BHOA Covenants

BRAELOCH SUBDIVISION 

AIKEN COUNTY, SOUTH CAROLINA PROTECTIVE COVENANTS 

OCTOBER 1, 1996 

(Includes covenant changes made August 9, 2002) (This is a reference copy. Recorded copies are available at the RMC Office)

BRAELOCH SUBDIVISION 

AIKEN COUNTY, SOUTH CAROLINA 

PROTECTIVE COVENANTS 

I PREFACE 

A. WHEREAS South Carolina National Bank as Trustee has developed, in conjunction with the  previous owners, Frederik B. Christensen and W. Dale Sandberg, a subdivision known as  Braeloch Subdivision in Aiken County, South Carolina, as shown on plats recorded in the  Office of the RMC of Aiken County, South Carolina, as follows: 

Phase I - Plat Book 19, pages 130-135 

Phase 2-A - Plat Book 22, pages 127-130 

Phase 2-B - Plat Book 23, pages 150 

Phase 2-C - Plat Book 24, pages 177 

have elected to dedicate the roads, as shown on the plat, to Aiken County and to impose upon  the lots certain restrictive and protective covenants as follows: 

B. These covenants are to run with the land and shall be binding on all parties, their heirs,  executors, administrators and assigns, and all persons claiming unto them until January 1,  2009, at which time said covenants shall be automatically extended for successive periods of  ten (10) years, unless by a vote of the majority of the then owners of the lots it is agreed to  change said covenants in the whole or in part. However if a two-thirds (2/3) majority of the  property owners at any time petition to modify the restrictions or make exceptions thereto, or  approve of same, it will not be a violation of the covenants herein, and the changes or  approval of exceptions, if any, will be put in writing and duly recorded in the county records. 

C. Should any owners, their heirs, executors, administrators or assigns violate or attempt to  violate any of the covenants herein, it shall be lawful for any other person or persons owning  real property situate in said development or subdivision to prosecute any proceedings at law  or in equity against the person or persons violating or attempting to violate any such  covenants. Provided, however, that no violation shall affect the validity of any mortgage lien  or record prior to such violation. 

D. The invalidation of any one or more paragraphs or portions of these restrictive covenants and  agreements by judgment or decree shall in no way affect any of the other provisions, which  shall remain in full force and effect. 

E. If the Owners or their heirs, assigns or successors in title shall violate any of the restrictive  covenants herein, any person owning real property situated in said development or  subdivision may institute any proceedings at law or in equity against the person or persons  violating or attempting to violate such covenants, either to prevent or enjoin such violation to  recover damages or other dues for such violation; provided, however, that a violation of such  covenants shall not constitute a forfeiture or reversion of title.

II BRAELOCH ASSOCIATION 

WHEREAS, Owners and Developers desire to insure a desirable community and to that end  Owners have created an Association known as Braeloch Association, Inc. (hereinafter the  Association), for the efficient preservation of values and amenities and assigning unto such  Association the rights, powers and duties of maintaining and administering the community  properties and amenities hereinafter described and administering and enforcing the terms and  conditions as set forth in this agreement and declaration; the members of the Association shall  have the respective rights, voting powers, privileges, duties and immunities as follows: 

A. All persons who are owners of a tract in Braeloch or any additions thereto are members,  provided that no person or corporation taking title as security for payment of money or for  the performance of any obligation shall thereby become entitled to membership, nor shall  ownership of any business, commercial, church or school property entitle the owner or  owners thereof to membership by reason of the ownership thereof. 

B. Ownership of property as a qualification for membership is defined as follows: Ownership  of any such property under recorded deed, whether the owner is an occupant or not, or  ownership under a bond for title or contract of purchase, if the same be accompanied by  actual occupancy of the lot in question. Ownership within the meaning and intention hereof  shall cease upon the sale of any such lot to another by the owner thereof. Sale of any such lot  within the meaning hereof shall mean, and shall be effective upon the recording of any deed  conveying such a lot to another, or the termination of occupancy of the property by the owner  thereof, accompanied by the giving by such owner to another of a bond for title or contract of  sale with respect to such lot. 

C. If a residential building tract shall be owned by more than one person, such ownership shall  constitute only one membership in the Association.. In the case of multiple ownership of one  lot, the use of the facilities of the Association by such multiple owners shall be limited to  those owners actually residing upon such building lot; or, where any such lot is unimproved,  to not more than one non-residential owner, and his or her spouse and children. 

D. A corporation owning one or more lots in Braeloch shall have one vote for each such lot  owned by such corporation, but no member, stockholder, director, employee or officer of  such corporation shall acquire thereby any right or rights individually to become members of  the Association. 

E. In all matters requiring a vote by the members of the Association, there shall be one vote per  lot. 

F. The rights which have vested or shall vest in the members of the Association shall be subject  to the following: 

1. The right of the Association, in accordance with its articles and bylaws, to borrow money  for the purpose of improving the Common Areas (described below) and in the aid thereof  mortgage said properties and the rights of such mortgages in said properties shall be  superior to the rights of the homeowners; and  

2. The right of the Association to take such steps as are reasonable; necessary to protect the  Common Areas (described below) against foreclosure; and

3. The right of the Association, as provided in its articles and bylaws, to suspend the rights  and privileges of any member for any period during which any assessment (to which his  interest is subject) remains unpaid, and for a period not to exceed thirty (30) days for an  infraction of its published rules and regulations; and 

4. The right of the Association to charge reasonable admission and other fees for the use of  any facility situated upon the common areas; and 

5. The right of the Association to dedicate, by way of deed or in any other legal manner  described, common properties to the general public for public use at any time after  Owners shall convey its interest therein to the Association. 

III COMMON AREAS 

A. WHEREAS, certain property shown and designated on the plat as Entrance Area and 2’  Buffer Strip has been conveyed by Owners unto the Association in order to provide an  attractive entrance way and a buffer zone with the adjoining land owner and certain  easements have been created for the benefit of property owners and inhabitants of Braeloch  who may be or become members of the Association, and 

B. WHEREAS, it is to the interest, benefit and advantage of Owners and the Association, and to  each and every person who shall hereafter purchase any tract in the within Braeloch that  satisfactory provisions be provided for the perpetual private care and maintenance of all  common areas, easements and signs erected or to be erected, and 

C. WHEREAS, it is to the interest, benefit and advantage of Owners and the Association and to  each and every person who shall hereafter purchase any tract within Braeloch, that certain  covenants governing and regulating the use, occupancy, operation, maintenance and  development and in addition certain reservations and servitudes, be imposed upon the  property acquired by the Association, as well as the tracts in Braeloch as owned by the  Owners and for sale to prospective purchasers to be established, set forth and declared to be  covenants running with the land; 

D. NOW, THEREFORE, for and in consideration of the premises and the benefits to be derived  by Owners, Braeloch Association, Inc. and each and every subsequent owner of property in  Braeloch, Owners do hereby set up, establish, promulgate and declare the following  covenants to be applicable to the common area deeded to the Association and to all tracts in  Braeloch as shown on the plat and any additions or amendments thereto, and to all persons  owning said tracts or any subsequent owner thereof, and to lands acquired or hereafter  acquired by the Association. 

1. Easements for riding/walking and utilities, clubhouses, community centers, swimming  pools, with or without appurtenant bathhouses, athletic facilities and recreation facilities  of any kind may be erected and maintained upon the premises being or to be hereafter  acquired by the Association. The property which has been or will be acquired shall be  used for an attractive entrance way and a buffer zone with adjoining owner and any  property later acquired by the Association, shall be used by the said Association for  similar purposes and for recreational, and/or park purposes and any associated uses for the sole benefit, pleasure and use of members and guests of members of the Association,  and subject to such regulations which may be prescribed by the Association as to guests  of such members, but not for any other purposes. The Association shall be responsible  for the perpetual private care of all such entrance ways, buffer zones, signs, clubhouses,  community centers, swimming pools, athletic and recreational facilities and for any  roads, utility easements and water and sewage systems erected or to be erected by said  Association. 

2. Owners may select property and the time which it may determine to convey such  property unto the Association. 

IV LOT RESTRICTIONS 

A. No portion of any lot shall be used for any commercial or industrial purposes, and no lot may  be subdivided into smaller lots but two or more adjacent lots may be combined to form the  site of a single dwelling. Upon the agreement of a majority of the Owners Association, two  adjoining lot owners may adjust their shared property line (s) to their own betterment as long  as the each lot still contains adequate road frontage, acceptable septic tank location, and  home building site. Adjoining lots may move adjoining lot lines slightly to each owners  betterment with the agreement of a majority of the owners Association so long as either lot  acreage is not reduced below 3 acres. 

B. Fences shall conform to the architectural concept to the subdivision as follows: 

1. All fences erected along property lines which abut roads or highways shall be of the  wooden rail type. 

2. No barbed wire type fence shall be allowed anywhere. 

C. Lot owners are responsible for insuring that all private wells, septic tanks, and domestic  sewage systems conform to all applicable state and local codes. 

D. No noxious or offensive activities shall be allowed on any lot nor shall anything be done  which is, or has a potential of becoming, an annoyance or nuisance to the residents of the  subdivision, and specifically including the following: 

1. No unsightly accumulation of trash, building materials, equipment, vehicles, etc.. on any  lot which is either clearly visible from or has an adverse impact on any other lot. 

2. No large vehicle such as school buses or trucks used for commercial or non-profit  purposes may be parked on any lot. 

3. There shall be no dumping of trash or garbage of any kind on the property. 4. Any cleared land must be landscaped or revegetated within one year so that no bare or  barren areas are left with the exception of vegetable gardens and paddocks for owner use. 

E. No clothes lines, drying racks, or other devices used for drying clothes shall be constructed  or maintained nearer a front street than the extension of the rear line of the residence building. No above ground fuel, water tanks, or dish antennae shall be permitted except at  the rear of the lot and must be screened so as to not be visible from the street. 

F. Nothing may be on permanent or temporary display without expressed written permission of  the Architectural Control Committee. 

V STRUCTURE RESTRICTIONS 

A. No lot shall have more than one single-family type residence building upon it with the  exception of an additional single guest cottage, nor shall any building exceed three (3)  stories, nor shall any tent, shack, trailer, camper, garage, barn, or other outbuilding, other  than a guest cottage, erected upon the property at any time be used as a residence, temporary  or permanent. Camper trailers, motorized camper trailers or boats utilized by the lot owners  for travel or recreational purposes may be parked on the lots so long as such is never used as  a residence, and a reasonable effort is made to screen such from being visible from the street  or adjoining lots. 

B. Each structure must comply with the following minimum setback requirements: 

1. Front setback as measured from the front property line shall be fifty (50) feet for all  structures. 

2. Rear setback as measured from the rear property line shall be forty (40) feet for the  residential building and thirty (30) feet for all other structures. 

3. Side setback as measured from the side property line shall be thirty (30) feet for the  residential building and twenty (20) feet for all other structures. 

4. Intersection setback for all corner lots shall be such that nothing shall be constructed,  planted, or allowed to grow in such a manner as to materially impede vision between a  height of three (3) and ten (10) feet above the centerline grades of the intersecting streets  in the area bounded by the street lines of such corner and a line joining points along said  street lines twenty (20) feet from the front of the intersection. It shall be the  responsibility of the individual property owner to ensure compliance. 

C. Each main residence shall have a minimum of 2000 square feet of heated living space. 

D. The exterior siding on any residence building should be either solid brick, brick veneer,  natural stone, stucco, B-graded siding, wood shingles or its equivalent. Use of aluminum or  vinyl siding or any other exception to the above must be approved by the Architectural  Control Committee. No residence consisting of exposed concrete block or sheet metal siding  shall be permitted. 

E. Stables may be erected on any lot and shall be maintained consistent with the regulations of  the South Carolina Board of Health and shall not constitute a nuisance or annoyance to other residents of the subdivision. 

VI EASEMENTS (EXCLUDING POND EASEMENTS)

A. In addition to the easements shown on the above-mentioned plats the following lot easements  are established: 

1. Front - Fifteen (15) feet for utilities and drainage. 

2. Rear - Twenty (20) feet for a pedestrian and horse-riding trail, fifteen (15) feet of which  shall be for utilities and drainage. 

3. Side - Ten (10) feet for utilities and drainage. 

B. The pedestrian and horse-riding trail which has been established around the perimeter of the  development as shown on the plat is intended for the exclusive use of the property owners,  their dependents and invited guests only. No wheeled vehicles, motor-powered or otherwise,  except as required for the handicapped, shall be allowed on these trails, except for necessary  maintenance. No obstruction shall be made on any portion of the trail that would interfere  with the use of the trail. 

C. If there is any conflict between easements set forth in these restrictions and those shown on  the plat, the easements shown on the plat shall control. 

VII ASSESSMENTS 

A. Owners and each purchaser of any tract in Braeloch by virtue of ownership of or the  acceptance of a deed therefor, will, whether or not it shall be expressed in any subject deed or  other conveyance, obligate himself or it and be deemed to covenant and agree to pay to the  Association, an annual assessment or charge to be fixed, established and collected from time  to time as hereinafter provided. Each payment of such annual assessment or charge, when  due, shall become a lien upon the tract against the account of the ownership of which such  assessment or charge is made. Each tract as shown by a recorded plat or plats, excluding  those owned by Owners for resale, is hereby made subject, and shall be made subject, to a  continuing lien to secure the payment of such installment of such assessment or charge when  due. 

1. Such annual assessment or charge shall be set annually by the Board of Directors of the  Association. The Board must receive the consent of two-thirds of the members of the  Association in order to raise the annual assessment from that of the previous year. (Covenant change dated August 9, 2002) 

2. The lien hereby reserved, however, shall be at all times subordinate to the lien of any  mortgages or lender of any sums secured by a properly recorded mortgage or deed to  secure debt, to the end and intent that the lien of any mortgages or deed to secure debt for  value and in good faith shall be paramount to the lien for maintenance charges imposed  herein, and provided further such subordination shall apply only to the charges that shall  become payable prior to the passing of title under foreclosure of mortgage or Acquisition  of the title by deed in favor of the holder of such mortgage in lieu of foreclosure and  nothing herein contained shall be held to affect the rights herein given to enforce the  collection of such charges accruing after sale under foreclosure of such mortgage, or after  Acquisition of title by deed in lieu of foreclosure by the holder of the same.

3. Under such circumstances, (I) the foreclosure of the lien created hereunder shall not  operate to affect or impair the priority of the mortgage upon the premises in question; and  (II) the foreclosure of any mortgage or the acceptance of a deed in lieu of foreclosure by  the holder of any such mortgage shall not operate to affect or impair the lien thereof,  except that the lien thereof for said charges or assessments as shall have been accrued up  to the effective date of such foreclosure or the acceptance of a deed in lieu of foreclosure  by the holder of any such mortgage, shall be subordinate to the title acquired by the  purchaser at any such foreclosure sale or acquired by the holder of any such mortgage by  taking a deed in lieu of foreclosure from the then owner of the property. Any such  acquisition of title as aforesaid shall be subject to all such assessments or charges,  however, that shall accrue subsequent to the effective date of the foreclosure deed or deed  given in lieu of foreclosure to the holder of any such mortgage. 

4. All assessments or charges above described shall be due and payable to the Association  on or before the first day of January of each year. 

B. The amounts so paid to the Association shall be administered by the Association and may be  used for the payment of expenses incurred for the following purposes: 

1 For the construction and maintenance of improvements upon the area designated as  Entrance Area and 2’ Buffer Strip upon the plats and upon any driveway, park or  playground areas which may be owned or hereafter acquired by deed or lease by the  Association; 

2 For lighting, cleaning, planting shrubs and other vegetation, and maintaining any such  areas and any easements as shown on the plat or hereafter acquired; 

3 Pay taxes or assessments, if any, which may be levied by any public authority upon such  areas or any improvements thereon, now or hereafter acquired; and 

4 Such other purposes as are set forth in the bylaws of the Association or as same may  hereafter be amended. 

VIII BOARD OF DIRECTORS 

A. The Board of Directors shall be elected by the members of the Association and shall appoint  officers and operate the Association as spelled out in the Articles of Incorporation and By laws. 

IX ARCHITECTURAL COMMITTEE 

A.. There shall be an Architectural Control Committee consisting of three (3) members and shall  be selected by the Owners and shall serve for a period of two years. beginning at the date the  plat is recorded. Upon expiration of the term of the original Architectural Control  Committee, the existing property owners (there being only one vote per lot) shall elect a new  three member Architectural Control Committee. The owners shall have the right to vote any  unsold lots in their possession in the subsequent elections. A similar election shall be held in  the same month every year thereafter, but if no election is held, the previous committee shall 

continue to serve until their successors are elected. A two-thirds (2/3) majority of the lot  owners, based on one vote per lot, may at any time force a new election of the Architectural  Control Committee after expiration of the term of the original committee. 

B. Prior to the construction of any residence, stable, out building, or other structure upon any  lot, the proposed facility shall be reviewed by the Architectural Control Committee to verify  its compliance with the aesthetic concepts and architectural/engineering standards of the  subdivision. The Architectural Control Committee shall communicate its approval or  disapproval, based on a majority of the appointed members, in writing and clearly note any  additional restrictions or conditions. Failure to approve or disapprove such plans,  specification or location within sixty (60) days after date of submittal for the purposes of  approval shall constitute conclusive evidence of approval. 

C. The Architectural Control Committee, during the course of its review of a proposed structure,  has the right to review any other factors or considerations which the committee decides are  relevant to each specific case and may require compliance to standards in excess of the  minimum standards outlined by these covenants or allow exceptions to the minimums. The  Architectural Control Committee shall not be held responsible for the structural design or  integrity of the building or code compliance. The Architectural Control Committee shall be  held harmless for any accountability, liability, or obligation for the approval or disapproval  of plans. 

D. The Architectural Control Committee shall, as a minimum, evaluate each proposed structure  against the following criteria: 

1. Conformance to the aesthetic and architectural standards desired for the Braeloch  subdivision. 

X ANIMALS 

A. Livestock will be limited to a maximum of six (6) horses, or 1 horse per acre, whichever is  greater. (Covenant change dated August 9, 2002) 

B. Dogs must be kept controlled, and not permitted to interfere with the pedestrian traffic and  horseback riding on subdivision roads or the perimeter trail. Pit Bull dogs are expressly  forbidden. 

C. Braeloch subdivision shall be considered a wildlife refuge. There shall be no animal hunting  within the perimeter of Braeloch. 

XI POND AND ACCESS AGREEMENT 

A. Certain lots or parcels within Braeloch Subdivision will have ponds or pond sites located  thereon (hereinafter pond lots), and certain of these lots will have ingress and egress  easements across them granting access to other lots (hereinafter easement lots), and in an  effort to guarantee the orderly development and management of the ponds, dams and  spillways located on the pond lots and the driveways and roads located on the ingress and  egress easements, certain requirements, restrictions and limitations are imposed on these  particular lots or parcels.

1. The pond lots and easement lots initially subject to this agreement are those certain lots  or parcels as shown on a plat of Braeloch Phase 2-A prepared by P. M. Hankinson, Jr.,  PE & LS and recorded in the records of Aiken County, South Carolina in Plat Book 22  pages 127-130 and designated as such. As additional phases of Braeloch Subdivision  were developed, pond lots and easement lots were designated in a document signed by  the owner and recorded in the records of Aiken County, South Carolina with reference  being made thereon to this agreement. If any lot in Braeloch Subdivision not designated  as a pond lot or easement lot later becomes such a lot, then the requirements, restrictions  and limitations set forth and imposed herein shall likewise apply to such lot. 

(a) Pond Lots: Nos. 22, 23, 24, 25, 26, 27, and 28; and 

1, 2, 4, 46, 47 and 48 

(b) Easement Lots: Nos. 22, 23, and 28; and 

46 and 47 

2. Lot owners may construct a lake or pond on their lot as long as the following conditions  are met: 

(a) The pond waterline corresponding to the level established by the emergency spillway,  the dam site, the normal and emergency spillway and the normal/emergency spillway  outlets to natural grade are all contained within the property lines of the individual  owner’s lot(s). 

(b) If 2(a) above cannot be met then adjacent lot owners may jointly construct the lake or  pond as long as all parties agree to be bound by the requirements of sections 2(c),  2(d) and 2(e) below. 

(c) Standard engineering design and construction practices must be followed. 

(d) All applicable county, state, and federal permits are obtained and requirements are  met. 

(e) The lot owner(s) upon whose lot(s) the pond or lake is located assumes full liability  for all aspects of construction and use of the facility including any damage which  might arise downstream due to failure of the retaining walls. 

(f) No lot owner shall construct any obstructions in the stream bed as shown on the plat  except to build a pond as set forth herein, said pond to have an installed spillway. 

(g) All ponds constructed in Braeloch Subdivision shall be constructed according to  generally accepted engineering standards and all applicable governmental permits and  requirements are to be obtained and complied with. All ponds shall have an installed  spillway. 

(h) The owner of a lot upon which a pond or a portion of a pond is located has the  exclusive right to the bank that joins his or her property.

 (i) A lot owner may build a dock or deck that extends into a pond located on his or her  property but said dock or deck shall not extend more than sixteen feet (16’) into the  pond without the written approval of the other owner or owners of the lot or lots upon  which the pond is located. If a pond is located on more than one lot in the  subdivision, the owners of the lots upon which the pond is situate shall follow the  recommendations of the local Soil Conservation Office or the appropriate  governmental agency that locally deals with the management of farm ponds in regard  to the proper species of fish to stock the pond an the parties agree to be jointly  responsible for the costs of stocking the pond. In addition, said owners shall not  abuse the pond or use traps or illegal means of fishing in the pond and agree to  maintain the pond according to generally accepted standards for this area. 

(j) If access to any lot in Braeloch Subdivision is provided by an ingress and egress  easement, the owner of such lot shall have the right to maintain and make repairs to  any road or driveway located within said easement, including repairs to any pond dam  located within said easement. If two or more lots are accessed by the same road or  driveway over a common easement, the owners of said lots shall be equally  responsible for the reasonable maintenance and upkeep of said road or driveway on  said easement. If the parties agree, the road or driveway in place can be upgraded or  otherwise improved. In addition, the owners of the lots served by the common road  or driveway may, with the approval of the Architectural Control Committee of  Braeloch Subdivision, landscape, put up fencing and otherwise improve and beautify  the easement area. 

(k) In the event that there is an ingress and egress easement providing access to any lot  within Braeloch Subdivision, the owner or owners of the subservient lot or lots shall  not place any obstruction in or over said easement, or commit any action that will  limit or impair access over said easement without the written approval of the owner  whose lot is served by said easement and any mortgagee who holds a mortgage on  said lot. 

(l) In the event that there is an ingress/egress easement to any lot within Braeloch  Subdivision that crosses a pond dam, the owner or owners of the lots where said dam  is located cannot alter said dam or place any obstruction on the dam or allow the dam  to deteriorate to the point that would materially limit or impair access over said  easement without the written approval of the lot owner whose lot is served by said  easement and any mortgagee who holds a mortgage on said lot. 

(m)If a pond is located on more than one lot, the owners of the lots upon which the pond  is located shall share equally in the costs of maintaining and repairing the pond dam  and spillway. 

3. In the event that there is a conflict between the requirements, restrictions and limitations  contained herein and those certain requirements, restrictions and limitations dealing with  pond construction and maintenance contained in the Protective Covenants of Braeloch  recorded in the records of Aiken County, South Carolina, then the requirements,  restrictions and limitations contained in this agreement shall control.

4. The owner or owners of any lot containing a pond, or any part thereof, on said lot shall  have access and use of the entire pond even though the property line may cut through the  pond. 

5. This agreement and the requirements, restrictions, covenants, conditions and limitations  contained herein are to run with the land and shall be binding on the present owners, the  future owners of the specified lots, their heirs, personal representatives, successors and  assigns, and all parties claiming under them.