Laurel Hill

Laurel Hill By-Laws

Index Of By Laws

ARTICLE I: NAME
ARTICLE II: PRINCIPAL OFFICE
ARTICLE III: PURPOSES
ARTICLE IV: MEMBERSHIP
ARTICLE V: MEETING OF MEMBERS
ARTICLE VI: BOARD OF DIRECTORS
ARTICLE VII: OFFICERS
ARTICLE VIII: OTHER COMMITTEES
ARTICLE IX: DUES AND ASSESSMENTS
ARTICLE X: RULES AND REGULATIONS
ARTICLE XI: FAILURE OF ASSOCIATION
ARTICLE XII: ENFORCEMENT
ARTICLE XIII: AMENDMENTS
ARTICLE XIV: NOTICES
ARTICLE XV: WAIVER
ARTICLE XVI: SECTION 1: MEMBERS’ EASEMENTS OF ENJOYMENT IN COMMON PROPERTIES
ARTICLE XVI: SECTION 2: MEMBERS' EASEMENT OF ENJOYMENT IN USE OF STREETS AND ROADS
ARTICLE XVI: SECTION 3: EXTENT OF MEMBERS' EASEMENTS
ARTICLE XVI: SECTION 4
ARTICLE XVII: GENERAL PROVISIONS

THIS INDEX IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT NECESSARILY INCLUDE A REFERENCE TO EACH RESTRICTIVE COVENANT OR BY LAW, OR ANY ARTICLE, SECTION, SUB SECTION, SENTENCE, CLAUSE, PHRASE, OR TERM THEREOF.

By Laws Of The Laurel Hill Homeowners Association, Inc.

STATE OF SOUTH CAROLINA

COUNTY OF ORANGEBURG

BY LAWS OF THE LAUREL HILL
HOMEOWNERS ASSOCIATION, INC.

ARTICLE 1: NAME. The name of the association shall be The Laurel Hill Homeowners Association, Inc., a South Carolina non profit corporation (hereinafter referred to as the "Association").

ARTICLE II: PRINCIPAL OFFICE. The principal office of the Association shall be located at 396 St. Paul Street, Orangeburg, South Carolina.

ARTICLE III: PURPOSES. The purposes for which the Association is organized are:
A. To develop a community designed for safe, healthful, and harmonious living.
B. To promote the collective and individual interests and rights of all persons owning property in the subdivision known as Laurel Hill of Eddisto Plantation, Phase I, near the City of Orangeburg, State of South Carolina, and being set forth and shown on a plat of Eddisto Plantation, prepared for The Genoa Group, by Edisto Surveyors, Inc. dated December 12, 1989, including any future annexed or expanded properties.
C. To care for the improvements and maintenance of the streets, roadways, easements, right of ways, storm drainage, community center, gateways, public easements, parks, parkways, grass plots, common areas, berms, parking areas, lakes, canals, ponds, lagoons, dams, wells, irrigation systems, and any facilities of any kind dedicated to the community use and other open spaces of the subdivision and project, which now exist or which may hereafter be installed or constructed therein through annexation or expansion of the subdivision or project as provided for in the Declaration of Restrictive Covenants (hereinafter referred to as "common areas").
D. To cooperate with the owners of all vacant and unimproved lots now existing or which may hereafter exist in the subdivision in keeping them in good order and condition, in preventing them from becoming a nuisance and a detriment to the beauty of the subdivision and to the value of the improved property therein, and to take any action with reference to such vacant and unimproved lots as may be necessary or desirable to keep them from becoming such nuisance and detriment.
E. To aid and cooperate with the members of the Association and all property owners in the subdivision in the enforcement of such conditions, covenants, and restrictions on and appurtenant to their property, as well as, any other rules and regulations as shall hereafter be approved by a majority vote of the members of the Association.
F. To acquire, own, and lease such real and personal property as may be necessary or convenient for the transaction of its business and the fulfillment of its purposes.
G. To arrange social and recreational functions for its members.
H. To exercise any and all powers that may be delegated to it from time to time by the owners of real property in the subdivision.
I. This Association shall not engage in political activity or pursue political purposes of any kind or character.
J. In general, to do everything necessary, proper, or advisable for the accomplishment of the purposes herein above set forth.

ARTICLE IV: MEMBERSHIP.
1. Eligibility. Every present and future record, fee simple owner of a lot in the subdivision (including The Genoa Group, hereinafter referred to as the "Developer") whether one or more persons or entities, as distinguished from a security owner, shall be a member in the Association. Record ownership of a lot within said subdivision, without payment of dues, shall establish the owner as a member of this Association. The provisions of this section shall be mandatory. No owner of any interest in any lot shall have any right or power to disclaim, terminate or withdraw from the membership of the Association or any obligations as a member, and no purported disclaimer, termination or withdrawal thereof or therefrom on the part of any such owner shall be of any force or effect for any purpose.
2. Membership. Membership shall include an undertaking by such owner to comply with these By laws, the rules and regulations adopted by the Association, to pay annual dues, assessments, or charges, and to pay special assessments. Membership shall be accompanied by payment of the first year's dues in advance.
3. Termination. Membership in the Association shall terminate on a member ceasing to be a fee simple owner of a lot in the subdivision.
4. Assignment and Transfer. Membership of each owner (including Developer) shall be appurtenant to the lot or lots giving rise to membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except upon the transfer of title to said lot and then only to the transferee of title to such lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a lot shall operate automatically to transfer membership in the Association appurtenant thereto to the new owner thereof.

ARTICLE V: MEETING OF MEMBERS.
1. Annual Meetings. The date, time and place of all such meetings shall be set by the Board of Directors. The purpose of the annual meetings shall be for the purpose of electing directors, approving annual dues, and for the transaction of such other business as may come before the meeting.
2. Regular Meeting. In addition to the annual meetings, regular meetings of the members may be held at such time as shall be determined by the Board of Directors, provided, however, no such regular meeting shall be held during the months of June, July, and August.
3. Special Meetings. It shall be the duty of the President to call a special meeting of the members as directed by resolution of the Board of Directors or upon a petition signed by owners representing at least twenty five (25%) percent of the total votes of the Association. The notice of any special meeting shall state the time and place of such meeting and the purpose

thereof. No business shall be transacted at a special meeting except as stated in the notice.
4. Place of Meetings. Meetings of the Association shall be held at its principal office or such other suitable place convenient to the members as may be designated by the Board of Directors.
5. Notice of Meeting. It shall be the duty of the Secretary to mail a notice of each annual, regular or special meeting, stating the purpose thereof as well as the time and place where it is to be held, to each member entitled to vote, at least fifteen (15) days but not more than thirty (30) days prior to such meeting.
6. Quorum The presence at any meeting, in person or by proxy, of the members holding twenty-five (25%) percent of the votes that may be cast at such meeting shall be necessary and sufficient to constitute a quorum for the transaction of business. If any members who are present, either in person or by proxy, may adjourn the meeting to a time not less than forty-eight (48) hours from the time the original meeting was called. As the second meeting, any number of members present either in person or by proxy, regardless of the aforementioned quorum, shall be deemed sufficient to establish a quorum for the transaction of business given that notice of the original meeting was provided in accordance with these by-laws.
7. Voting. Each member shall be entitled to vote on each matter submitted to a vote of the members.
8. Proxies. At any meeting of members, a member entitled to vote may vote by proxy executed in writing by the member or by his duly authorized attorney in fact. No proxy shall be valid after three (3) months from the date of its execution, unless otherwise provided in the proxy.
9. Manner of Acting. A majority of the votes entitled to be cast on a matter to be voted upon by the members present or represented by proxy at a meeting at which a quorum is present shall be necessary for the adoption thereof unless a greater proportion is required by these By laws.
10. Voting by Mail. Where business of the Association is required to be conducted, such business may be conducted by mail in such manner, as the Board of Directors shall determine.
11. Order of Business. The Order of business for any regular or special meeting shall be determined by the Board of Directors.
12. Voting Rights. Each member in good standing shall be entitled to vote on each matter submitted to a vote of the members. A member shall have one (1) vote for each lot of which he is an owner. Where two or more persons or entities own a lot, only one vote for such lot owned shall be allowed, and such joint owner shall designate and register with the Secretary of the corporation the name of that owner entitled to cast such single vote. However, until such time as the Developer has sold at least seventy five (75%) percent of the lots in said subdivision now existing or which may exist through expansion or annexation, Developer will be allowed a special voting membership entitling it to cast one more vote than the total number of votes held or voted cumulatively by all other members.


ARTICLE VI: BOARD OF DIRECTORS.
1. Number and Qualifications. The affairs of the Association shall be governed by a Board of Directors composed of five (5) persons elected by a majority vote of the membership, all of whom must be members of the Association or officers, partners, agents, representatives or employees of Developer.
2. Powers and Duties. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not by law or by these By laws directed to be exercised and done by the members.
3. Other Duties. In addition to duties imposed by these By laws or by resolutions of the Association, the Board of Directors shall be responsible for the following:
A. Care, upkeep and surveyance of the subdivision and the common
areas and facilities.
B. Collection of annual dues, assessments, charges and special
assessments from the members.
C. Designation and dismissal of the personnel necessary for the
accomplishment of the purpose of the Association.
4. Election and Term of Office. At the first meeting of the Association, the
term of office of two (2) directors shall be fixed at three (3) years; the term of office of two (2) directors shall be fixed at two (2) years; and the term of office of one (1) director shall be fixed at one (1) year. At the expiration of the initial term of office of each respective director, his successor shall be elected to serve a term of three (3) years. The directors shall hold office until their successors have been elected and hold their first meeting.
5. Vacancies. Vacancies in the Board of Directors caused by any reason other than the removal of a director by a vote of the Association shall be filled by vote of the majority of the remaining directors, even though they may constitute less than a quorum; and each person so elected shall be a director until a successor is elected at the next annual meeting of the Association.
6. Removal of Directors. At any annual, regular or special meeting duly called, any one or more of the directors may be removed with or without cause by a majority vote of the members and a successor may then and there be elected to fill the vacancy thus created. Any director whose removal has
been proposed by the member shall be given an opportunity to be heard at the meeting.
7. Organization Meeting. The first meeting of a newly elected Board of Directors shall be held within fifteen (15) days of election at such place as shall be fixed by the Directors at the meeting at which such directors were elected, and no notice shall be necessary to the newly elected directors in order legally to constitute such meeting, providing a majority of the whole board shall be present.
8. Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the Directors, but at least two such meetings shall be held during each calendar year. Notice of regular meetings of the Board of Directors shall be given to each director, personally or by mail, telephone or telegraph, at least ten (10) days prior to the date for such meeting.
9. Special Meetings. Special meetings of the Board of Directors may be called by the president on five (5) days' notice to each Director, given personally or by mail, telephone or telegraph, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary in like manner and on like notice on the written request of at least three (3) Directors.
10. Waiver of Notice. Before or at any meeting of the Board of Directors, any director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting.
11. Quorum. At all meetings of the Board of Directors, a majority of the directors shall constitute a quorum for the transaction of business, and the acts of the majority of the directors present at a meeting at which a quorum is present shall be the acts of the Board of Directors. If, at any meeting of the Board of Directors, there be less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business, which might have been transacted at the meeting as originally called, may be transacted without further notice.
12. Fidelity Bonds. The Board of Directors shall require that all officers and employees of the Association handling or responsible for association funds shall furnish adequate fidelity bonds. The premiums on such bonds shall be paid by the Association.

ARTICLE VII: OFFICERS.
1. Designation. The principal officers of the Association shall be President, Vice President, Secretary, and a Treasurer, all of whom shall be elected by and from the Board of Directors. The directors may appoint an Assistant Treasurer, and an Assistant Secretary, and such other officers as in their judgment may be necessary.
2. Election of Officers. The officers of the Association shall be elected annually by the Board of Directors at the organizational meeting of each new board and shall hold office at the pleasure of the Board.
3. Removal of Officers. Upon an affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, either with or without cause, and his successor elected at any regular meeting of the Board of Directors, or at any special meeting of the Board called for such purpose
4. President. The President shall be the chief executive officer of the Association. He shall preside at all meetings of the Association and of the Board of Directors. He shall have all the general powers and duties which are usually vested in the office of President of an association, including but not limited to the power to appoint committees from among the members from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the Association.
5. Vice President. The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to attend. If neither the President nor the Vice President is able to act, the Board of Directors shall appoint some other member of the Board to do so on an interim basis. The Vice President shall also perform such other duties as shall from time to time be imposed upon him by the Board of Directors.
6. Secretary. The Secretary shall keep the minutes of all meetings of the Board of Directors and the minutes of all meetings of the Association; he shall have charge of such books and papers as the Board of Directors may direct; and he shall, in general, perform all the duties incident to the office of Secretary.
7. Treasurer. The Treasurer shall have responsibility for association funds and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. He shall be responsible for the deposit of all monies and other valuable effects in the name, and to the credit, of the Association in such depositories as may from time to time be designated by the Board of Directors.

ARTICLE VIII: OTHER COMMITTEES. The Board of Directors may appoint such other committees, as it may deem advisable. Each such committee shall have such powers and authority as shall be specified by the Board of Directors.

ARTICLE IX: DUES AND ASSESSMENTS.
1. Annual Dues. The initial dues shall be Two Hundred and no/100 ($200.00) dollars per year, per lot. The Board of Directors shall, two (2) months prior to the annual meeting of the association, prepare a projected statement of revenues, costs and expenses for the upcoming year and based upon said estimates ascertain the annual dues for the coming year and submit same to a vote of the membership at its annual meeting. Said annual dues shall become effective upon approval by a majority vote of the members. The annual dues may include provisions for such reserves for future expenditures as the Board of Directors shall deem appropriate. A statement of the proposed annual dues shall accompany notice of the annual meeting of members.
2. Payment of Dues. The annual dues shall be payable annually on or before January 1, of each year. The first such installment shall be pro-rated and paid on the first day of the month after which a member has received membership status. Annual dues must be fixed at a uniform rate for all lots. However, the Developer as owner of unimproved lots held in the inventory of the Developer and upon which no construction has begun, shall pay only one-half (1/2) of the annual dues. (Recorded in Deed Book 583 pg 1123)
3. Special Assessments. Special assessments may be levied on members of the Association only by a two-thirds (2/3) vote of two thirds of the membership. Provided, said special assessments shall be levied equally among each individual lot. To the extent necessary to provide for expenditures for which the necessary funds shall not have been provided by annual dues or assessments, the Association shall have power to borrow monies from such sources and upon such terms and conditions and with such security as the Board of Directors shall determine, provided, however, that no property owned by the Association shall be encumbered to secure such borrowing without the affirmative vote of not less than two thirds (2/3) vote of the membership.
4. Default in Payment of Dues or Assessments
A. When any member shall be in default in the payment of dues and assessments for a period of thirty (30) days from the date on which said dues or assessments become payable, he shall, for the purposes of voting, not be considered as a member in good standing; in addition, such member shall be dropped for active membership and placed on the inactive list. Such member shall not be reinstated until he has paid dues and assessments in full, and until such time as such member is reinstated, he shall have no rights of any kind arising out of membership in the Association and shall be prohibited from using any facilities or services of the Association. (Recorded in Deed Book 565 pg 941)
B. In addition to the foregoing, if any member shall fail to pay his dues or assessments as the same become due, after fifteen (15) days' written notice of such delinquency given by the Association to such member, the amount of the unpaid dues and assessments shall become a lien on such member's lot in the subdivision in favor of the Association, subject to the rights of prior lien creditors, and the Association shall have the right to proceed in the collection of said delinquent dues or assessments by mortgage foreclosure proceedings pursuant to the 1976 Code of Laws for the State of South Carolina (as amended) and in addition, the Association shall have the right to commence an in personam action against such members for the collection of the unpaid dues and assessments in any court of competent jurisdiction. The above provisions for enforcement shall be in addition to any other remedies at law.
C. The Association shall have, and is hereby given, the power and authority to require full payment of all sums due either by way of annual dues, charges, assessments, or special assessments as a condition precedent to the transfer or any interest in a lot of any member's interest in the Association.
D. The Association shall promptly provide any member so requesting the same a written statement of all unpaid sums assessed or imposed upon any lot as of particular date. Any bona fide purchaser or mortgagee relying upon such statement shall not be liable for, nor shall the lot involved be subject to a lien for, any amount in excess of that contained in said statement as of the date thereof; provided, however, nothing herein contained shall relieve a member of his or her obligation to pay said dues and assessments.
5. Assignment of Dues. In the event a member whose dues are paid shall, during the year in which such dues are paid, terminate his membership by sale of his lot in the subdivision, he shall be entitled to assign to the buyer of such lot the benefit of the paid dues. Any such buyer can acquire the benefit of such paid dues by paying a transfer fee of Ten and no/100 ($10.00) Dollars, without the necessity of paying pro rata dues to the end of the year.
6. Purposes of Dues and Assessments. The annual dues, charges, assessments and special assessments levied by the Association shall be used exclusively for protection, improvement, maintenance, repair, upkeep or beautification, cleanup and operation of the properties of the Association and the common areas, streets, roadways, easements, right of ways, storm drainage, parks, parkways, parking areas, grass plots, berms, ponds, canals and lakes, lagoons, dams, wells, irrigation systems and recreational facilities, including the payment of taxes and insurance, and payment for the cost of labor, equipment, materials, management, supervision, accounting, legal or other expenses incidental thereto.
7. Special Assessments for Capital Improvements. In addition to the annual dues authorized above, special assessments for capital improvements shall be used only for the purpose of construction, replacement or repair of a capital improvement upon the property of the association, including fixtures and personal property related thereto, provided that the amount of said assessments for any capital improvements to the property of the Association (e.g., tennis courts, swimming pools, club houses, roads, streets, storm drainage, dams, docks, irrigation systems, and other common capital properties) within said subdivision shall be set by the Board of Directors and approved by a three fourths (3/4) vote of the membership. Provided, further, that a member paying half dues as provided herein above shall not be compelled to begin payment of any assessment for capital improvements by the Association until such time as he shall be required to begin payment of full annual dues pursuant to these By laws.
8. The Board of Directors shall annually prepare or have prepared a statement showing assets and liabilities of the Association and a statement of revenues, costs, and expenses for such year. Such statement to be available to each member upon request at the Association office.

ARTICLE X: RULES AND REGULATIONS. The Board of Directors shall adopt such rules and regulations as may be necessary or appropriate for the accomplishment of the purposes of the Association. Such rules and regulations shall become effective when approved by a majority vote of the members of the Association, and when so approved, shall become a part of these By laws.

ARTICLE XI: FAILURE OF ASSOCIATION. If the Association shall fail to carry out any of its functions, duties and responsibilities or shall fail to properly maintain any of the facilities of the Association including streets, roadways or other common areas or fail to provide any necessary services, then Developer may exercise and perform the duties of the Association and the cost of all necessary repairs, services, maintenance and upkeep shall be assessed against each individual member of the Association on a per lot basis.

ARTICLE XII: ENFORCEMENT. By reason of the nature of the planned community herein contemplated, any violation on the part of any member of any of the terms and conditions of these By laws or of the restrictive covenants of said subdivision or any rules or regulations adopted by the Association pursuant to the authority herein granted, such will or is likely to result in damages which are irreparable and impossible of ascertainment. Therefore, the Association shall have, and is hereby granted, the right to prevent any such threatened violation on the part of any member, or the further continuation of any such violation, as the case may be, by means of injunctive proceedings, as well as by restricting or entirely suspending, for such period or periods as the Board of Directors of the Association may from time to time determine, the use by the offending member, his respective family, guests, invitees, tenants, contract purchasers, or any other person or entity exercising said rights through his membership of any facility or service of the Association. Before restricting or suspending a member's use, the said member may request and shall be granted a hearing before a duly called meeting of the Board of Directors. In addition, such restricted or suspended member shall be placed on the inactive membership list. These remedies are in addition to any others provided by law.

ARTICLE XIII: AMENDMENTS. These By laws may be amended or repealed, or new By laws may be made and adopted, at any annual, regular or special meeting of the members of the Association, by a majority vote of all the members entitled to vote, provided that notice of intention to amend shall have been contained in the notice of meeting.

ARTICLE XIV: NOTICES. Any notice required to be sent to any member or owner under the provisions of these By¬laws shall be sent to the last known address of the person or entity as it last appeared on the records of the Association. Notice to one of two or more co owners of a lot shall constitute notice to all co owners. It shall be the responsibility of each member to immediately notify the Secretary of the Association in writing of any change of address. Any person or entity who becomes an owner and member in the calendar year in which said notice is mailed shall be deemed to have been given notice if notice was given to his predecessor in title. Any notice shall be deemed delivered when deposited in the United States mail, with postage thereon prepaid.

ARTICLE XV: WAIVER. The failure of the Association to seek redress for any violation, or to enforce any term or provision of this declaration or of any rule or regulation issued hereunder or pursuant hereto shall not be deemed a waiver of any such right of redress or enforcement, either as to any subsequent violation of a similar or other nature or as to any future continuation of any violation.

ARTICLE XVI:
Section 1: Members’ Easements of Enjoyment in Common Properties. Subject to the provisions these By¬laws, adopted rules and regulations and any fees, charges or assessments established by the association, every owner shall have a right and easement of use and enjoyment in and to the common properties of the Association and such easement shall be appurtenant to and shall pass with the title of every lot. This easement of enjoyment shall be for the benefit of each lot, the owner(s) of such lot and each of them and for their respective families, guests, invitees, tenants and contract purchasers, for recreational purposes and uses and without limiting the generality of the foregoing, for ingress and egress over and through the common properties.
Section 2: Members' Easement of Enjoyment in Use of Streets and Roads. Subject to the provisions of these By-laws, any rules and regulations of the Association and any fees or charges established by the Association, all members shall have the right of ingress and egress over and across the streets and roadways of the project and the full use thereof within said subdivision and such rights shall be appurtenant to and shall pass with the title of every lot.
Section 3: Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following:
A. The right of the association, as provided in its By laws, to suspend the rights and easements of enjoyment of any member, his respective family, guests, invitees, tenants, contract purchasers, or any other person or entity exercising said rights through his membership for any period during which the payment of any dues or assessments against property owned or leased by such member remains delinquent, and for any period for any infraction of these By laws, adopted rules and regulations or covenants and restrictions of the subdivision; provided that the association shall not suspend the right to use the roads or streets belonging to the association subject to the rules, regulations and fees, if any, established by the association for such use.
B. The Board of Directors of the association shall have the power to place any reasonable restrictions upon the use of the association's roadways and streets, subject to an owner's right of ingress and egress, or the right of ingress and egress of Developer and others as provided in Paragraph C herein below, including but not limited to, the types and sizes of vehicles permitted to use such roads and streets, the maximum and minimum speed of vehicles using such roads and streets, all other necessary traffic and parking regulations, and the maximum noise level of vehicles using such roads and streets. The fact that such restrictions on the use of same shall be more restricted than the laws of any state or local government having jurisdiction over the properties shall not make such restrictions unreasonable. The association shall have the right to suspend and prohibit the use of said roads and streets to any individual who does not abide by said use restrictions.
C. Developer shall have the right to use said roads and streets and to have visiting members of the general public use same, including prospective purchasers of property, contractors or agents of Developer and other persons who may be involved in the construction of homes within the adopted by the association; provided, that such rules and regulations do not prohibit or otherwise impair the use of the roads and streets for purposes of sale or development of the property within said subdivision or the construction of homes therein.
D. It is understood that all common areas, roads and streets and storm drainage
are held shall be held by the association, subject to all restrictions, conditions and covenants of said subdivision.
E. The Association may dedicate or transfer all or any part of a 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 signed by two thirds (2/3) of the owners agreeing to such dedication or transfer has been recorded.
Section 4: Developer covenants for itself, its successors and assigns. that when in its sole discretion this association has the resources and abilities for providing general maintenance, upkeep, and repair to the common areas, roads, streets, storm drainage, easements, right of ways, ponds, canals, lakes, lagoons, wells, irrigation systems, parks, parkways grass plots, and berms of the subdivision, which now exist, or hereafter may exist through annexation or expansion, that the Developer may deed over any common area, either as a group or separately, to the association, at no charge to the association, and the association hereby agrees to accept any such conveyance and agrees to provide for the general maintenance, upkeep and repair of same as
provided herein; provided, also, that same shall be in good repair and not need of major repairs at the time of such conveyance.

ARTICLE XVII: General Provisions
1. If any term, provision, covenant, easement, agreement or condition herein, or any rule or regulation issued hereunder, shall be or be held to be invalid, the remainder of same shall not be invalidated or terminated thereby but shall remain in full force and effect for all intents and purposes as though such invalid term, provision, covenant, easement, agreement, condition, rule or regulation had not been included herein.
2. All the easements, rights, covenants, agreements, reservations, restrictions, and conditions herein contained shall run with the land and shall be to the benefit of and be binding upon all owners of a lot and each subsequent holder of any interest in any portion thereof, their grantees, heirs, successors, personal representatives and assigns with the same full force and effect for all purposes as though set forth at length in each and every conveyance of the property or any part thereof. Reference in the respective deeds of conveyance, or in any mortgage or trust or other evidence of obligation, to same herein described shall be sufficient to create and reserve such easements and covenants to the respective grantees, mortgagees or trustees of such parcels as fully and completely as though same were fully recited and set forth in their entirety in such documents.
3. If and to the extent that any of the covenants, conditions, obligations, rules or regulations or any other provisions herein would otherwise be unlawful or void for violation of (a) the rule against perpetuities, (b) the rule restricting restraints on alienation, or (c) any other applicable statute or common law rule analogous there-to or otherwise imposing limitations upon the time for which such may be valid, then the provisions concerned shall continue and be of full force and effect until such period of time which shall not violate the rule against perpetuities as set forth in the laws of the State of South Carolina or any of the above mentioned prohibitions.
4. Any suspension for either non payment of any assessments, annual dues, special assessments, or a breach of the rules and regulations of the Association or covenants and restrictions of the subdivision shall not constitute a waiver or discharge of a member from his obligation to pay all assessments, special assessments and/or annual dues as they become due.




IN WITNESS HEREOF, The Genoa Group, as developer and incorporator of Laurel Hill Homeowners Association, Inc. has caused these presents to be executed in its name by its general partners this 20th day of June, 1990.

IN THE PRESENCE OF: THE GENOA GROUP PARTNERSHIP


/S/ James F. Walsh, Jr. /S/ Harris B. Davis
______________________________ ____________________________
Managing Partner


/S/ Susan C. Gleaton /S/ Marion F. Moore
______________________________ ____________________________
Managing Partner




STATE OF SOUTH CAROLINA

COUNTY OF ORANGEBURG

PERSONALLY appeared before me Susan C. Gleaton and made oath that she saw The Genoa Group Partnership by its managing partners sign, seal and as their act and deed, deliver the within written Declaration and that she with James F. Walsh, Jr., witnessed the execution thereof.

/S/ Susan C. Gleaton
___________________________________
SWORN to before me this
20th day of June, 1990.

/S/ James F. Walsh (L.S.)
_______________________________________
Notary Public for S.C.
My Commission Expires: 4 20 91