer to Summer Trace Homeowners Association, its successors, and assigns.

 

Section 2.

"Owner" shall mean and refer to the record owner, whether one or more persons or entities of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

 

Section 3.

"Properties" shall mean and refer to that certain real property herein above described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

 

Section 4.

"Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners and all other real property that may be conveyed to the Association. The Common Area to be owned by the Association at the time of the conveyance of the first lot is as follows: a) the area shown on the northern side on both sides of the entrance area shown on the plat dated Sept 28, 2000.

 

Section 6.

"Declarant" shall mean and refer to Dicari, Inc., its successors, and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for development.

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ARTICLE II.

ADDITIONS TO EXISTING PROPERTY

 

The Development, its successors, and assigns, shall have the right, without further consent of any owner, mortgagee, lien holder therein or any other person, to bring within the plan and operation of these Covenants additional properties in future stages of the development which are contiguous and adjacent thereto which may be joined together with those properties previously developed to form a 2 subdivision to be known as Summer Trace. The additions authorized under this section shall be made by filing of record a supplementary declaration of covenants to the additional property which shall extend the operation and effect of these Covenants to such additional property.  The supplementary declaration may contain such complementary additions and modifications of the covenants and restrictions contained in these Covenants as may be necessary or convenient in the judgment of the Declarant to reflect the different character, if any, of the added properties.

 

 

ARTICLE III.

RESIDENTIAL USE OF PROPERTY

 

All lots shall be used for residential purposes only, and no structure or building shall be erected, placed, altered, or permitted to remain on any Lot other than one single-family dwelling not more than two and one-half stories in height and any accessory structures customarily incidental to the residential use of such lots. In addition to the foregoing, and not as any limitation thereof, the following restrictions shall be applied to the lands subject to these Covenants.

 

a) The exterior color scheme shall be regulated by the Architectural Review Board and specified in the Architectural Guidelines.

 

b) The exterior finish of all buildings and structures shall be regulated by the Architectural Review Board. The same materials utilized for the exterior and roof of the residence shall also be used for the garage or other buildings erected on the Lot.

 

c) Fences may be erected on the Lots, extending from the front comers of a dwelling around the rear of a Lot and shall not exceed six (6') feet in height; provided however, that the portion of a fence facing a street shall be ornamental consisting of wood or brick. No chain link fences or metal fences are permitted. All fences must be approved, in writing, by the Architectural Review Board before installation thereof. The construction side of all fences must face the interior of the Lot. Fences shall not be placed within drainage or utility easements without the permission of all applicable utilities and governmental authorities. If fences are placed in an easement, the Owner shall be required to remove the fence from time to time if necessary to maintain the drainage canals, ditches, or utilities placed in the easement. Fences shall be designed such that they do not interfere with the natural or intended flow of surface water. Fences on comer lots shall not be erected within fifteen (15') feet of either street. No fence on any lot shall be constructed in a location that impairs the sight lines of vehicular traffic on streets within or adjacent to the subdivision.

 

d) No Lot Owner shall change the elevation of his Lot in such a way as to adversely affect adjacent Lots.

 

e) No live oak tree over four (4") inches in diameter measured at a height of five (5') feet above grade shall be removed. No tree of any other kind larger than six (6") inches in diameter measured at a height of five (5') feet above grade shall be removed unless it falls in the area occupied by the proposed building, patio, or driveway or within five (5') feet of said area or as may be approved by the Architectural Review Board.

 

f) No residence or dwelling shall be erected at Summer Trace, or on any of the lots therein unless said dwelling be constructed with a minimum of one thousand four hundred (1,400) square feet of total enclosed dwelling area. The term "enclosed dwelling area" as used in these minimum site requirements does not include garages, terraces, decks, porches, and similar areas. 3

 

g) Each dwelling shall be harmonious and compatible with surrounding residences and topography.

 

h) No residence, dwelling, or other building shall be located on any lot nearer to the front lot line than ten (10) feet, or nearer to a side lot line, than three (3') feet with a minimum of ten (10') feet between building, on respective lots, or nearer to a back lot line than ten (10') feet.

 

i) Any deviations from the building line requirements set forth herein, not over ten (10%) percent thereof, shall not be a violation of said building line requirements. Any other deviation from the setback provisions must be approved in writing by the Declarant and the owner of the property where the setback deviation is situated.

 

j) Each dwelling shall have affixed thereto a prominent display of the appropriate house number in a manner prescribed by the Architectural Review Board in the Architectural Guidelines.

 

k) No lot shall be excavated, or earth extracted therefrom for any business purpose. No elevation changes shall be permitted which materially affect surface grade or surrounding Lots; save and except, and specifically limited to, that the elevations of the lots may be raised to the level required by the applicable public and governmental authorities so that the structures placed on said lots may be built upon a "slab" foundation.

 

l) No junk or abandoned cars are permitted in the subdivision. Automobile maintenance is permitted to occur in a driveway if the maintenance is completed at the end of the day and all tools and debris are cleaned up. 

 

 

ARTICLE IV.

DELIVERY RECEPTACLES AND MAILBOXES

 

Receptacles for the receipt of mail shall be approved by the Post Office Department and Association. Said receptacles shall be of uniform construction and appearance as prescribed by the Association and shall be erected in a manner approved by the Association and at such location as the Association may in its discretion designate. No receptacle or any construction for the receipt of newspapers or similar delivered materials shall be erected or permitted except as approved in writing by the Association.

 

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ARTICLE V.

OBSTRUCTION TO VIEW AT INTERSECTION AND DELIVERY

 

The lower branches of trees or other vegetation in the sight line approaching any street or street intersection shall not be permitted to obstruct the view of the same.

 

 

ARTICLE VI.

USE OF OUTBUILDINGS AND SIMILAR STRUCTURES

 

No structure of a temporary nature shall be erected or allowed to remain on any Lot, and no trailer, shack, tent, garage, barn, or other structure of a similar nature shall be used as a residence, either temporarily or permanently. Sheds or other temporary structures may be erected upon the premises if they are approved in writing by the Association and provided further that such sheds or structures are not used as temporary residences. All sheds must be screened from the view from the front street and be of a color that matches or is compatible with the exterior house colors.

 

 

ARTICLE VII

SIGNBOARDS

 

No sign boards shall be displayed except "For Rent" and "For Sale", which signs shall not exceed six (6') square feet in size. No more than two (2) signs shall be displayed on any Lot at the same time. All signs must be of a design and location approved by the Association. This provision shall in no way prohibit the Declarant or its designee or assign from the placement of signage at the entrance of the subdivision to identify the name of the subdivision, nor shall it prohibit the Declarant or its authorized designee from placing identifying signage at or on the Lot of the Model Home and Sales Office of the subdivision.

 

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ARTICLE VIII.

ANTENNA

 

No radio or television transmission tower, satellite dish, or antenna shall be erected within the restricted property and only the customary receiving antenna which shall never exceed ten (10') feet in height above the roof ridge line of any house is allowed. Small receiving dishes not exceeding 18 inches in diameter are permitted subject that it is not visible from the street.

 

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ARTICLE IX.

MINING AND WELLS

 

No Lot or portion thereof shall be used for any mining, boring, quarrying, drilling, removal of, or any other exploitation of subsurface natural resources with the sole exception of subsurface water. No individual water supply system shall be permitted except for irrigation, swimming pools, or other non-domestic use.

 

 

ARTICLE X.

AIR AND WATER POLLUTION

 

No use of any Lot (other than the normal use of residential fireplaces and residential chimneys) will be permitted that emits pollutants into the atmosphere, or discharges liquid or solid wastes or other harmful matter into any waterway over environmental standards by the Association and any federal and state laws and any regulations thereunder. No waste or any substance or materials of any kind shall be discharged into any private or public sewer serving the Lots in violation of any regulations of the State of South Carolina or any private or public body having jurisdiction. No person shall dump garbage, trash or other refuse into any buffer area, waterway, or preserved freshwater wetlands on or immediately adjacent to the Lots.

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ARTICLE XI.

DISPOSITION OF TRASH AND OTHER DEBRIS

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Trash, garbage, or other waste shall be kept only in sanitary containers. No owner shall permit or cause any trash or refuse to be kept on any portion of a Lot or any other property of the Association other than in the receptacle customarily used. and therefore which, except on the scheduled day for trash pickup. Trash and recycling receptacles are to be put by the road the day before a scheduled trash or recycling pickup. Trash and recycling receptacles shall be removed from the road no later than the day after a scheduled trash or recycling pickup. At all other times, such containers shall be stored in such a manner that they cannot be seen from adjacent and surrounding property. No lumber, metals, bulk materials, refuse or trash shall be kept, stored, or allowed to accumulate on any Lot, except building materials during the course of construction for a period not to exceed 180 days (commending from day one of the first delivery of any of such materials) for any approved structure, unless such materials are screened from view in a manner approved by the Association. During the course of construction, it shall be the responsibility of each Owner to ensure that construction sites are kept free of unsightly accumulation of rubbish and scrap materials and that construction materials, trailers, shacks, and the like are kept in a neat and 5 orderly manner; by the intent of this provision, a dumpster or similar commercial refuse disposal unit shall be allowed on each lot during the period of construction of the residence for that particular lot. Each of the above-described commercial refuse disposal units which are placed on the respective lots during construction, shall be emptied regularly to prevent any unnecessary spillover of refuse or any accumulation of refuse which could be construed to be unsightly, unneat, or disorderly. No burning of any trash and no accumulation or storage of litter or trash of any kind shall be permitted on any Lot.

 

 

ARTICLE XII.

AESTHETICS, NATURE GROWTH, FENCES, SCREENING, UNDERGROUND UTILITIES SERVICE

 

No natural growth or flora shall be intentionally destroyed and removed, except with the prior written approval of the Association without which the Association may require the Lot owner, at its cost, to replace the same. Garbage cans, equipment, or storage piles shall be called in to conceal them from the view of neighboring Lots or streets. All residential utility services and lines to residences shall be underground. No fences, awnings, ornamental screens, screen doors, sunshades, or walls of any nature shall be erected or maintained on or around any portion of any structure or elsewhere within a Lot, easement, or other common area as so designated, except such as are installed by the original construction of the Lots, and any replacement thereof, or as are authorized and approved by the Association.

 

 

ARTICLE XIII.

ANIMALS

 

No animals, reptiles, rodents, birds, fish, livestock, or poultry shall be raised, bred, or maintained on any Lot, except that domestic dogs, cats, fish, and birds inside bird cages, may be kept as household pets within any structure upon a Lot, provided they are not kept, bred, raised therein for commercial purposes, or in unreasonable quantities. As used in these Covenants, "unreasonable quantities" shall be deemed to limit the total number of all dogs, cats, and birds to two (2) per Lot. All pets must be always on a leash when they are outside their owner’s property. This includes the Town of Summerville sidewalks, roadways, and the Summer Trace common areas. While on their owner’s property, they must be subject to a responsible person and be always obedient to that person’s command.  

 

 

ARTICLE XIV.

PROHIBITION OF COMMERCIAL USE

 

No trade or business shall be conducted on any lot except for a permitted "Special Use Permit-Home Occupation" under the Zoning Ordinance of the Town of Summerville. No building or structure designed or intended for any purpose connected with any trade, business, or profession shall be permitted upon any Lot. Notwithstanding the prohibition found in this section and others contained herein, the declarant or an entity so designated by it shall be allowed to establish and designate the structures built in the subdivision as a Model Home and Sales Office to be utilized for the representative visual display of the type of home located in the subdivision and for the sale of the lots and structures therein.

 

 

ARTICLE XV.

MINOR AGRICULTURAL PURSUITS

 

Minor agricultural pursuits incidental to residential use of the Lots shall be permitted provided that such pursuits may not include the raising of crops intended for marketing or sale to others.

 

 

ARTICLE XVI.

MAINTENANCE REQUIRED BY OWNER

 

Each Owner shall keep all Lots owned by him, and all improvements therein or thereon, in good order and repair, including but not by way of limitation, the seeding, watering, and mowing of all lawns, the pruning and cutting of all trees and shrubbery and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with safety and good property management.

 

 

ARTICLE XVII.

OUTSIDE DRYING AND LAUNDERING

 

No clothing or household fabrics shall be hung in the open on any Lot unless the same are hung from an umbrella or retractable clothes hanging device which is removed from view when not in use.

 

 

ARTICLE XVIII.

FIREWORKS AND USE OF FIREARMS

 

The sale and use of fireworks of any kind whatsoever on the Lots is prohibited. The use or discharge of firearms of any kind whatsoever is prohibited. Hunting of any kind, and by any method, including but not limited to firearms, traps, snares, bows, and arrows, or manually propelled missiles is prohibited.

 

 

 

ARTICLE XIX.

PROHIBITION AGAINST OFFENSIVE CONDUCT OR NUISANCE

 

No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to the neighborhood. There shall not be maintained any plants or animal or device or anything of any sort whose normal activities or existence will in any way diminish or destroy the enjoyment of other property in the neighborhood by the Owners thereof.

 

 

ARTICLE XX.

PARKING

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a) Other Vehicle and Trailer Parking - No trailer, trailer house, recreational vehicle, mobile home, or habitable motor vehicle of any kind, boat or boat trailer, school bus, truck (other than non-commercial "vans" or "pick-ups" of less than one-half ton) or commercial vehicle van shall be kept, stored or parked overnight on any lot or street. This shall not be construed to prohibit a mere temporary standing or parking of a trailer, boat, trailer house, recreation vehicle, or mobile home for short periods preparatory to taking same to some other location for use or storage. Short-term parking of trailers, house trailers, mobile homes, recreational vehicles, habitable motor vehicles, boats, boat trailers, motorcycles, and permissible commercial vehicles is allowed for a maximum of two (2) consecutive days or thirty (30) days total over the course of a one (1) year period. Boat trailer storage is tolerated if kept within an enclosed garage or an area screened from the streets. No such vehicle shall be used as either a temporary or permanent residence. Nothing contained herein shall be considered to prohibit the use of portable or temporary buildings or trailers as field offices by contractors during actual construction in Summertrace, provided the same are approved by the Association. Under no circumstances are vehicles without current license plates and inspection stickers to be parked on any lot and storage of junk cars is prohibited within the subdivision.

 

b) Owner Vehicle Parking - Each lot owner, upon construction and before occupancy of any dwelling constructed on any lot herein, shall initially provide and thereafter suitably maintain, an off-the-street paved space or driveway of sufficient and reasonable size to allow for the side-by-side parking of two (2) automobiles.

 

 

ARTICLE XXI.

CHEMICAL FERTILIZERS, PESTICIDES, OR HERBICIDES

 

No commercial chemical fertilizers, pesticides, or herbicides other than those approved by the Developer shall be used on any Lot or any portion of the subdivision. This provision in no way limits the use of those products that are readily available for consumer use and approved by a government agency.

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ARTICLE XXII.

PARKING RESTRICTIONS AND USE OF GARAGES

 

No automobile shall be parked or left on any street overnight or on any property shown on a plate of any portion of Summertrace other than on a driveway or within a garage. Garage doors, if any, shall always remain closed except when entering or exiting or for other short-term uses for house or lawn maintenance.

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ARTICLE XXIII.

PROPERTY RIGHTS

 

Section 1. Owner's Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:

 

(a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area.

 

(b) the right of the Association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations.

 

(c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded.

 

(d) the right of the Association to establish such rules and regulations for the use of the Common Area.

 

(e) land designated as a Common Area may be employed in the construction maintenance and enjoyment of social, recreational, and community buildings or structures. Common Area includes those areas defined earlier in this document in Article I, Section 4, and also all other lands herein upon which the following are constructed: permanent signs bearing the name of the subdivision, detention and/or retention ponds connected with the drainage plan for the Property, and islands within road rights-of-way.

 

(f) no trash, garbage, sewerage, or any other unsightly or offensive material shall be placed upon a Common Area except temporarily and incidental to the bona fide improvement of the Area.

 

Section 2. Delegation of Use. Any owner may delegate, by the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.

 

Section 3. Easements. In addition to those easements shown on any plat of a Lot, and not as any limitation thereof, an easement on each Lot is hereby reserved by the Declarant for itself and its agents, designees, successors, and assigns along, over, under, and upon a strip of land five (3') feet in width, parallel and contiguous with each side Lot line, and along, over, under and upon a strip of land ten (10') feet in width, parallel and contiguous with the front and rear lines of each Lot, in addition to such other easements as may appear on the Plat hereinabove referred to. Said easement may be encompassed within larger easements of record. The ten (10') foot-front easement is for the installation and maintenance of utilities and drainage structures, as well as clusters of mailboxes. The purpose of these easements shall be to provide, install, maintain, construct, and operate drainage facilities, now or in the future, and utility service lines to, tram, or for each of the Lots. Within these easements, no structures, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation or maintenance of utilities, or which may change the direction of flow of drainage channels in such easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner, except for those improvements for which a public authority or utility company is responsible. For this covenant, the Developer reserves the right to modify or extinguish the easements herein reserved along any Lot line when in its sole discretion, adequate reserved easements are otherwise available for the installation of drainage facilities or utility service lines. For the duration of these Covenants, no such utilities shall be permitted to occupy or otherwise encroach upon any of the easement areas reserved without first obtaining the prior written consent of the Declarant or the Association if the Declarant has sold its lots.

 

Section 4. The Declarant reserves the right to enter into any agreement that it may deem necessary and proper with any public authority or utility company regarding the terms and conditions of use of the within-reserved easements on each Lot, including but not limited to an agreement to assign Declarant's rights to such public authority. Such agreement shall, upon execution, be filed with the RMC Office for Dorchester County, South Carolina, and shall without necessity of further action, constitute an amendment of these Covenants by Declarant and become a part of these Covenants as is set out in full herein. Where the terms of this section and such agreement conflict, the terms of the agreement shall be controlled.

 

 

ARTICLE XXIV.

MEMBERSHIP AND VOTING RIGHTS

 

Section 1. Every owner of a lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.

 

Section 2. The Association shall have two classes of voting membership:

 

Class A.

The class A members shall be all Owners, except for the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast concerning any Lot.

 

Class B.

The class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:

• when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership

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ARTICLE XXV.

COVENANT FOR MAINTENANCE ASSESSMENTS

 

Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay 9 to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation of delinquent assessments shall not pass to his successors in title unless expressly assumed by them.

 

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area.

 

Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be One Hundred and 00/100 Dollars ($100.00) per Lot; saving and excepting that the Declarant herein shall not be charged or levied any Annual Assessment hereunder, and that said Annual Assessment on each lot shall accrue upon the conveyance of each respective lot from Declarant to an Owner other than Steve Hill CRC construction or Landura Homes, Inc. Upon sale of a lot, Inc. to a new owner the Annual Assessment shall begin to accrue.

 

(a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than five (5%) percent above the maximum assessment for the previous year without a vote of the membership.

 

(b) From and after January I of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above five (5%) percent by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.

 

(c) The Board of Directors may fix the annual assessment at an amount not over the maximum.

 

Section 4. Special Assessment for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.

 

Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called to take any action authorized under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting.

 

Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected every month.

 

Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided 10 for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a lot is binding upon the Association as of the date of its issuance.

 

Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of six (6%) percent per annum. The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.

 

Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. The sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments that became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

 

 

ARTICLE XXVI.

ARCHITECTURAL CONTROL

 

No building, shed, outbuilding, fence, wall, basketball goal, or other structure shall be commenced, erected, or maintained upon the Properties, nor any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location about surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required, and this Article will be deemed to have been fully complied with.

 

 

ARTICLE XXVII.

GENERAL PROVISIONS

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Section I. Enfoncement. The Association has the exclusive authority to enforce any liens and charges arising under the Declaration of Covenants or the Bylaws for the Association. Failure by the Association or by any Owner to enforce any covenants or restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter.

 

Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.

 

Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of thirty (30) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (l0) years. This Declaration of Covenants may be amended at any time by a vote of at least two-thirds (2/3) of the total membership votes of owners entitled to vote as provided in Article XXIV. Any Amendment shall be by a written instrument and must be recorded. Upon proper execution, the instrument shall be filed in the RMC Office for Dorchester County, South Carolina. Notwithstanding the expiration or termination of these covenants, the obligation is to pay each lot's pro-rata share of the expenses for landscaping and maintaining signage in Summer Trace.

 

 

ARTICLE XXVIII

RENTAL RESTRICTIONS

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Any residence or dwelling unit that is being rented out in contravention of this Article at the time this Article is adopted may continue to be rented out on a long-term basis until the residence or dwelling unit is transferred and/or sold.  

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If a residence or dwelling unit is owned by a business entity or trust, then, before qualifying for the long-term rental exception described above, the business entity or trust must designate to the Board a person to be the occupant for purposes of this Article.  

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All residences and dwelling units in Summer Trace will be owner-occupied. Except as set forth herein, no residence or dwelling unit will be rented out unless the following terms apply. A current homeowner as of September 15, 2021, will be allowed to rent their home for a minimum of one (1) year. Short-term rentals, vacation rentals, and VRBO/Airbnb-type rentals are strictly prohibited. After September 15, 2021, long-term rentals are also strictly prohibited unless the residence or dwelling unit was Owner occupied for a period of at least two (2) years before being rented out. Any long-term rental authorized under this Article must be memorialized by a written and signed lease for a term of at least one (1) year.  

 

 

 

This is a transcription of original documents and is believed to be representative of originals.

This serves the purpose of being more readable than the original PDF document.

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