Summer Wood Home Owners Association

SWPOA,Inc. CC&R's

DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SUMMER WOOD SUBDIVISION

 THIS DECLARATION, made on 30th day of September, 2004 by Rosewood of the Piedmont, Inc., a South Carolina corporation, hereinafter referred to as the "Declarant".

 WITNESSETH

 WHEREAS, the Developer is the owner of Lots Nos. 1, 4, 12, 27, 28, 42, 67, 68, and 69, and the Declarant is the owner of balance of the Lots of certain property in Greenville County, South Carolina, which is more particularly described with reference to the subdivision plat entitled SUMMER WOOD, dated May 28th, 2003, prepared by Plumblee Surveying, and recorded in the ROD Office for Greenville County, South Carolina in Plat Book 48-1, at Page 23, and

 WHEREAS, said Declarant is developing said real estate as a single family residential subdivision, and wishes to impose thereon a general, uniform scheme of development;

 NOW, THEREFORE, for protecting and enhancing the value, desirability and attractiveness of the real property in the subdivision known as SUMMER WOOD, the Declaration of Covenants, Conditions and Restrictions shall read as follows, and shall inure to the benefit of each lot owner thereof, their respective heirs, successors and assigns, and which shall further inure to the benefit of the Association, as these terms are hereinafter defined.

ARTICLE I.

DEFINITIONS

Section 1. "Architectural Committee" shall mean the persons designated by Declarant to service as members of the Architectural Committee to perform the duties assigned to such Committee by the provision hereof.

 Section 2. "Association" shall mean and refer to Summer Wood Property Owners' Association, Inc., a South Carolina non-profit corporation, its successors and assigns.

Section 3. "Board of Directors" means those persons elected or appointed and acting collectively as the Directors of the Association.

Section 4. "Building" shall mean and refer to a structure constructed or erected on a lot in which a residence is located.

Section 5. "By-Laws" means the by-laws of the Association as they now or hereafter exist.

 Section 6. " Common Area" shall mean and refer to all land within the Property designated as such by Declarant, to be owned by the Association, along with facilities and improvements erected or constructed thereon, for the common use and enjoyment of the members of the Association, which, as of the time of this Declaration being recorded with the Greenville County ROD Office, is yet to be identified. The terms "Commons Area", shall also include such additional parcels of the property as Declarant may from time-to-time designate by filing a declaration in the public records of Greenville County, South Carolina.

 Section 7. "Common Expenses" shall mean and include:

(a) All sums lawfully assessed by the Association against its members;

 (b) Expenses for maintenance of portions of the individual lots (exclusive of any structure) as provided in this Declaration;

 (c) Expenses of administration, maintenance, repair or replacement of the common areas;

(d) Expenses declared to be common expenses by the provision of this Declaration and the By-Laws;

(e) Hazard, liability or such other insurance premium as the Declarant or By-Laws may require the Association to purchase;

 (f) Expenses agreed by the members to be common expenses of the Association;

 Section 8. "Common Profits"· shall mean and refer to the balance of all income, rents, profits, and revenues of the Association remaining after the deduction of the common expenses or reserves therefor. Common profits shall not mean or include any sums lawfully assessed against members by the Association.

Section 9. "Declarant" shall mean and refer to Rosewood of the Piedmont,Inc., a South Carolina Corporation, its successors and assigns, or a person or entity to whom the rights of Declarant are expressly transferred, if such successors or assigns should acquire more than one undeveloped lot or undeveloped acreage for the purpose of development or acquire title to the property under a deed in lieu of foreclosure or judicial foreclosure, or one otherwise denominated a "Declarant" thereby.

 Section lO. "Lot" shall mean and refer to any plot of land, other than the Common Area, shown on the recorded subdivision plat of the property and upon which a residence has been or may be constructed.

Section 11. "Member" shall mean and refer to every person who is a member of the Association.

Section 12. "Mortgage" means any mortgage Of other instrument encumbering any interest in any Lot and the Common Area or any part thereof, as security for the performance of an obligation.

Section 13.  "Mortgagee" shall mean the owner and the holder of any mortgage.

Section 14. "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 part of the Property, including contract sellers, but excluding those who have such interest merely as a security for the performance of an obligation.

Section 15. "Person" shall mean and refer to any natural person, corporation, partnership, association, trustee or other legal entity.

Section 16. "Property" shall mean and include the property described on survey entitled SUMMER WOOD, which plat is recorded in the ROD Office for Greenville County, South Carolina in Plat Book 48-1, at Page 23.

Section 17. "Reservation" shall mean the rights reserved by Declarant pursuant to the provisions of Article VII, Section 2(b).

Section 18. "Residence" shall mean and refer to a dwelling or place of residence constructed upon a lot within the Property and constituting all or part of a building.

ARTICLE II.

PROPERTY RIGHTS

 Section 1. Owners' 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, whether or not the same shall be referred to in any deed conveying title to any lot, subject to each of the following provisions:

(a) The right of the Association to limit the number of guests of members;

(b) 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. Any such deed or transfer shall be effective when duly filed with the ROD for Greenville County, South Carolina and executed by Declarant or the Association, as appropriate;

(c) The right of this Association, in accordance with its Articles and By-Laws, to borrow money, for the purpose of improving the limited Common Area and facilities;

(d) The right of the Association to suspend the voting rights of a member, or any person to whom he has delegated his voting right, for any period during which allY assessment against his lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations.

(e) The right of the Association to formulate, publish, and enforce rules and regulations provided in Article VII.

Section 2. Delegation of Use. Any Owner may delegate, in accordance with the By-Laws, his rights of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers, provided, every such delegee shall reside on the Property.

Section 3. Title to Common Area. The Declarant hereby covenants for itself, its successors and assigns, that it will convey fee simple title to the Common Areas when there shall be any such area(s) designated upon any recorded plat as is provided elsewhere herein, to these Declarations, free and clear of all liens and encumbrances, within a reasonable time following the time said plat shall have been recorded in Greenville County, South Carolina ROD Office, except for utility and drainage easements, easements to governmental authorities and such easements and/or rights-of-way as may be reserved or delineated by Declarant or any plats(s) of all or portions of the property. Any such area(s) as shall be designated Common Areas shall be for the sole and exclusive use and benefit of all Members, as long as such area is maintained in conformity with the requirements of this Declaration, and By-Laws, and the Articles ofIncorporation of the Association, at the sole expense of the Owners.

ARTICLE III.

MEMBERSHIP

Section 1. Every person who is record owner of a fee or undivided fee interest in any Lot which is subject by covenants or record to assessment by the Association, including contract sellers, but excluding persons who hold an interest merely as security for the performance of any obligations, shall be a Member of the Association Ownership of such interest shall be the sole qualification for such membership; and there shall by only one vote per residence in such Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. The Board of Directors may make reasonable rules regarding proof of ownership.

ARTICLE IV.

VOTING RIGHTS

 Section 1. Classes. The Association shall have the following two (2) classes of voting membership commencing with the filing of this Declaration of Covenant, Conditions and Restrictions.

 (a) Class A. All Owners, with the exception of Declarant, shall be Class A Members. Class A Members shall be entitled to one (1) 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 the Owners thereof determine, but in no event shall more than one (1) vote be cast with respect to any Lot, and no fractional vote may be cast with respect to any Lot.

(b) Class B. The Class B Member shall be the Declarant, and it shall have 71 votes, provided that the Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever first occurs:

(1) Upon the Declarant expressly transferring its rights hereunder;

(2) On the eighth (8th) anniversary of the date hereof.

 ARTICLE V.

COVENANTS FOR ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessment. The Declarant, for each Lot owned within the Property, hereby covenants, and every other owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association:

 (a) Annual assessments or changes;

 (b) Special assessments for capital improvements, and

 (c) Special assessments for construction and reconstruction of structures, if any, located upon the Common Areas, as hereinafter provided.

Such assessments shall be fixed, established, and collected from time to time as hereinafter provided.

 The annual and special assessments, together with interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land, and shall be a continuing lien upon the Lot and improvements 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 the Lot at the time when the assessment fell due. The personal obligation of an owner for delinquent assessment(s) shall not pass to his successors in title unless expressly assumed by them and then only with the consent of the Association.

 Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for promotion the recreation, health, safety and welfare of the residents in the Property; enforcing these covenants and the rules of the Association;improving and maintaining the Common Areas, including but not limited to storm water facilities; paying the ad valorem property taxes, if any, accrued against property owned by the Association, and any other governmental liens which may be assessed against such property; paying for premiums for all insurance policies the Association shall be required to keep in full force and effect; and providing the services and facilities for the purpose of and related to the use and enjoyment of the Commons Areas and facilities.

 Section 3. The amount of assessment shall be determined on an annual basis, by the Association, by majority vote of the owners attending the annual meeting of the Association. Criteria fbr establishing Annual Assessment the Board of Directors shall consider all current costs and expenses of the Association, any accrued debts, and reserves for future needs. Lots owned by a Licensed Builder. Notwithstanding anything in this Article VI to the contrary, any lot conveyed to a Builder licensed by the South Carolina Residential Home Builders Commission shall not be assessed any amount unless the residence constructed thereon become such builder's primary personal residence.

 Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in an assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the costs of construction, reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Areas, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (3/4) of the voles of each class of Members who are voting in person at a meeting duly called for this purpose, written notice of which, setting forth the purpose of the meeting, shall be sent to all members not than fifteen (15) days nor more than thirty (30) days in advance of the meeting.

Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than fifteen (15) days no more than thirty (30) days in advance of the meeting. At the first such meeting called, the presence of members entitled to cast fifty (50%) percent of all the votes of the 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 this subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. The subsequent meeting shall be held within sixty (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, on a per lot basis, and may be collected on a monthly basis.

Section 7. Date of Commencement of Annual Assessments, Due Date. The annual assessments provided for herein shall be paid in one single installment on the first day of March each year. The obligation for such shall commence as of the date of the conveyance of the legal title to said Lot by the Declarant to such purchaser, and shall be prorated according to the remaining months in the calendar year of the conveyance.

Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment or portion thereof which remains unpaid after April 1 sl of each year shall bear interest at the legal rate for judgments allowed by statute. The Association may bring an action against the owner personally obligated to pay same, or. file a mechanics lien against the property and foreclose same pursuant to statute, and, in either event, interest, costs and reasonable attorney's fee incurred for collection of said delinquent assessment shall be added to the amount of the delinquent assessment. The Association may also elect to suspend the voting rights of the owner of the Lot from which the assessn1ent is delinquent, and also may in addition thereto suspend the owner's use and enjoyment of the Common Areas. No owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the Common Areas or abandonment of his Lot.

Section 9. Subordination of the Lien to Mortgages. The lien of assessment provided for herein on any Lot shall be subordinate to the lien of any first mortgage on such Lot, Sale or transfer or any Lot shall not affect the assessment lien; foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to the payments which 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 VI.

SETBACK, LOCATION AND SIZE OF IMPROVEMENTS AND LOTS

Section 1. Setback Lines. No building shall be erected on any lot nearer to the front line than the building setback line as shown on the recorded plat, and any such building shall face toward the front line of the lot except that buildings to be constructed on corner lots may face either street or the intersection line. No residence shall be nearer to any side lot line than a distance equal to ten (10%) percent of the width of the lot measured at the building setback line. No detached garage or other outbuilding shall be nearer than seventy-five (75) feet from the front lot line nor nearer than five (5) feet from any side line or ten (10) feet from any rear lot line.

Section 2. Lot Size. No lot shall be recut except nothing herein contained shall be construed to prohibit the use of more than one lot or pOltions of one or more lots as a single residential unit.

 Section 3. Minimum Heated Floor Space: The minimum heated floor space within residential dwellings shall be as follows and shall apply to all lots in the subdivision:

(a) A 1,200 square foot minimum fro a one story dwelling;

 (b) A 1,500 square foot minimum for a two-story house or multi-level dwelling.

Section 4. Garage. All residences shall have a minimum of a one-car garage.

ARTICLE VII.

ARCHTECTUAL COMMITTEE

APPROVAL OF PLAN CHANGES

Section 1. Architectural Committee shall be composed of Randy Hanson and Mark Nyblom or' either one (I) may act for and bind the Committee.

Section 2. No improvements or buildings shall be erected, placed or altered on any lot or lots until and unless the building plans, specifications and plat plan showing the proposed type of construction, exterior design and location of such residence have been approved in writing as to conformity and harmony of external design and consistent with plans of existing residences or other builders, and as to the location of the structure with respect to topography and finished ground elevation, by the Architectural Committee.

Section 3. In order to prevent duplication of buildings or improvements to be constructed in this subdivision, the Committee is vested with full authority to approved or disapprove plans for the construction of any buildings or improvements as to be construed as a practical duplication thereof in the discretion of the Committee.

Section 4. In the event said Committee fails to approve or disapprove such designs and plans within 30 days after said plans have been submitted to it, or in any event, if no suit to el~oin the erection or alteration of such building or improvements had been commenced before such erection or alternation is substantially completed, such prior approval will not be required and this covenant will be deemed to have been fully complied with and no suit or claim will be available to said Committee, nor to any lot owner or other person. The terms "building or improvement" shall be deemed to include the erection, placement or alteration of any outbuilding, wall or fence to be made on any lot.

Section 5. The Committee is authorized to approve or ratify, in the construction or alteration of any building, minor violations of the requirements herein set forth under Section II, "Setbacks, Location and Size of Improvements and Lots" if, in the opinion of all members of the Committee, the same shall be necessary to prevent undue hardship because of topography, the shape or any platted lot or the setback lines as shown on the recorded plat, and if in the opinion of the members of the Committee such violations will cause no substantial injury to any other lot owner. The approval or ratification by the Committee in accordance with the paragraph shall be binding on all persons.

Section 6. All fencing erected on the lots herein above referred to shall be approved by the Committee in the same fashion as set out in paragraph III (4) of these covenants.

(a) The owner/owners of Lots Nos. ] and/or 71 Summer Wood Subdivision shall erect no fence nearer than ten (l0) feet from the existing white vinyl landscape fence along North McElhaney Road. The fence shall be wood and shall be six (6) feet in height;

 (b) In the event the owner/owners of Lots Nos. 1 and/or 71 Summer Wood Subdivision should erect a fence along their property line fronting on NOlih McElhaney Road, the fence shall be approved by the Architectural Committee as set out in Paragraph III (6) of the Restrictive Covenants.

(c) In addition to the foregoing the parties further agree that in the event the owner/owners of Lots Nos. 1 and/or 71 Summer Wood Subdivision should erect a fence along their property line fronting on North McElhaney Road, the owner/owners of said lots shall plant a hedge approved by the Architectural Committee, on the exterior of their privacy fence, and maintain same at a height of four (4) feet.

ARTICLE VIII.

USE RESTRICTIONS

 Section 1. Rules and Regulations. The Board of Directors of the Association shall have the power to formulate, publish, and enforce reasonable rules and regulations concerning the use and enjoyment of the Common Areas. Such rules and regulations, along with all policy resolutions and policy actions taken by the Board of Directors, shall be posted at the entrance to the Common Areas.

 Section 2. Use of Property. Each building, the residences therein, and the Common Areas and facilities shall be for the following uses and subject to the following restrictions, and, in addition, to those set forth in the By-Laws:

(a) All buildings and the Com.mon Areas shedl be used for residential and relative common purposes. Each Lot may not be subdivided and any building, as defined herein, shall only be used as a single family residence, and for no other purpose.

(b) No trailer, basement, tent, shack, garage, barn or other outbuilding erected upon any lot shall at any time be used as a residence, either temporarily or permanently. No structure of a temporary nature shall be used as a residence.

(b) Nothing shall be kept and no activity shall be carried on in any building or residence or on the Common Areas, which will increase the rate of insurance applicable to residential use, for the property or the contents thereof. No owner shall do or keep anything, nor cause or allow anything to be done or kept, in his residence or on the Common Areas which will result in the cancellation of insurance on any portion of the property, or the contents thereof, or which will be in violation of any law, ordinance, or regulation. No waste shall be committed on any portion ofthe Common Areas.

(c) No immoral, improper, offensive or unlawful use shall be made of the property, or any part thereof, and all valid laws, ordinances, and regulations of all governmental agencies having jurisdiction thereof shall be observed. All laws, orders, rules, regulations, or requirements of any governmental agency having jurisdiction thereof, relating to any pOltion of the property, shall be complied with, by and at the sale expense of the Owner or the Association, whichever shall have the obligation to maintain or repair such portion of the property.

 (d) Nothing shall be done in or to any residence or in, to, or upon any of the Common Areas which will impair the structural integrity or any building, residence or portion of the Common Areas or which would impair or alter the exterior of any building or portion thereof, except in the manner provided in this Declaration.

 (e) No industry, business, trade, occupation, or proCession or any kind, whether commercial or otherwise, shall be conducted, maintained, or permitted on any part of the propeIty, except that the Declarant or its agents or Licensed Builders may use any unsold residence or lease any such residence for sales or display purposes, to including conducting promotional campaigns, "Open House" programs and other sales/marketing events.

(f) No Owner shall display, or cause or allow to be displayed, to public view any sign, placard, poster, billboard, or identifying name or number upon any residence, building, or any portion of the Common Areas, except as may be allowed by the Association pursuant to it By-Laws, provided, however, that the Owner of any Lot, or his respective agents, may place "For Sale" or "For Rent" signs, not larger than 24 inches by 20 inches on any Lot.

 (g) No person shall undertake, cause, or allow any alteration or construction in or upon any portion of the Common Areas except at the direction or with the express written consent of the Association.

(h) The Commons Areas shall be used only for the purposes for which they are intended and reasonably suited, and which are incident to the use and occupancy of the residences, subject to any rules and regulations that may be adopted by the Association pursuant to the By-Laws.

(i) No house trailer, inoperable or unlicensed cars or trucks shall be placed on any lot, either temporarily or permanently. No boats, camping trailers, motor home or recreational vehicle shall be placed on any lot unless such is stored within a garage or behind the residence so as not to be visible from the front of the residence. No school buses or commercial vehicles shall be parked overnight upon the roads of this development or on any lot therein.

(j) All fuel oil tanks or containers shall be covered or buried underground consistent with normal safety precautions, and applicable governmental regulations.

 (k) No animals shall be kept, maintained or quartered on any lot except that cats, dogs, and caged birds may be kept in reasonable numbers as pets for the pleasure of the occupants. All pets shall be properly leased, caged and/or fenced at all times.

(l) No television satellite antenna discs over eighteen (18") inches shall be allowed on any lot, and all satellite antenna discs must be placed at the rear of any residence and shall not be visible from the street.

(m) No fencing of any type shall be allowed or erected that extends past the frontal line of any residence, and subject to Article VII(6)(a)-( c).

(n) No obnoxious or offensive activity shall be carried on upon the property, nor shall anything be done which may be or may become a nuisance or an annoyance to residents within the property.

(0) No above ground pools of any kind, except for children's plastic wading pools, shall be allowed on any lot in the subdivision.

 (p) No action shall be taken by any lot owner or the Association to negate the storm drainage facility usage of the pond situate in the Common Area.

(q) Each lot owner shaH be responsible for erosion control on his lot and the water quality of water originating on his lot pursuant to the approved plans of the Greenville Storm Water Management Agency.

ARTICLE IX.

EASEMENTS

Section 1. A perpetual non-exclusive easement is reserved over each side lot line 5 feet in width and 10 feet in width on each rear lot line for the installation, operation and maintenance of utilities and for drainage purposes. Such other easements across the lots as are shown on the recorded plat are also reserved. However, if one or more lots are combined, the drainage and utilities easements provided for herein shall be along the perimeter of such combined lot. A perpetual non-exclusive easement in favor of all Owners of Lots for their use and the use of their immediate families, guests and invitees, tenants or lessees for all property and normal purposes and for ingress and egress and regress to such Common Areas.

Section 2. All easements herein provided for shall include the right to cut trees, grade ditches, lay drain pipes or do such other things as may be reasonably required to provide for necessary drainage and utilities.

Section 3. The Committee is authorized to approve or ratify, in the construction or alteration of any building, minor encroachments upon the easements provided for herein or on the recorded plat if, in the opinion of all the members of the Committee, the same shall be necessary to prevent undue hardship because of topography, the shape of any platted lot or the setback lines as shown on the recorded plat, and jf in the opinion of the members of the Committee such violation will cause no substantial injury to any other lot owner. The approval or ratification by the Committee in accordance witll the paragraph shall be binding on all persons.

 ARTICLE X.

 MISCELLENOUS

Section 1. Nothing herein contained shall be construed to prevent the developers, or its successors or assigns, from maintaining temporary sales offices and storage on any lot while subdivision is in the process of being developed and/or residences being constructed therein. Such temporary sales office need not comply with the restrictions contained herein regarding floor size or type of constructions.

Section 2. The covenants herein contained are to run with the land and shall be binding on all persons cl.aims under them for a period of 25 years from the date these presents are recorded, at which time said covenants shall be automatically extended for sllccessive periods of 10 years unless by vote of the majority of the then owners of the lots, it is agreed to change said covenants and building restrictions in whole or part, however, the Board of Directors may amend this Declaration without the consent of the Owners, to correct any obvious error or inconsistency in drafting, typing or reproduction. All amendment shall be certified as an official act of the Association and shall forthwith be recorded in the ROD Office for Greenville County, South Carolina. All amendments shall become effective upon recordation.

Section 3. All refuse and garbage containers must be stored at the side or rear of each residence and placed at the curb only onthe morning of the designated day of pickup and removed from the curb the evening of the day of pick-up.

Section 4. In the event of any irreconcilable conflicts between this Declaration and the By-Laws of the Association, the provisions of this Declaration shall control. In the event of any irreconcilable conflict between this Declaration or the By-Laws ofthe Association and the Articles of Incorporation of the Association, the provisions of the Articles of Incorporation shall control.