DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASJMENTS FOR TEE COMMONS

oo0080783 B k n 0 2 9 1 5 PG.00265 THIS DECLARATION, made this a day of Sentember. 20Q by TANNER

EAST COMPANY, UC, a South Carolina limited l i t v wmvany. havine an office at

8 F r t WHEREAS, ~ecl-t is the owner of a certain pi&@!& ix M of land being delineated and shown on a plat entitled, "subdivison plat showing Tanner Plantation 'Phase I-& (The Commons) Tract E, a 15543 acre tract of land, ploperty of Tanner East Company, LLC., located in the City of Hanuahan, Berkeley County, South Carolina '' prepad by Trim Engineering Consultants, Jnc. dated September 5,2002 and recorded in the ROD Office for Berkeley County ('Flat") on -002 in Plat Book p at P a g e m and,

WHEREAS, Declarant intends to develop said pqmky and any other real property which it may henafter incorporate as additional phases of The Commons; and,

WHEREAS, Dslarant d e s k to p v i d e fm: (i) the ownership and maintenance of certain wmmon areas cmted and/or, established within the w&es of The Commons; and, (ii) the preservation of the values of the properties of The Commons; and, (Xi) the rendering of wmmunity savices; and, (iv) a vehicle for the adminishetion and the enfoment of certain w v ~ ~ a ~ t s and restrictions applicable to The Commons at the time Declarant transfers the wmmon areas to the The Commons Homeowners Assmiation, Incorporated; and,

WHEREAS, Declarant will cause to be incorporated, at or before the tamination andlor conclusion of the devclo~ment of The Commons. under the laws of the State of South Carolina a nonprofit w&ation, known as TI&, COMMONS AT TANNER PLANTATION H o G o W N E ~ ASSOCIATION, INC., f a the p q ~ ~ of di

the functions aforesaid and which are henlnaAer more fully set forth herewith; and, .

WHEREAS, Declarsnt declares that the wvmants contained herein shall be wvwants running with the land and shall qply to the lands described in the Plat and such additional lands owned by Declrnant as may be by incorporating this Declaration by sw&c reference. The Declarant reswes in each instance the W t to add additional &ctive wv-ts with respect to land owned by it and covered hereby and to limit the application to this Declaration to lands owned by it and subjected h e 4 0 in the fu&.

NOW, THEREFORE, M a r a n t declares that the real property described in the Plat be subjected to this Declaration, is, and shall be, held, traosfcmd, sold, wnveyed, given, donated, leascd, occupied and used subject to the cov~lsnis, restrictions, conditions, easements, charges, arges,essmmts, athrmMive obligations and liens (heRinafter some-times r e W to as the "Covenantsants) hereinafla set forth.

ARTICLE I DERNmONs

The following words and tams when used in this Dedaration or any supplemmtal declaration (unless the wntext shall clearly indicate othuwise) shall have the following

meanings:

(a) "Association" shall mean and refer to The Commons at Taaaer Plantation Homeowwrs Association, Inc., a South Carolina nonproiit Oorporation, its wrccessors and assigns.

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@) "Common Propetties" shall mean and refer to those tracts of land with any im~m~ements thereon which are deeded to the Association for the use and benefit of its ~&bers. The tenn "Common Ropnties" shall also include any personal property acquired by the Association if said property is designated as "Common Property." All Common Ropertics are to be devoted to and intended for the common use and mjoyment of the Ownas, Residents and their guests (to the extent pmitted by the Board of Directors of the Assc&tion) subject to fce schedules and operating guidelii.

(c) "Declarantn shall mean and refer to Tanner East Company, LLC as well as its successors and assigns, if the D t c l m t shall make and exprcs conveyance of its rights as developer hereunder to such SUOC~SSOT or assign.

(d) "Declaration" shall mean and refer to the Declaration of Covenants, Conditions, Restrictions and Easements of The Commons, as the same may be amendcd, renewed or extended fmm time to time in the manner provided herein, which shall be filed for.

(e) "The Commons" shall mean and refer to the Lots on the pmperly in Berkeley County, South Carolina, described in the Plat and the Common Propaties.

( f ) "Lot" shall mean and refu to those portions of the Properly upon which Declsrant has intended for construction of or has been constructed a Patio Home or Townhome for sale, use, and oecupsncy as a single-family residential dwelling in conformitywiththetermsofthisDeolarationasguchareshomonthePlafandwith . regard to Lots on the Additional Properly, on p h which will be fled of recard by Declarant at the appropriate time.

(g) "Member' shall mean and refer to all those Ownas who are members of the Association as defined in Article 3.

@) "Omer" shall mean and refer to the Owner (including Declarant) as shown by the real cstate recards in the Office of the Repister of Deeds ROD) of Berkelw Counhr. . . - - South Carolina, whether it be one or more &om, firms, associations, c o r p o k o ~ , or other legal entities, of fee simple title to any Lot located within The Commons but, notwithstanding my applicable thmry of a mortgage or deed to secure debt, shall not mean or refer to the mortgagee or holder of a deed to secure debt, its successors or assigns, unless and until such mortgagee or holder of a deed to secure debt has acquired title pursuant to f o r e c l ~ or by a proceeding or deed in lieu of foreclomm; nor shall the tenn "Owner" mean or refer to any lessee or tenant of an Owner. In the event that there is recarded in the Office of the Register of Deeds of Enkcley County. South Carolina, a long-term conaact of sale cov& any Lot, the h e r of such Lot shall nmain the Omer until fee sim~k title to the Lot has bem lmdemd to the vulthaser. A long-term contract of sale sh& be one in which (i) the purchaser is &d to make payments for the Lot for a period extending beyond nine (9) months from the date of the contract, (ii) the prtrcbaser does not m i v e M e to the propetty until such paymcdi are made and (iii) the pu~chaser is given the use of said property.

(i) "Ropertr," unless the context shall otherwise require, shall mean and refer to that tract or paml of land described in the Plat, t o e with all improvements thereon.

000080783 Bk;O2915 PG1002.57 6) 'Resident'' shall mean and refg to each Owner and Tmant of a Lot and Patio

Home Townhouse together with the m e m h of his family living in such Patio Home or Townhouse.

Q "Tamt" shall mean and refa to the lessee under a written sgreement for the rcnt of a Lot and Patio Home or Townhouse in The Commom.

(I) "Patio Home", 'Townhouse" or "Family Dwelling Unit" shall mean and refer to the improvements constructed on each Lot

(m) "Master Associalion" shall mean and nfer to Tanner Plantation Uastcr -ation of which all lots in the Commoos Subdivision are held, sold and conveyed subject to.

NOTWITHSTANDING THE ESTABLISHMENT OF PATIO HOMES OR TOWNHOMES OF THE COMMONS HOMEOWNERS ASSOCIATION, INC. AND THE SUBMISSION OF THE PROPERTY TO THE TERMS AND CONDITIONS OF THIS DECLARATION OF COVENANIS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR THE COMMONS IS NOT A CONDOMINIUM AS DEFINED IN THE HORlZONTAL PROPERTY ACT,CODE OF LAWS OF SOUTH CAROLINA, 1976 SECTION 27-31-10, FT SEQ.

ARTICLE 11 PLAN OF DEVELOPMENT

1. ElaD of Dwplooment of PrppEdy. The property shall be developed as a Patio Homd Townhow community and the k h t shall develop and conshua Patio Homes &.or Townhomes as singlofamily residential dwellings & conformity with the terms of this Dalaratiou Thc Ropcay shall also include paved parking areas, drives, roads, utility systems, and other improvements or easements serving the Lots. The Lots shall be d c t e d exclusively to single-family residential w in accordance with the provisions of this Declaration. Declarant shall have the right, but not the ~bligation, for so long as Declarant owns any Lot primarily for the purpose of sale, to make improvements and changes to all Common A m s and to all Lots owned by Declarant (other than h g e s to the location of the boundaries of the Lots), including, without , limitation, (i) addition to and realignment of @hg spaces, (ii) installation of any utility systems and facilities, (hi installation of seourity and refuse facilities, and (iv) work related to the exteriors and roofs of Patio Homes.

ARnCLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION

1. -. Every pason who is the record owner of a fee or undivided fee in- in any Lot that is subject to this Declaration shall be deemed to have a membership in the Association. Membership shall be appurtmant to and may not be s e ~ d from ownershin of anv Lot and ownershin of a Lot shall be the sole qkica t ion for such m&lms& Thc k o i n g is not ihtenaed to include mortgageax or any other pmsoos who hold M IIShtemt imlj as seomity for the -of an oblieation and the a i v h of a d h , inurrst shall not terminate or o thuwk a&n an M-~IJS membasl~; in-& ~ssociatibn. ~ o t w i t h a d n g any of the foregoing to thc

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contrary, no Owner, regardless of whether title to a Lot is vested in more than one Owner, shall have more than one membership or one vote per Lot.

2. m. Thc Association shall have two classts of voting membership: 000080783 Bk:02915 PG.00268

Classk Class A Members shall be all Owners 0 t h thanthe Decl~nant C k s A Members shall be entitled to one (1) vote for esch Lot owmd When more than one person holds an interest in any Lot, i s u c h persons shall be Members. IhevoteforsuchLotshallbeexcrcisedastheyamongtbemselvesdetnmioe,butinw eventshallmrethanone(1)votcbecastwithrespecttoanyLot Thehersshallfile

the S e x m y of the Association an instrument in writing signed by all such Ormus Mgnating one Owner (or in the case of a corpadtion, one of its officers) to cast the vote which is attributable to such Lot

Class 8. The Class B Member shall be the Declarant and shall be entitled to two (2) votes for each Lot it o w as shorn on the Plat. The Class B membership shall cease and be wnvated to Class A mcmbQship on the happening of either of the following events, whichever occurs earlier:

(a) the sale to the Owners of Seventy-Five (75%) Percent of the Lots; or

@) when Declarant elects by notice to Assooiation in writing to terminstc its Class B membaship.

3. -. The Association shall be governed by a Board of D i r s coosisting of five (5) Members. Subject to the provisions of M c l e III, W o n 6, the election of the Bb& of Directors &all be by tie Membm as provided 6 the By-Laws as set forth in Exhibit A, a copy which is attached hereto and incorporated herein by refacncc

4. OuOnun AfornAction at ReRermlar or S- pfthe Assooiation. The fist time a meeting of the membm of the Associion is called to vote on aparlicular action proposed to be sen by the Association, the pmmw at the meeting of Members or proxies entitled to cast fifty percmt (50%) of the total vote of the membership shall constitute a quorum. In the event the required quorum is not p-t at any such meeting, a second meeting may be called, subject to the giving of pmper notice, and the presence of twenty-6ve pmcnt (25%) of the total vote of the membership shall wnstitnte a quorum for such second weting. Any such second meeting must be held within sixty (60) days of the 6rst m&g when the required quorum was not present Unlw othcnrise provided, any reference h& to "votes cast at a duly called m e w shall be construed to be subject to the quorum rrquirements for such 'duly calla meetins" which may be established by the B&WS of the Associion. For the DWWX of this d o n ' D ~ W notice" shall be deemed to be . - - given to each ember &t i;ss than ten (10) days normore than thirty (30) days prior to the date of the meeting at which any pmposed action is to be considered.

5. m. All Members of the Association may vote and tlaosact business at any meeting of the Association by proxy authorized in writing.

6.- N O T W I T H S T A N D I N G A N Y O T H E R LANGUAGE OR PROV~SEN TO THE CONTRARY IN THIS DECLARATION, IN THE ARTICLES OF INCORPORAnON. OR IN THE BY-LAYS OF THE ASSOCIATION, Declsrant bereby retains theright to reduce the number of Directors on

the Board of Directors of the Association, to appoint and remove any Member or Members of the Board of Directon of the Association and any officer or offieem of the Assooiation until such time as the fint of the following events shall have ocamed: (i) the expiration of ten (10) years iium the date of the Rcording of this Deciaration or (ii) the sunender of sucb right by Dcelarant evidennd by an express amemhat hereto recorded in the public records of Berkeley County, South Carolina Eveq grantee of any interest in the PmRopaty, by scoeptance of a deed or other conveyance of such interest, agras that Declarant shall have the authority to reduce the number of Directors on the Board of Diin of the Association, to appoint and remove dit.ectors and offieem of the Association in accordance with the foregoing. Upon the expiration of the period of Dedarads right to appoint and remove directom and o f f i m of the Association, such right shall automatically pass to the Owners, including Declarant if Declarant then owns one or more Lots, and a spedal meeting of the Assoc-don shall be called at such time. At such special mgting-the Owners shall el& a new Board of Dirators which shall undettake the rrswnsibilities of the Board of Directors. and Dcclarant shall deliver all bwks, accounts; and records, if any, which Ikclackt has kept onuntsbchalf of the Association and any agreements or conl?acts executed by or on behalf of the Association during sucb period and which Declarant has in its possession. Nohuitbstand'i the provisions of this Section, Declamaf at D e c l d s sole option, may hold the election of the new Board of Diin by d i m ballot of the Owners. Dec lmt shall prepam a ballot which shall include those nominations provided by the Ormers, and delivg to each Owner a ballot Each Owner shall be responsible for mking the ballot and rehming it to the Declarant, who will tabulate the ballots and report the nsults to the Owners, at which time the Board of Directors shall be deemed elected. Any management contract or any o t k contract or lease executed by or on behalf of the Association during the period of Declarant's right to control the Association shall be subject to cancellation and termination at any time during the twelve (12) months next immediately following the expiration of such period of Dcelmt's control by the aEmmive vote of the Owners to whom a majority of the votes in the Association appertain, unless the Ownem by a like majority shall have expressly ratified and approved the same.

ARTICLEIV FUNCTIONS OF ASSOCIATION

I. Qmershio and ProCommon~m~atics. The Association shall be authoriPd to own and maintain the Common Pmpaties. The Association shall pay any ad valorcm taxea on the Common Pmpedes. Each 0wmr shall be mponsible forthe payment of all ad valorem taxes on his Lot and Patio Home. The Association shall have the authority to promulgate and enfmce rules and regulations rrgarding The Commons, and fine Members for violations of the rules and regulafions, which fines, ifunpaid, shall become a continuing lien on the Lot, and the right, in accordaace with its Articles and By- Laws, to b m w m o w for the ~u~posc of irnDmvin(l the Common Pmuerties and facilities thercon; howe&, no pot&of the conkon ~ropertiea may be rniagsged or wnveyed without the coasent of two thirds (20) of the Class A Members; and

2. Services. The Association shall be required to provide the following savices:

(a) Repair, replacement and maintenance of the Common Pmpemes and all

improvements lmted thaeon. 000080783 Bkr02915 PGZ00270

@) Taking any and all actions neassary to eufonr all covenants and restrictions affecting The Commons and to petfonu all of the fmctions and duties delegated to the Association in any coveamts or d c t i o n s applicable to The Commons.

(c) Providing ahmtmh . .

've services, including, but not limited to, legal, accounting and &mci& and wnununication services informinrr Ormas of activities and giv&mphd notic& incident to c;nrying out the iimctions ofthe Association.

(d) Review of and approval or disapproval of plans and specifications for (i) work to any Patio Home or (ii) Lsndscaping on any Lot, all as provided for in the Declaration.

(e) MaiDtenance of Liability insurance for the Association in such mounts as shall be determined by the Board of DiRctom to protect the Association against claims for which the Baard of Directom determine should be covered, including, without limitation, insurance for the oftims and dimtom in d o n with their mmagement of the Association.

(0 Enforce the obligation of each Owner to maintain and keep in good repair the exterior of such Owner's Patio Home@), Tormhome(s) and such Owner's Lot (s). . . . .

(g) Maintenance of the Common Propetis. @) Collection on any payment of all sssessnents due from each lot owner under

the Msstn Assockition. (i) Replacement of roofs when such d for replacement results from normal

wear and tear due to aging. (j) Maintenance and upkeep of the landscaping in the h n t and side yard of each

Lot. (k) To pwhase hazard insurance covaing the improvements located on the

Common Propetties and any items of personal property which are apart of the Common Propeaies.

3. Dk&mp Saviccs The Association shall be authorized, but not required, to provide the f o l l o ~ services:

(a) Provide police prokction and security to The Commons including, the employment of police and security guards.

@) The &ces necewty or desirable in the j-t of the Board of Direct018 of the Association to carry out the Association's obligations and busiiss under the terms of this document

(c) Provide garbage and trash collection to each Patio Home with The Commons.

4. . . . The Association shall be obligated to carry

out those services specified in Section 2 of this Article, but shall not be obligated to carry out or offer any of the hmaions and services specified in Section 3 of this Article. The functions and services listed in Section 3 to be carried out or off& by the Assodation at any particular time shall be dctennincd by the Board of D i m of the Assaciation taking into considemtion the funds available to the Association and the needs of the Members of the Association. The hctions and services which the Association is authorized to carry out or to provide may be added to or reduced or may be changed in nuhue (i.e., form &quid to disaai& or vice versa) at any time up& the &innative vote of a sirnule maioritv of the votion rid@ of those volin~ at a dulv held meeting of Members to&kxhtd the consent o~~&la r sn t , so long as- Dec& owns a Lot primarily for the purpose of sale or has the unexpired option to add the Additional Property, or any pottion theof, to the Development.

5. -. The Board of Duep.tors of the Association shall have the power and authority to borrow funds for the benefit of the Associion in

perfomring its authorized functions and to vledae the remw of the Association as - - -~e~urity for such loaos.

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PROPERTY RIGHTS

l.l&&&zsmofEni Subject to the provisions of these wvenants the rules and regdatious established 6um time to time by the Association, and any fees or chages established by the Association, evuy Owner, Resident and Tenant shall have an ea~emmt of ingr over all p a d portions of the Common Ropedes and of use and enjoyment in and to the Common Properties and such eascmcnt shall be qpmmnt to and shall pass w% the title of cvcry Lot , Patio Home, d o r Townhome.

2. Title hcutiq. Dechaut shall wnvey to the Association, at no wst to the -ation, by Kited wananty deed, tbat real property designated as Common Roperties on the final, mrded plat of The Commons. Such wnveyance shall be subject to all mattm of recod Upon such wnvcyance, the Association shall immediately become mponsible for all maintensllce of such Common Properties.

3. )&at of Owner's Easemegf The easements of ingress, egress, use and e n i o m crented herebv shall be subiect to the followioe: - -

(a) The right of tde Association to suspend the &ts and easements of use of any Owner, resident or tenant of any lot for any period during which the paymmt of any assessment made by the Association against such Lot remains delimquent, and for any period not to e x d sixty (60) days for any infraotion of its published rules and regulations, it b e i i understood that any Juspcnsion for either non-payment of any assessment or a breach of the rules and regulations of the Association shall not wnstitute a waiver or discharge of the obligation to pay the ~ssegment

@) The right of the Association by action of its Board of Diratots to dedicate or tmn& to any public or private utility, or municipality any gart of the Common Propaties.

(c) The rights and carcments of the Association set forth in Section 4, Mow. (d) The rights and eas+ments of the D c c W set forth in Section 5, below. (e) The right of the Association to pant easements and to dedicate or trsnsfer fee

simple title to all or any part of the Common Properties, including leasehold interests, to any ~ublic or nivate wncem for such mss and subject to such wnditions as may be ag& to by the Association; provided& no such d&cation or traosfer of fee &ple title shall be effective unless~authorized by the afknatiw vote of a simple majorityof the votes cast at a dulv d e d meet& of the Association and bv Declarant so 1- as Declarant owns any primarily for Fhc purpose of sale or hasihe unexpired opti& to add the Additional Ropefty or any portion there4 and unless mitten notice of the meeting and of the proposed agreement and action thereunder is sent to every Membcr of the Association at least thirty (30) days prior to such meeting. A true wpy of such resolution, together with a certificate of the rcsulb of the vote tskm thacoa shall be made by the President or Vice Resident and attested by the Secretary or Assistant Secretary of the Association and such certificate t o@h with a certificate. executed by Declarant, if such wnsent is rrqrtirod, shall be annexed to any instrummi of dedication or transfer a&ctiag the Common Properties pria to the mrding thereof. Such certificates shall be c0~:lusive evidence of authorization by the membership.

4. Easrmcnts for ,%&&~&Thes shall be a general right and casement for the benefit of the Association, its dirretorJ, officers, agents and employees, including, but

0000=07%3 Sk:02915 FG'00272 not limited to, any managrr employed by the Association, to enter upon the Properly (but not inside a Patio Home) or any portion thereof in the pedormancc of their respective duties which specifically includes the right to maintain and upkeep the lands cap in^ in the fmnt and side rard of each Lot Excat in the event of e m d ~ this easement is to be exercised ohy during normal b& horn and thw-whtne;er practicable, only upon advance mtice to and with permission of the owner or Occupant of the Lot, Patio Home, Townhcme or otha stntcnrre or improvement d i i y affected theby. In that connection, the Board of D i r s has the power to grant and accept easements upon, over, under, and across all of the Gammon Areas for ingress, egnss, installing, replacii, repairing, and Ilmmmmg . . . mantd television antenna systems, xenity and similar systems, and all utilities, including, but not limited to, stom sewers and electrical, gas, telephone, wata and swa lines and lan- provided, however, that for so Long as Deelarant owns any Lot primarily for the purpose of sale or has the unexpired option to add the Additional Properly or any portion thereof to the Development, the Board of D i must obtain the written consent of Declarant prior to granting and accepting any such easements. In addition, the Board of Directors ban the power to grant and accept such easements upon, ova, under, and across all of the Common Properties as may be reasonably mcesvlry or desirable for the improvement of any portion of the Propmy; provided, however, that for so long as Declaraot owns any Lot pdnmily for the

of sale or has the unexpired option add the Additional &per& or any pottion thereof to the Develomnmt. the B o d of DinctoA must obtain the written consent of ~ e c l ~ r a n t prior to &ting.and accepting any such easements. BY vittue of any such easement, it shall be expressly permissible for the providing utility company or other supplier or se~ccr to erect and mintah u p n the Properly the mcessary poles and other nacssary equipmnt

5. - (a) Construction. Ihuing the period that Dcclarant omrs any Lot prLnarily

for the purpose of sale or owns any interest in any portion of the Additional Property, whether or not a p& of the development, Declarant and its ddy authorized representative, agents, and employees shall have a transferable right and easement on, over, through, under and across the Common Properties for the purpose of c o ~ c t i n g Patio Homes andlor Townhomes on the Lots and msking such other improvements to the Property as am contemplated by this Declaration and to the Additional Property as Declinanf in its sole discretion, desins, including, without limitation, any improvements or changes permated and described by Article IV heroof, and for the purposes of btalhg, wlacing, and maimaining all Patio Homes, Tomhomes and other improvements within the development, as well as utilities servicing the properly or the Additional Property or any portion thereof, and for the purpose of doing all things reasonably necessary and proper in connection therewith, pmvided in no event sball Declarant have the obligation to do any of the foregoing.

(b) Sales Office. Notwithstanding any provisions or reshictions herein on the contrary, Declaraut and its duly authorized agents, representatives, and employees shall have an easement forthe mainhawe of signs, a sales office, a conskuction office, a business ofice, and model Patio Homes on the Property, together with such other facilities as in the sole opinion of DecLarant may be reasonably required. convenient, or ' incidental to the completion, impmvemcnt, and sale of Lots or the Additional Property, for so long as Declarant owns any Lot primarily for the purpose of sale or has the unexpired option to add the Additional Property or any portion thereof to the Development.

6. Leass Any Anycase agreement between an Owner and Tenant for the lcase of such h n ' s residence on its Lot sbaU provide that the terms of the lease shall be

subject in all respa to the provisions of the hlaration, the Aeticls of lncmporation and By-Laws of the Association, and any ds and regulations promulgated by the Association. The lease shall also provide that iXhm to comply with the t~ms of such documents shall be default under the terms of the lease. AU leases of Lots shall bc in writing and a copy of the exeatted lease must be pmvided to the B o d

ARTICLE VI COVENANTS FOR ASSESSMENTS

I . Qeationof the Lien andpeaPnal Oblipations of- Except as set fortb elsewhere in the Declaration. Ddarant oovmants and each Owner of any Lot, whether or not it shall be so explessed in any such deed or other conveyance, shall be dgmedtowvmantandagrectoallthetamsandprovisionsofthisDeclaratiwandto pay to the Association: (1) regular annual assessments or charges; and (2) special asscssmm*l or charges for the purposes set foah in this Article. Regular annual ass*rsments and special assessments me to be fixed, established and wlleeted 6um time to time as hereinafter provided. The regular annual BSSCSSment and special assesrmrents together with such intenst thereon and costs of collection thenfor, including m u a b l e attorney fas as h e r e i i provided, shall be a charge and continuing lien on the Lot and Patio Home andlor Townhome ttrerron against which each such assessment is made. Each such assessment, togetha with messed interest thereon and all costs of collection, as hereinafter provided, shall also be the pemnat obligation of the Owner of such Lot at thc time whm the assessment lint bccoms due and payable. In the case of coownership of a Lot, all of such coomers shall be iointlv and severally l i l e for the entire amount of the a.&ssment. No Owner may waivcor o k esc& liability for the assessments provided for herein by non-use of Common Pmpeaies or abandonment of his Lot and Patio Home.

2 . D a t e o f e n t ofAnnual-. The annual assessments provided for bmin shall commence upon the date of purchase of the Lot and Patio Home or Townhome by the Owna. The tirst annual assessment shall be adiustcd according to the number ofbermonths then rrmaining in that fiscsl year. ~eci-t shall notbe responsible for assessmm on Lots owned by Declarant. At Declarant's option, lots owned by Pslmcttos Tradiational Homes, LLC or other builders wbich anr not occupied as residences may not be nsponsible for sssessments.

At least thirty (30) days in advance of each annual ~sseosment period, the Board shall 6x the amount of the annual assessment and promptly thneafler the Board shall cawe written notice thereof to be scat to every Owner subject thereto. In the event the Board shall fail to 6x the mount of annual assessment as described sbove, the sssessment fixed for the immediately preceding year shall continue in eaEct until a new B S S C S S ~ ~ ~ ~ amount is 6xed. The due dates shall be established by the B o d

3. Pumose Annual Assessmeor Thc regular annual assessments shall be levied by the Board of Dimtors of the Association, shall be payable monthly and shall be used exclusively for the improvement, maintenance, repair and enhancement of the Common Ropeaiw, and, to provide the r e q u i d scniees as set farth in Article IV, Section 2 hereof and to pmvide so many of the dimeb'onary setvices set forth in Article N, Section 3 as thc Board of Directors may elect to provide, and payment of the Master kssociation BSSCSSments.

000080783 Bk30ZY13 Fu=uuL'-

4.- /a: M Y . In addition to the annual regular assessments

authorized by Section 3 h d , the B o d of D i t o r s of the Association may levy special assessments against Lots for the following purposes to the extent any regular annual ass*isment is iudicient:

(a) Repair or replacement of any paved areas located on the Common Ropertie. (b) Repair, replacement and maintenance of the walls and Landsseping on the

Common Pmprrties. (c) To provide for the necessary facilities and equipmad to ofb the services

authorid herein; (d) To repay any loan made to the Association to enable it to perform the duties

and funciions authorized herein. (e) Replacement of the mofs of each Patio Home andlor Townhome constructed

on a lot. Before any special is levied by the Association, it mu% receive the

assent of a simple majority of the votes cast at a duly held meeting of the Association. In mailing out the notice of such meeting, the Association shall include in the ~ t i c e one statement from those Directom favoring the special ~ssessment and one statement from the Directors opposing the special assessment (if any), containing the reasons for those Directors' support and opposition for the assessment Neithcr statcmcnt shall exceed two (2) pages in length.

In the event any h e r shall fail to f&U hidherfi obligations rmda Article VI hmof, and the Association shall !%If111 any of such obligations for such Ormcr, the Association shall be entitled to specially asstss such Owner, without the requirement of a vote, for all wstp i n c h by the Association in performing such service.

5. m. The Association may establish reserve funds h m its regular annual assessments to be held in reserve io an interest-bearing account or investments as a reserve for (a) major rehabilitation, major repairs, or major maintenaace', and (b) for emergency and other repairs required as a result of storm, f l o 4 wind, natural disaster or other casualty loss.

6. Cntificatc The Association shall upon demand at any time fiunish to any Owms liable for any m a r or special assessmat, a certificate in writing signed by an officer of the -ation, setting forth whether such ~ssessmeni hss been paid. Sucb d c a t c shall be conclusive cvidena auaimi all but the h e r of mvmcnt - - - of any assessment therein stated to have bcen paid.

7. Effect of N o o - o a D . . T h e e s of Association If the regular annual assessment or any special -

~geggment is not paid by an h e r on or be& its past-due date, then such &asment shall become delinquent, shall bear h s t from the past due date until paid at the ratc of the learn of (i) f i b mrent (15%) Der annum, or (3 the hiahcst ratc armitted by law. and shall aukma t id i and &&lY (tog&'& in& &n as &vided h d and all wstp of collection, including attaney's fee) become a charge and continuing lien on the Lot, Patio Home, andlor Townhome against which cach such d e l i i t Bgeggmmt is made, in the hands of the then Owner, his heirs, devisees, pasonal representatives, Tmanf ~ucoessors and wigm.

If the assessmmt k not paid within thhty (30) days after the pastdue date, the Association may, at its election. bring an action to foreclose its lien on the properly or bring an action at law against the h e r personally. If a delinquent assesmat is put in the hands of an attorney-at-law for collection, there shall bc sdded to the amount of such assessment all costs of collection, including, but not limited to, fifteen percent (15%) of

the amount of the delinquent amssment and and inintmst thereon as reasonable attorney's fees. No owner may waive or otherwise escape Liability for the assessment provided heRin by non-we of the Common Area or ahandonmglt of his Lot nor shall darnage to or desbnction of any improvements on any Lot by fire or other casualty result in any abatcment or diminution of the sssessmmts provided for herein. Mofigagas shall not be ~ t o c 0 ~ e c t ~ U I t s . QoooS0783 sk.02915 PG300275

. . 8. T h e l i e n o f t h e BSSCSSIICI~U provided for herein shall be subordinate to the lien of any first mortgage. Sale or transk of any Lot shalI not affect the assessment lien or liens provided for in the

section. However. the sale or transfer of any Lot which is subiect to any such 'first mortgage, pursuant to a foreclosure thaeof or a& proceeding in lie; of fo&losure theraf, shall extinguish the lien of such assessments as to the paymmt thereof which becomes due prior to such sale or transfer. No such sale or transfer shall relieve such Lot 6um liability for any amssments tfrcrrafter becoming due or from the lien theraf, but the liens pmvided for herein shall continue to be subordinate to the Lien of any iirst mortgage.

9. *.The president, tnasurer or such other offiea as may have custody of the funds of the A s s a i m shall annuaUy, within ninety (90) days after the close of the fiscal year of the Assoo'ion, prepare and e x e m Mder oath a general itemized statement showing the actual assets and liabilities of the Association at the close of such fiscal year, and a statement of revenues, costs and expenses. It shall be naessary to set out in the statement the name of any creditor of the h soc i i on , provided, ho-, that this requinment WI be construed to apply only to creditors of more than $250.00. Such officu shall furnish to each Member proof the Association who may request in miting, a copy of such statement within thirty (30) days after receipt of such request. Such copy may be furnished to the Member either in person or by mail.

10. &mual Budget The Board of Directors shall prepan and make available to and Members, at least sixty (60) days prior to the first day of each fiscal year, a budget outlining anticipated receipts and expenm for the upcoming fiscal year. The Financial Books of the Association shall be available for inspection by all Memben at all reasonable times.

11. Uniform AU AU& made u n k this Declmtion shall be eaual amom Lots excent for those Lois owned by the D t c l m f and at the d o n of the goose lots eked by Palmetto ~raditional Homes, LLC or other ~uilders that are not occupied as midencs.

12. Assessment for i n order to insure that the Associitioo will have suflicicnt rcsmc funds to replacs the roofa of the Patio Homes and Townhomes located on the Lots, areserve fuDd will be established purmant to Article VI, Section 5. 'Ibe fundinn of the m e shall be mvided by the Owners whereby a portion - of the regular annual asseasmat shall, whi&>ttion shall be determined by iheBoard, be deposited and held in reserve until such time as the roofs need rrpIsc'hg.

13. Exemnt F'mmly. AU propaty dedicated to, and a,ccqted by, a local public authority and all propaties owned by a cbaritable or non-profit organization exempt from taxation by the laws of thc State of South Camlina shall be exempt from the ~ssessmertts mated he&. AU pmperty owned by the DecLuant, at the ~ccl&s election, shall be exempt for the assfilsments created herein. At the Declarant's election, Lots owned by

--

Palmetto Traditional Homes, LLC or 0 t h liansed builders (provided such lots rue not being oecupied as residences) shall be excmpt from annual ~sses~jmcnts until sold. Otherwise, no land or improvements devoted to dwelling use shall be exempt Prom said BSSSSmcnts. 000080783 B k . 0 2 9 1 5 PGsOO27&

14. Q&&ation Of- . . Upon acquisition of record title to a Lot by the

first Owna otha than Declarant or palme& ~raditional H o w , LLC or otha builders (movided such builda owed Lots SIC not tcine occu~icd as residences). a contribution &dl be made by or on behalf of the pnrchaspsto-the &rking capital oft& in an amount equal to one-fourlh of the annual sssessment in affect during the year the closing of the Lot occurs. This amount shall be in addition to, not in lies of, the annual assessment and shall not be consided an advance payment of such BSSCSSmCnt. This amountsballbedbytheAssoeiationforuseincovaiogopaatiagexpmsesandotha expeases incuucd by the Association pursuant to this Declaratioa

ARTICLE W ARCHITECTURAL CONTROL

1. -. Chsapes and A- No building, fence, wall or other struaure or planting or landscaping (ilnding, but not limited to, the removing, planting or placing of W s , shrubbery, bushes, grass or ground cover, or the wnstruotion, installation, location or rcmoval of walls, fences, fountains, bid baths, pools, ponds, streams, gardem, decks, or patios) shall be commenced, created or maintained upon any Lot, nor shall any exterior addition to or cbange or alteration thenin including without l i t a t i on any plantings or landxape be made until the plans and specifications showing the nattue, kind, shape, color, height, matgials and location of the same shall have bccn submitted to and approved in writing as to harmony of extemal design and location in relation to surmundiag strucnues and topography by the Board, or at Declarant's option, an architectural committee composed of thm (3) or more ~ t a t i v e s appointed by the Declarant ( h m ' i = f e d to as the "Arehitectud Contml Committee"). Provided that nothing herein contained shall be c o d to permit interfaenoe with the develo~ment of the Prouerties by the Dedmnt so lonn as said develoummt follows the

plan of &velo&~ent of the Roperties previ&ly approved & the appropriate governmental entity.

2. Pmcedur*l. (a) Any person desiring to makc any improvement, alteration or change

dcsaibcd in S & ~ I above shall submit tbc plans and specifications therefor, showkg the naturc kind. sham. heiaht. mterials and location of the same. to the Board or the

&koi commit& wttich shall evaluate such plansand specifications in light of the purpose of this Article.

@) Upon approval by the Archkmd Contml Committee of any plans and specifications submitted pursuant to this Declaration, copy of such plans and specifications, as approved, shall be deposited for penmmt record with the Architectural Control Committee and a copy of such plans and specifications bearing such approval, in writing, shall be retuned to the applicant submitting the same. Approval for use in connection with any Lot of any plans and specifications shall not be darned a waiver of the Architechd Control Committee's right, in its discretion, to disapprove similar plans and specifications of any of the featuns or elrmmh, srr subsequently submitted for use in d o n with any other Lot Approval of such plans and specifications relating to any Lot, however, dull be final as to that Lot and slach approval may not be reviewed or rescinded tbacafhr, provided that there has been

adherence to, and compliance with, such plans and specifications, as v d , and an conditions aaachcd to any such @oso783 sk n 029 I ~ P G 9 00&

(c) Neitba Declarant, nor the Association, nor any other memk of the Architectural Control Committee, shall be responsible or liable in any way for any defects in any plans or specifications approved by the ArcbitechxnI Control Committee, nor fa any structural d e b in any wwk done according to such plans and spccitications mxoved by the Architectural Control Committee. FUR- NEITHER . . DE&, NOR ANY MEMBER OF rn A R ~ ~ T E - CONTROL COMMITTEE SHALL BE LIABLE IN DAMAGES TO ANYONE BY REASON OF MISTAKE IN JUDGMENT. NEGLIGENCE. MISFEASANCE. MALFEASANCE OR NONFEASANCE ARISING OUT OF OR M CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS OR THE EXERCISE OF ANY OTHER POWER OR RIGHT OF TEE ARcmTECPURAL CONTROL COMMITFEE PROVIDED FOR IN THIS DECLARATION. EVERY PERSON WHO SUBMITS PLANS AND SPECIFICATIONS TO THE ARCHITECNRAL CONTROL COMMITTEE FOR APPROVAL AGREES, BY SUBMISSION OF SUCH PLAN AND SPECIFICATIONS, AND EVERY OWNER OF ANY LOT AGREES, TEAT HE WILL NOT BRING ANY ACIlON OR SUIT AGAINST DECLARANT, ASSOCIATION. ITS BOARD MEMBER OR OFFICERS. OR Am MEMBER OF THE ARCHITE~XURAL CONTROL COMMITTEE, TO RECOVER ANY SUCFI DAMAGES, AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAIMS. DEMANDS AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTI.ON WITH Am LAW WHICH PROVIDES TEAT A GENERAC RELEASE DOES NOT EXTEND TO CLAIMS, DEMANDS AND CAUSES OF AClTON NOT KNOWN AT THE TIME THE RELEASE IS GIVEN.

(d) During mtnretioa, any employee or agent of the Arehitectlnal Control Committee may, a f f e r reasonable notice, at any m n a b l e time, enter upon any Lot and struchnr thereon for the purpose of sscetaining compliance with the pmvisions of this Declaration, and neither the A ~ ~ b i t e d d Control Committee, nor any suchagent shall be deemed to have commiacd a trrspsss or other m g I i ~ I act by reason of such entry or inspcaion.

3. w. If any structure shall be ereded, placed, msintained or altered upon any Lot, other

than in aceordance with plans and specifications approved by the Arcbitectlnal Control Committee pumulnt to the provisions of this Article, such d o n , plncuncnt, maintenance or alteration shall be deemed to have ban uwhtaken in violation of this Article. If, in the opinion of the Lkclarant, a the Board of Dinctors of the Assooiation upon mommendation of the Architechual Control Committee, such violation shall have occumd the Board of Directors shall mvide writtm notice to the Owner of sucb Lot bv eeaificd.mail, setting forth the nahnr i f the violation and the specific action requid & remedy the violation. Any such requirrd remedial action shall be Mosistent with guidelines then msintained by the Arehitecmd Contml Committee. If the Owna shall not have taken reasonable steps toward the requid remedial action within thirty (30) days after the mailing of the aforesaid mtice of violation, then the Board of Directors of the Association shall have the right to p d at law or in cqnity for the recovery of damages, or for injunctive =lief, or both.

ARTICLE Vm USE RESTRICTIONS

I.-. The primary purpose of this Declaration and the foremost wnsideration in the origin of same has been the creation of a fee simple patio home and townhome development which is aesthetically pleasing and functionally wnvenient

. . 00008078? B k C 0 2 9 1 5 P G . 0 0 2 7 8 2. -. Each Lot and the Paho Home or Townhome constructed

t h m n shall be uned for residential purposes exclusively. No business or c o d activity of any naOm shall be mainteined in any Patio Home or Townhome, including by way of illustration and not by way of limitation, telcphom answaiog services, manufaaunr's -tatives, interim decoration services and such 0 t h activities as do not directlywnstitute orneoessitatethetraDsfczofgoodsornmchaadise6mm, inor about a Patio Home or Townhome. However, until such time as Declarant has sold all of the Lots in The Commons, it may use any Patio Home or Townhome which it owas an a model unit or as a sales office.

3. Permiaed Stwturea No structure shall be d e d , placed or pamittcd to remain on any Lot other than the following:

(a) One single-family Patio Home or Townhome to be used as a dwelling. (b) Landscaping structures of the type wmpatible with the Patio Homes and

Townhomes built in The Commons including, but not limited to, garden walls, walks, fences driveways and parking arras.

4. -. If trees or shrubbery located on such portion of a Lot should die, the Association shall be responsible for its removal (unless the Owner shall havc insurance proceeds available for suoh mnoval, in which event the Orma shall be e b l e for its removal), but the Owner shall, at his e v , nplace dead bees or shrubbery with reasonably similar trees or shrubbery; pmvidaI, however, that any such replacements may be of a lessa age. The Associaton shall be responsible fa the maintenance and upkeep of the landscaping in the h n t and side yard of each Lot.

5. m. No radio or television i 'on or nception towas, antennas, satellite dishes or disks shall be mtsd on anv strudwe or within the -within the

eigiteei (18") inches in diameter may be installed on Lots pmvided they &adequately scnmed h m the streets and adjoining Lots.

6. .. . Obi& Located Outside of &ti0 Home or --

Townhome No Owncr shall install or permit to be installed window or roof-top air wnditioninn units or similar machines a obi- outside of the h d s Patio Home or ~ormhome-or wbich protrude through the &Us, windows or roof of a Patio Home 01 Tovmhome.

1. 7. -. Except for the rights given Declarant under the Declaration, no s i p , advertisements, or notices shall be & exhibited, maintained, insaibed, pajnted or atfixed on any portion of a Lot or on any Patio Home a Townhome by anyone includi& but not l i to, an Orma, a realtor, a wntraotor, or subcontractor, ex- with the prior written consent of the Association or except as may be required by legal proceedings. If sllch w m t is granted, the Association shall bave the right to restrict the size, color and wntcnt of such signs. Residential pmpcrly identification and like signs not exceeding a combined total of more tfian one (1) squarc foot may be exhibited and

maintained without the mitten consent of the Association Likewise, one sipp of not more that five (5) square feet advertidng a Lot for sale may be exhibited or maintained during the period for which it is for sale without the consent of the Assoc'1ation.

000080783 Bk.02915 PG'QO279

8. -No outside burning of wood, leaves, trash, garbage or othm fuse shallbepermiacdonanyLot.

9. &.Except as in this section pmitkd, no animals, fivestock or poultry of any kind shall be kcpt, raised or bred on any Lot: provide4 however, that an Owner may be permitted to keep no more than two (2) n o d household pas (i.e., dogs or cats) on his Lot. In the event that pas an kept on a Lot, such pets shall not be kept, maintained or bred for any commercial purposes and must be secured by a leash or l d at any time they are penniacd outside a Patio Home or Townhome. In no event shall an Owner . . mamtam on a Lot aoy pet wbicb causes dislreas to other Owners by barking, howling, vhining, biting, watching or damaging

10. P o Outbuddmns or T e m m m S- . . No mobile home, tent, barn, shed, pet pen, pet house, above ground pool, basketMl goal, or other similm outbuilding or structure shall be DW on any Lot at anv time. either t m o o r d ~ or umnanentl~. No

11. -of Vehick. No vehicle of any type (including, but not limited to, boats, trailers, tnrcks, buses, motor homes, reaeational vehicles, motor scooters, go carts, motor bikes and campas) other than conventional automobiles and pickvp a k s not used for commercial use, shall be parked or maintained on any Lot except as the Association shall permit in an area specially dsipakd for such purpose. None of the aforesaid vehicles shall be parked or stored overnight on the streets or other Lots located in The Commons, nor shall they be used as a living area wbile located on the Ropcay wr shall any of the aforesaid vehicles be Rpaired or &ced on any portion of the propcay. Each Lot shall be entitled to no less than two (2) assigned pking spaces.

12. -dv cAx&ms . . . . The pursuit of hobbies or

other activities which mi& lead to disorderly, unsightly or unkept conditions shall not be .. - . pursued or undettaken &any Lot

13. -OtheraEach Owner shall be responsible for and shall regulate the ocnmancy and use of such Ownds Lot and Patio Home or Townhome so as to not &&bly disturb other residents of T6e Commons or to interfere unreawnably with the oeace and eniovment of the other Lots. Patio Homes and Townhomes bv the Ownem &f. No nodo& or offensive activity shall be csrried on upon any iot nor shall anytbing be done on a lot wbicb creates an annoyance or nuisance to the Owners or residents within 'Ihc Commons. No Owner shall allow any dimding noises on such Ownds Lot to interfere with the rights, comforis or c o n d a c a of 0 t h ownenr No Owmr shall pnmit any musical instrument to be played or any phonograph, television, radio or other sound-making equipment to be operated on such Owner's Lot at a volume which disturbs or annoys other residents of Tbe Commons.

14. NoportionofaLotshallbeusedormaintainedasa dumping gmund for rubbish, m h or garbage. Trash, garbage or other waste shall be '

stored only temporarily awaiting pickup and must be kept in adequate sanitary containem. AU equipment for the storage or disposal of !m&, garbage a other waste shall be kcpt in a clean and sanitary condition

15. Iaterior Wmdow Co* AU interior window wverings or treatments as viewed from the exterior shall be w l h or off-wbite in color. No bed she&, towels, newspaper or any 0 t h pmdnct not specilically designed for window treatment application shall be used for taopowy or pnmsaart interior window coverings or !s%mmm

000080783 B k n 0 2 9 1 5 PG.00280

16. -.No mailbox shall bc mctd or installed on any Lot unless the Owner shall have &ved prior written approval from the Declarant as to the -gn, style and location of the mailbox

17. -. Tras which have a diameter in excess of six (6") inches measured huo (27 feet above around level and distinctive flora shall not be intendonallv dessmyd or r&bved except with the prior written approval of the Architfftural &&I Commie of the laudscape plan. Garbage caas and equipment shall be sueemd to conceal them from view of neighborins Lots and stfee&. Swings& may be installed on the Lots only &I receiving the prior Written approval of the Architechual Control Commime. No clotheslines shsll be permitted on the Lots.

18. w. All fences must be approved pursuant to Article W, S d o n 1 prior to installation. Chain link fences arp & allowed

ARTICLE LX INSURANCE AND RECONSTRUCTION

1. W s Must Provide p. Each Owner shall, at his own expense, insure his Patio Home or Townhome and all other insurable hrovements on his Lot in an amount not less lhan the then current maximum insurable la cement value thereof. Such coverage shall afford p m t d o n against loss or damage by firc and other hazards wvered by the srandard extended coverage endorsements and suchoth~risksasfromtimctotimecustamsrilyshsllbecoveredwithrrspctto building8 similar in mnstnrction, location and use, n,~ lud t ig , but not limited to, vandeliism, malicious mischief, windstorm and wata damage.

2. Reconstruction and To-. Ifany Patio Home or Tomhome shall be damaged by casualty, the Owner of such Patio Home or Townhome shall promptly rewnstn~ct or npair it so as to restore such Patio Home or Townhome nearly as possible to its condition prior to suffering the damage. All such nconstruction and repair work shall be done in accordan- with plans and spccilicatioos thupfor, approved by the Aswiation. Encroachments upon or in favor of Patio Homes, Townhomes or Lo& which may be necessary for or created as a result of such rewnstruction or repair, shall not wnstitnte a claim or basis of a proceeding or d o n by the Owner on whose Patio Home, Townhome or Lot such enaoachment exists, provided that such reconstruction or repair is dam substantially in accadance with the plans and speciiications a m v e d by the Association or as the buildinn was orininally wnshucted. A numba of patio H- or Townhomcs conshucted on the Lo& q&r from the exterior to have a common perty wall with the Patio Home@) or Townhomcs wn&mted on contiguous Lots. However, all Patio Homes or Townhomes have been conshucted with separate extcrior stud walls where there appears to be a paay walt The boundary line between thcsc Lots runs dong the air space bmuecn any such Patio Homes or Townhomes. This air space has been c o d e d on the exterior by wvning it with facie

boards which an common to both Patio Homes or Townhomes lXe exterior of the two walls on eitha side of this small air space are unfinished so that if one of the Patio Homes or Townhomes is destroyed and not rebuilt, an unsightly condition will exist Theref04 if a structure is destroyed in whole or in part, and the Owner thereof elects not to rebuild, such Owna shall be responsible for the cost of hkhhg the exterior of those walls on contiguous Patio Homes or Townhomcs which are mhishd and which are nrposedtovinvssthcrcdtofsuchdestnrctioelXefinishplaeedontheseexterior walls shall be subject to the approval of the ~1~ and shall be wmpstible with the finish of the other visible d o r walls of the shudue. In addition, the Owner of the damaged or destroyed struchnr shall be responsible for the cost of immediately weatherproofing the expsed mhishd walls of contiguous Patio Homes or Tomhomes, if neecssary.

000080783 Bk.02915 P G . 0 0 2 8 1

3 . ~ N o t t o ~ ~ An Owner shall not be required to mnstruct a damaged Patio Home or Townhome only if 80% or more of the Patio Homes or Townhomes in The Commons an rmdered uninhabitable by such damage.

ARTICLE X MARGENANCE

1. v. Unless spec.Ifically identified herein as being the responsibility of the Assmiation, all maintenance and rcpaiI of a Lot, togetha with all po&ons of the Patio Home or Townhome, and other improvements thereon shall be the resnansibilif, of the Owner of such Lot. The rcsoonsibilih, of each Owner shall include t h i aaintenanCe, rrpair, and replacement o l si& exterior doors, fixtures, equipment, and qqliances (indudin& without Sitation, the heating and air conditioning system fix his Patio Home or Townhame) and all chutes, flues, ducts, conduits. wires, pipes, phunbing or other apparatuJ which an deemed to be a part of his Lot. The rrsponsibiity of the OwDer shall also include the maintenance, rcpaiI, and replacement of all glass, lights and light fixtures (exterior and interior), awnings, window boxes, window sgeens, and all screens or ghs-endosed porches, balconies, or decks which are a part of the Patio Home or Townhamc. Each owncr shall maintain his roof in a good state of repair except as provided for in Article IV, Section 2.

In addition, each Owna shall be responsl'ble for replacing his roof as such need is caused by a hazard which is normally covered under the Owner's hazard insurance or provided for in this DeJaration. Each Owner shall maintain and keep the exterior and mounds of his Patio Home or Townhame in mad. neat clem and Janitary condition and - such responsibility shall include the main& and care of all law&, e, shrubs, hedges, grass, and other landscaping contained within such Lots other than those rrsponsibilitics of the Asnociation as set forth in Article IV, Section 2. Each Owner shall also be oblipted to pay for the casts i n c d by the Association fm repairing, . .. replacing, nmmamq, or cleaning any portion of the Lot or Patio Home which is the responsibility of the Ownu, but which respom'bility such Owner fails or refuses to discharge; the Assooiation may specially w s s the Owner for any amounts cxpclded by the Association to d i i the responsibility of the Owner d e w hercln. In the event of any such assespdllcnt as herein provided and the mn-payment by the Owner within 30 days a&r notice and demand from the Association, the Association shall have the rights set forth in Article VI, Section 7 hereof.

ARTICLE XI MASTER ASSOClAnON

In addition to the covmants and easement contained herein all properties

described herein shall be held, sold and conveyed subject to the Covenants, Conditions and Restrictions for Tanner Plantation Master Association dated May 29, 2001 and recorded in the RMC OBb at Betkeley County in Book 2281 at Page 5, as they may be amended.

000080783 6k.02915 PG=00282

ARTlCLE XU GENERAL PROVISlONS

1.- If any portion of a Patio Home or Townhome now cmoaches upon any otha Patio Home, Townhome or Lot as a result of Ule conshuaion of the buildings, or if my such maoachment shall occur bmafto as a. d t of di or shiftina of the buildinas. there shall exisl a valid easement for thsc encroachments -and for the-&hta~ana of-&e so long as the buildings stad

2. Enforcanmth the event of a violation or breach of any of the reseictiom contained herdn by any Owner or agent of such Owns, the OwrreR of Lots in The Commons, or any of them, jointly or severally, shall have the right to proceed at law or in equity to compel compliance with the tams hereof and to prevent the violation or brraoh of any such covenant in addition to the foregoing, Declarant or the Association shall have the right, wherever there shall have ban built or put in place on any Lot in Thc Commons any shuctlnr or landscaping in violation of these res~ctions, to enter upon such Lot when such violation exists and d y abate or m o v e thc same at the expenses of the o w if, after (30) days written notia of such violation, it shall not have been c o d by the Owner. Any such entry and abatement or mova l shall not be deemed a tnspass. The failure to e n f m any rights, mfmationq nstriaions, a conditions contained in this Declarstion, regardless of bow long sucb failure shall continue, shall w t constitute a waiver of or a bar to such right to enforce.

3. -of The D e c l ~ ~ ~ n t hereby reserves unto itself, its successors and assigns, a e, alienable and releasable easement and right on, over and under the ground to encf maintain and usc e l d c service, community television antenna, and telephone poles, wires, cables, conduits, drainage ways, sewas, water mains, sprinkler systems, and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water, storm drainage or other public conveniences or utilities on, in or over those portions of such Propaty as may be reasonably required for utility line purposes; provided, howvet, that no such utility easement shall be applicable to any portion of such Property as may (a) have been used prior to the iostallation of such utilities for costaction of a building; or (b) such portion of the Property as may be designated as the site for a patio home. These c~scmcnts and rights expressly include the right to cut any tneS bushes and shrubbery, make any gradings of the soil, or to take any other similar d o n reasonably neassary to provide economical and safe utilii W a t i o n and to maintain reasonable standds of health, safely and appearance. The Dec lmt further reserves thc right to locate wells, pumping stations, siltation E m s , retention and detention ponds, and tanks within Thc Commons in any open spaa or on any portion of the Ropaty designated for such use on the applicable plat of said Property, or to locate same uponany portion of the Ropcrty. Such rights may be exercised by a licensee of the Dcclarant, but this wewalion shall not be consided an obligation of the Declarant to provide or maintain any such utility or service. Following the installation of any utility apparatus a other improvement on any portion of the Ropaty pursuant to the provisions of this paragraph, tbe h l a r a n t shall m o r e such portions of the Propaty as warly as is reasonably possible to its condition

immediately prior to such installation.

The Association shall have the power and authority to grant and establish upon, over and across the Common Area such additional easemmts as ~IX necessary or desirable for the providing of service m utilitic-s to the Common Area or Lots.

000080783 BkE02915 P G S 0 0 2 8 3 4. M. The covenants and restrictiom of this Declaration shall run with

and bind the laud, and shall inun to the benefit of and be mforasble by the Association, the Declaraut or any Owner, their respective legai lepresentatives, heirs, smxsom, and assigns, for a period of Fmnty (20) years h m the date this Declaration is mrded Upon the expiration of said twenty (20) ycar paiod, this Declaration shall be automatically mewd and extended for SUDCeSSive ten (10) year periods. The number of ten (10) yea^ renewal paiods hereunder shall be unlimited and this Declaration shall be automatically rmewed and extmded upon the expiration of each ten (10) year renewal period for an additional ten (10) ycar period; provided, however, that t h e shall be IIO renewal or cxtmsion of this Dalaration if. during thc last war of the initlel tvimtv (20)

thirds (2Drds) of the vot*l cast at a duly held meeting of tbe Association vote in favor of t aminhp: this Declaration at the md of its thn currcnt term and all h o l h of first priority deeds to xcun deht of any Owner or successor to such Owner ~msmt in writing to the termination of this Declaration. It shall be required that written notice of any meeting at which such a proposal to terminate this Declaration is to be considered, smiogforthtbefactthatsuchaproposalwill beconsidered,shallbegiveucachMemher atleasttbirty(3O)days inadwofsaidmeeting.IntheeventthattheMembasofthe Association vote to terminate this Declaration, the president and secretary of the Association shall execute a certificate which shall set forth the resolution of tamination adopted by the Association, the date of the meeting of the Association at which such resolution was adopted, the date that notice of such &ting was given, the total number of votes of Members of the Aswciion. the total number of votes llesuindto constitute a quonun at a meeting of the Association, the number of votes n&sary to adopt a resolution termiasting lhis Declaration, the total number of votes cast in favm of such resolution, and the total number of votes cast against such resolution. Said certificate shall be d e d in the Ollie of the Register of Deeds (ROD) for Berkeley County, South Carolina, sad may be d ied upon for the comctness of the fslls contained therein as they relate to the termination of this Declaration

5. -. Declarant specifically reserves the right tb a d this Declaration. or any portion hereof, on itsnvn motion without the &nsent of any other Ownm subied to the consent of the United States DeDrotment of Housh and Urbao Developm&t, if applicabIe, for so long as Declarant o&s at least one ( l j h t in Thc Commons. In all othcr instances, the p d u e for amendment shall be as follows: AU proposed amtndments shall be submitted to a vote of the Members at a duly called meetjog of the Association and any such moposed amendment shall he deemd amroved if f~o-~thirds (2/3rds) of the vot& wi a( sueh meeting vote in favor of such &posed amendment subicct to the consent of the United States Deoltrtment of Housh and Urban Development, $applicable. Notice shall be given cach Member at least thL;y (30) days prior to the date of the meeting at which such proposed amendment is to be considered. If sny pmposed amendment to this Declaration is approved by the Members as set forth above, the president and secntary of the Association shall execute an addendum to this Declaration which shall set forth the amendmcnt, the effective date of the amendment (which in no event shall be prior to the date on which such addendum is recorded in the Office of the Register of Deeds (ROD) for Berkeley County, South Cam- the date of

the meeting of the Association at which such amendment was adopted, the date that notice of such meeting was given, the total number of votes of Members of the Association, the total number of votes requid to Constitute a quorum at a meeting of the Membas, the total n u m k of votes necessary to adopt the amendment, the total number of vottg cast in favor of the amendment, and the total number of votes cast against the d e n t . Such addendum shall he mrded in the Office of the Register of Deeds (ROD) for Berkeley Couoty, South Carolina Notwithstanding any provision herein to the wntmry, this Declaration shall not be amended +out the express wrinen wnsent of h l a r an t until Declarant's rights ununda Article I& S d o n 6 have expired

000080783 Bk:02915 PG:00284

6.- Any notice required to he sent to any Member uedathe provisions of the Declaration shall be deemed to have heen properly s a t and notice thereby given w k n personally delivered a when mailed, with the proper postage &xed, to the address appearing on the Associon's Membership List. Notice to one of two or more co-ownen or co-tenaots of %Lot shall wnstirute notice to all co- o m . It shall be the obligation of every Member to immediately notify the secretary of the Association, in witin& of any ohaoge of address. Any p m n who becomes a Member following the first day in the calendar month in which said notice is mailed, shall be deemed to have heen givcn notice if notice was given to his predecessor in title.

. . 7. m. Should any wvmant or restriction Win contained, or any aiiicle, section, subsection, sentence, clause, phrase or tcnn of this declaration be declared to be void, invalii illegal or unenforceable, for any rtason, by the sdjudication of any Court or other h i b d having jurisdiction over the parties hereto and the subject matter hereof, such judgment shall in no wise affect the other provisions thereof which are hereby declared to be smrable and which shall remain in full force and effect.

8. The Board of Directors of the Associion shall have the rinht to determine all auestioos arisii in wnnection with this Declaration of Covmmis & Restrictions and to construe and- intcrpn( its provisions, and its determinatioq ~nsrmction or intapretation, shall be final and binding. In all cases, the provisions of this Declaration shall be given that interpraation or wnstnrction that will bcst tend toward the wnsummation of the g d plan ofthis DecWon.

9. AuthorizedActiar. AU actions which the Association is allowed or required to take undm this instrument and all aoumvsls or dimmovals which the Association is . authorized to make shall be authori;dactions of t h c I L S h t i o n only if approved by the majority of Memhe~~ of the Board of D h t o t s of the Association present at a duly held meeting of such Board of Directors, unlcss the tmns of this Declaration pmvide othewise.

10. v. In wnnection with all reviews, acceptances, inspections, permissions, EollSents or required approvals by or h m the Association contemplated under this Declaration, neither Declmt MI the Association, nor any dinctor or 05cer thcreoc shall be liable to an Owner or to any othe~ pcrsw on acc-nmt of any claim, liabilii, damage or expense sufferad or incurred by or thrratcned agaiost an Owaer or such other person and arising out of or in any way relating to the subject matter of any such reviews, acceptanas, hspdons , permissions, wnsents or required approvals, whether given, granted or withheld.

. . . . 11. -. In the evmt that this Declaration be declared

02715 P G i O 2 S to be void, invalid, illegal, or u6&@@%%% w, or m such a s ~ g d ? d manner that the Association is not able to function substantialv as wntcm~lated bv the terms hereof, for any reason, by the adjudication of any Cog or other tribmal having jurisdiction over the parties hereto and the subject matter hemf, or if the Members of the Association should vote not to renew and extend this Declaration as pmvided for in Axticle WII, Section 1, all of the Common Propaties owned by the Association at such time shall be imdmcd to a Trustee appointed by the Masker-In-Equity for W e l e y

for the use and bmefit of Owners within The Commons as set fonh below: (a) Each Lot shall be subiect to an annual assessment which shall be mid bv the

Owner bf sueh Lot to the T&. The amount of such annual assessment k d aod due date shall be determined solely by the Trustee.

@) Any pastdue annual assessment togcthcr with interest thereon at the rate of fifteen p a a n t (15%) per annum frmn the due date and all wsts of wllection including iiftcen percent (15%) of the sssessment and interest thereon as reasonable a t t o w s fees, shall be a personal obligation of the Owner at the time the annual assements become past due, and it shall a h wnstitute and bewme a charge and continuing lien on the Lot against which the a~sessment has been made in the hands of the then Owner, his h e i i devises, personal reprcsntativcs, succcwn and assigns.

Ic) The T- shall be muired to use the funds wUected as annual asnesunats for the h$inkamcc, repair and &keep of the Common Properties. The TNstee may charge as a part of the wst of such functions the reasonable value of its services in canying out the duties k i n pmvided The Trustee shall not have the obligation to provide for maintenance, repair and upkeep of the Common Roperties once the fuods provided by the annual assessments have been exhausted.

12. J w c r a l L c n ~ Declarant may (at Dedamfs option) amend and modify this Declaration without obtaining the wnsent or approval of the Owners if such amendment or modification is nseswy to cause this Declafation to wmply with the mpimmts of the Federal Housing Administration, tho Veterans Administration, Federal National Mortgage Association, or othcr similar sgetlcy.

Any such amendment must be with the wnsent and approval of such agency and must be p q m l y recorded.

13. -. (a) Additional residential property and Common Area may be annexed to the

Plopcrties only with the wnsent of two-thirds (213) of each class of Membess, and, if applicable, the wnsent of the United States Department of Housing and Urban Development

(b) Notwithstanding the above, lands which sre adjacent to the Ropeaies (hereina&r m f d to as "Additional Land") may be annexed by the Declarant without the wnscnt of Manbas within ten (10) years of the date of this instrumcnt,subjeot to the ~ n s m t of the United States Department of Housing and Urban Development, if applicable. Provided, however, that should Declarant elect to improve and develop all

or part of lhe Adcrltionel Larxl. Declarant shall have the ripM to impase upon the Addia l Land wppkmental coverran$ and mtWons which are not substa~IMfy diffemnt from those contained herein. NoMlMamMg anythhw WIWWJ herein whlch might otherwise be htefpW to prodme a contrary result, Ws Dscfaration docs not mate any Charge, l i i or other encumbrance ar mkktion on any part of the Addibional Land, or affect in any wey the ttb themto or any themof, nor does thts Declaration create an obllgatbn u w Dectarard to improve and devalop all or any poRion of the Additional Land.

WmNESSE'IW TANNER EAST COMPANY, LLC

Bv: Stokes Bush B Barnes Land Corn~arrv, L C

Its: Member

STATE OF

COUMY OF PROBATE

Personally appeared befom me the undersigned witness who, being duly sworn, made oath that she saw the wlthln named fanner East Company, U C by [ts A u h h d Member sign. seal and d d h r the within-wrltten instrument for the uses and ~urrroses therein menbkned. end that she with the other witnegs

-STATE OF SOUTEI CAROLINA) AMENDMENT TO DECLARATIONS, COVENANTS, ) COPJDmWS. RESTRICTLONS AND EASEMENTS

COUNTY OF BERKELEY ) FOR THE COMMONS

OQOOlO4ll Bk803941 P6.00237

WHEREAS, by insment dated September 13,2002 d d e d in tho ROD m e for Berkeley Connty in Book 2915 at Page 265 Tamer East Company, LLC, A South Carolina Limited Lihility Company, as-t 6 h c Daclaradon of Chmants, hditiom, R c s ~ o m aad EBsernm f i r The Gammons; and

WHEREAS, Article Xn of said Declaratioa provides the Dcclaant has the right to a m d the Declsration on its own motion subject to the amsent of the United St- Department of H&g and U h Development, if applicable; and

WHEREAS, the Declarant d c s h to modify said Declaration as hcrcinaftaset forth and the United States Departmtnt of Housing and Urban Development's consent is not applicable.

NOW THEREFORE, the I)eclaraat hereby modifies Article W No. 3 of the Declaration of Cwensilts, Conditions, Restrictions and merits for The Commons recorded in the ROD Office for Bcrkrley Countyin Book 2915 at Page 265, ss it may have been amended, to read as follows:

The regular armual assessments shall be levied by tb B o d of Directors Ass&Htion, shall be payable quarterlymd sbaM be used aclusively fa the improvement, maintenance, repair and enhmcement of the Common Properties, and, to provide the rtqnirod services as set &nth in Article IV, Section 2 hereof ard to provide so inmy of the discretionary servias set forth in Article IV, Section 3 as the Board of Directors may elect to provide, and payment of the Masts Association asesments.

IN WlTNFBS OF, the undedgned, being &e DecDeclarant huein, has caused this Amendment to the Declaration of Covenants, Conditions, Rcmktion~ and Commoas to be executed in its name and its corporate seal hereto aflixed as of the rndck ,2004.

TANNER EAST COMPANY, LLC

By: stokes Bush & Ba~nea Land Company. LL€ Its: Manam

- E. Lee Barnes Its: Member

STATE OF

COUNTY OF

The within insmment was acknowledgedbefore me by its maker.

SWORN to before me this

&day of ,2004.

OuMn- N014-

RYdb-r@.P* M y commission expires: m I-

B Y U W S OF

THE COMMONS AT TANNER PLANTATION HOMEOWNERS bSOCIATION, INC.

ARTICLE I

NAME AND LOCATION. The name of the cama&n k The Cammans at Tanner Plantation ~ . - . - .... . .. . ... . -. . . Homeowners Associalbn. Inc.. hasinafter referred lo as the 'Association'. The prMpal offilcs of the mrporaUon shall be located al do William J. Hemeasy, Jr.. One North Adpen Wharf. Charleslm. SC 29401 butmeetinpsof membenanddiirsmaybe heldatsuchplaceo~intheStateof SouthCarolina. County of Charleslon, as may be designated by the Board of D&m.

ARTICLE I

m. 'Associahon'shsll mean and refer lo The CommoM at Tanner Pbntation Homeowners Assodation. Inc.. its successors and ssslgns.

SCdLPnZ. 'Pmpertles'shaUmeanand refer lothatcarlain red property described IntheDeclaration of Covenants. CondiUons and Reatdcfims, and such addiUw thereto as may hereafter be bmuoht w'M the lurisdidion of the AssoclaUon,

w. 'Common Area' shall mean all real property owned by the Assaialion fw the mnmm use and enjoyment of the Owners.

Seals&. 'Lor shdl mean and refer to any plot of land shown upon any recorded subdivlslon map of the Propdes with the exception of the Common Area.

M. "Owner shdl mean and refer to ihe record armer, whather one or more persons or entities, of the fee slmpk, title lo any Lot whM is a pat of ihe Properties, lnduding m n h d sellers, but exduding those having such Interest merety as security far the perlormana, of an obllgatlon.

&&x~& "oeclaranr shall mean and refer to Tanner East Company, LLC. Its successm and assigns if such succestors or asslgns should acqulre mwethanone undeveloped Lot from theDedarantfw the pu-e of development

-. 'DeclaraUon' shaO mean and refer lo the DedaraUon of Covenants, Conditions and Resbictions applicable to the Pmpernes rscwded in the O R i of Ule ROD for Berkeley County, Som Carolina.

&?&ku&. 'Membwf shall mean and refer to M s e persons entitled to memhh ip as provided in the Dedaration.

ARTICLE OJ MEETING OF MEMBERS

&&!?J. Annual MWUIU. The first annual meeting ofthe members shall be called by the Mclaranl, w Its assigns, and each subsequent regular m u a l meeting of the memben MI be held at the hour of 6:00 P.M. on a date which Is beiwe€n sbty (60) and Me hundred twenty (120) dayr pdw lo the beglnnlng of the next calendar yeer. If the day for the m u a l meeting of Me members Is a legal holiday. the meal i i wUI be held at the same hour on the first day idlowing which 1s not a legal holiday. At the Rrst annual meebng, the pmsnce of Memben or of proxies entitled to cast a 10% of all the votes of each class of membenhip shall constitute a quorum.

-. Spedd meetingsofthe members may be called at any lime by the presidantorbythebcardofDiectors, upon~req~lofthememberswhoareentiUedlo~teona-fourth (%)of a! ofthe votw of the Ckss A membenrhlp, or by the Declarant or Its assigns prbr to the Iemlnalon of ma a s s B o ember ship.

w. Notla of M- Written ndlce of each meeting of the members shall be glven by, or at the directpn of, the sauetary or person authoti& to call the meetlng lo each member entilled lo vote thereat. aWreUed lo the membeh address lad awewlm on the books of the Assodalion. or sumlied bv such member to the a it ion for the ~ u m o i h h - ~ u c h notice shall be aiven no sivlimr k i n thirii (30) day. and not laterlhan ten (10)dayd prior losuch meem, and shal specify-the place, day and hour& the msethg, and, in the case of a special meeting, the purpose of the rmaling.

&&o 4. Quoruq. At the first such meeting called (other than the meeting called by the Dedarant set forth In Artide Ill. Sedion I), the pressme of Membenr or of proxies entitled lo cast a majority of ail the votes of each dass of membership shall wnstitule a quorum. If the required quwum is not present another meetlng may be called sub la lo the same ~ t i u t requirement, and the requlred q m at the subsequant meetho shaltonehaU HRI oftherenuired OuONm at the orecsdlna meenno. No such s u h u e n t meetino

&&IL#. Em!!& At all meetings of membenr, each member may vote In person or bypmxy. All proxi88 shall be In Writilg and Vied with the secretary prior to me meeting. A pmxy shdl be revooable upon receipt of written mlke by the Secretary from ihe Member, and shal autometicslly cease upon conveyance by the Member of hb Lot

ARTICLE N BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE

w o n 1. Numb. U p the expiration of the period of DeclaraMa right lo act as or designate a Dire* as set forth in the Declaration, the affairsofthis AssociaUon shall be managed by a board ('Boanf) ofRve(5)dlm&r(iwhosh~bemembersoftheAssodatlan. iheBoardshan beelectedalaspedalmset~ called for such purpose.

w. T.nn. Al A( meethg as set forth In Arlide Ill. S e d h I above, the members shall eledhvo (2) directanfora term ofomyear.hw(2)diredonrforatenn ofhvo yearsand om, (1)dirsdor for a term of three years; and at sach annuai meeting lhere&w the members shall sled wrh number d dlreclws as necaMary lo replace the o&e of those direclom whose lams have expired. Each of those dlreclws so elected shw semt for a term of three (3) years.

g&&@. w. Any direclor may be removed from the Board, with or withwt cause, by a majority vote of me members of the Atsociation. A dire* sladed by the members may be removed only at a meellng called for h e purpose of removing the d i i r end the n o w for such meeting must stale that om, ofthe purposes of the m e w is to remove the dlredor. In the event of death. rerignation or removal of a directa, hk succeuor shall be selecled bylhe remaining members of the Boardand shall m f o r t h e uwipired lenn of hls predece?lsor.

m. -. No director shall receive cornpensalon for any senrice he may render lo the Associations. However, any dlnzlcr may be relmbursed for his actual ewnsss Incurred in the performance of hk dulles

-. Takm wlthout a Mntina. The d i L shall have the rlght lo take any adlon In the absence ol a m&hg by obtaining the writtsn appmal of a malorlty of the dlreslors. Any eulon w approved shall have h e same effect as though taken at a meeting of me dredors.

ARTICLE V NOMINATION AND ELECTION OF DIRECTORS

. mlnatlm. NomlnaUon for electian to the Board of Directors shall be made by a Nomination C o m m z . Nomlnetbns may a h be made from the fbof at the annual meet@. The NOmlnaUng CommiWe shall mnrlst of a Chairman, vho shall be a member ofthe Board of Directors, and two a mon, memben of the AModalion. The NomhaUng Committee shdl be appcinted by the Board of Dlmclon prior to eachannual meeting ofulemembers, and serve from tbdosedsuch annual meethg unM the closeofthe next annual meeting and such appohbnent hal l bemomcad at .ach annual meeting. Tb Nominating Commith shall make as many nanlnatlons fa &elion ta the Board of Directors as it sMI In Itsdis~tiondetermhe, bulndlessthanthe numbaofvdcanclasthalantobefllled. Such nomlmlbnamay be made from members cnly.

m. m. ueafon to me Board of D m w s shall be by seaet wkm ballot. At such eledlnnthe membersathekpmxlesmaycast hmapecttoaachvacancy, asmanyvotes estheymentWed to exercise under the provisions of the Dedaration. The perions recsMng the largast number of votes shall be elect&. Cumulative voting is not permitted.

ARTlCLE Vl MEETINGS OF DIRECTORS

SLdlPef. mlu Mmtlnw. Repuler meetings of the Board of Directan shaQ be held n d less than q u a r w withwt noke, at swh place and hour as may be fixed from time to time by maduihn of the Board. Should seidmeetlnp fall upon a legal hdiiay. then hat meeling shall be hdd aime same time on the next daywhkh is not a lepil holiday.

w. Swclal MseUnns. Specla1 meeUngs of the Board of DkectDIs shall be held when called by the president of the Assodaton, or by m y three (3) direcbm, after not less than three (3) days n o l h to

w. m. A majorlly of the number of diredars shall mUMe a quorum fa the bansaction of businsss. Ever/ act or d e w done cr made by a majorily of the dlredom w e n t st a duly held meebing at whkh a quoNm Is pesent shall be regarded as the act of the Board.

ARJICLE VU POWERS AND DUTIES OF M E BOMD OF DIRECTORS

s. a. The Board of Directors shall have power to: (a) ado* amend and publlsh ~ l e s and rqulaUons govemlngthe use of the Common Arsa

and facMes. and the oersonal condudofthe members and thek wests thereon. and to establish Denalties and h a s &the infrattion thereof;

- @) suspendthevdi~ripMaanddghttouseoftherecreationalfaaTtiesdamamberdur(ng

any pericd h whkh such member shall be In default in the papant of any arreuwnant levied by ths Assochtlon. Such rights may also be suspsnded afler noVce and hearing, for a period n d to exceed 60 days for Infraction of published ~ l e s and regulahs;

(c) exerchre forthe Association all powere, dutiss and aulhorliyvestd h or delegated tothls Associalion and not reserved to the membership by other provisions of these By-Laws. the Mdea of Inauwration. or the DedaraUon;

(dl declare the oMce of a member of tha boad of direcllws to be vacant in the event such member shall be absent h'om three (3) mnsecutlve regular meetings of the Board of DB8dors: and

(el employ a manawr. an indep%ndentmnh'actor. a such othu employeas as they deem neceuary, and to presuibe thek duties.

SKtian 2. Outis. It shall be the duty of the Board of Dlradoo to: (a) m s e t o be kept a wmplsle record of ail 119 acts and mrpwate affairs and to Dnwent a

statement t keo f lo the membenret the a n w l meeting of the members, or at any spedal m&ng when such statement is requested In WrlLing by one-fourU~ (!A) of the C!aro A members who ara entitlad to wte;

(b) s u m e all offfcen, agents end employees of thls hodation, and to see that their d u b am pmperty p&onned',

(c) as more fully pmvlded in the Declaration. to: (1) Rxtheamwntoftheannueleswssmartagshsteach Lotat leastthbty(30)days

in advance of Bach m u a l ariossMHInt period: (2) send wtltm notice of %a& assesunmt to m r y Owner s u b w thereto as

m b e d in the Declaration, and (3) If, h the B o d s dbcretlon, to foredose lhe Ian against any property lor which

assessments are not paid W i n thbty (30) days &r due date w to bring an aciion at taw against the owner personally o b t i i to pay the same.

(d) issue, cr to cause an appropriate officer to issue, upon demand by any penon, a certiRcate selting forth w h e w w not any assessment has bsen paid. A reasonable charge may be made bytheBoardbthebsuanmofthese&ficat88. If acertlficetestatesan assessment has been paid, such cerliflcats shall be conclusive evbnce of such payment

(8) procum and malntain adequate liability and hazard inwranm on property owned by me AssocisSon:

(9 causeallolficerswemployees h a v i n g h l responsibiliito be bonded,asHmaydeem appmpriata;

(g) c a w the Cwnmon Area to be maintained.

ARTICLE Vlll OFFICERS AND THEIR DUTIES

m. &urnoratton of OMcet. Theofficers of this Association shall be a president and v b president whoshatl at all times bemembersofthe Board ofDbedors, arecretary, and atreasurer, and such othwofficers as the Board may from time to time by resolution create.

Szdl9nZ. &ctlon of ~ M ~ o I z . m e tllecuon of officers shall take piace at the first mwthg ofthe Board of Directws following ead, annual meeting of the members.

S&bl& Ism. The officers of this Assodation shall be elected annually by the ba rd and each shall hold *for one (1)yearunless heshall sooner resign, or shall be moved, or otherwise disqualified to SBNB.

5.ction. The Board may elect such dher officers as the affabs of the Asscdation may require, each ofwhm shall hdd OW fw such period, have such authorily, and p fo rm such duties as the board may, from time to time, datsrmiie.

m. -and Any officer may be removed from office with or wimout cause by the Beard. Any officer mayreslqn at any timegiving Wtlennotice to the Board, the pmldentor the secretan'. Such reslodun shall take affecton the date Olremlot of such ndlcacratanvlatutimeaoacHlad therein. &d untass & w i s e s p d k d thereh, the acceptan& of such resignation shhl not be nekssary to make R effective.

W. -. A vacancy in any office may be filled by appointment by the bard. The person appointed to Nth wcancyahall serve for the remalndarof me term dthe officer he rep-.

w. m. rneoffic811 ofaecretaryand treasurermaybe held b y t h e m e person. No person shall simultaneously hoM mom than one of any of the other omce exmpt in the case of apackl &Mas created pursuant to S s t ! a 4 ofthis Article.

&&& m. The duties of the dfkera am as follows:

(a) The pmd&nt thall preside al ell meetings of ihe Beard of Diecbrs; shal sea that orders and resoluths of the B w d are camed ouS shall sign all leaaes, morlgages, deeds and other mitten Instrumenis and may m-sign a l chedcs and pmmissay noles.

@) The viebprasaent shall a d m the place and stead of the preDident In ihe event of hls absence, inaWityorrefusal toact, and shall ax& and dbcharge such otherdutiss as mayberequ'd of h h by the Board.

(c) The s6uetaIy shall reed the votes and keep the mlnutes of ell meetfna end prowedings oftha Bcard and of the members; keep the corpmh seal of the APsoclaUm and affu it on all papers requiring sald seal; MIN~ 110th of meetings of the Board and of the members; keep appmpilate wrrentd~themembersoftheAs~UontogeVlerwIththelreddrasses,andshallperfmnsuch dher duties as required by the Board.

(d) The treasurer may r a t v e and dsposit h appropriate bank aacunis en monlm of the Assocktbn and may Qsbune wch funds as d'kded by reaolutlon of the Board of Diredors; may sign all checks and promiooory nolea ofthe Assocwun: keep proper bocks of aacunt may cause an annual tax reh~mandnwmcUialionofthe ApsocM books tobemade byapuMlcaccwntantatthempleticnofeach fiscal year. and maypreparean annual budget and estaternentof l n m e andexpendlturesto be presented to the membersh[p at lb repuler EtUIunl meethg, and deliver a copy of each to the members upon Mi request,

The Board of Mrsdors shaU appoint an Architecblral Control Committee as pmvlded h the Dtalaratim. In addition, the Board of Mredon shall appoint other commMeea as deemed approjnlate in csrryhg cut its purprme.

ARTICLE X BOOKS AND RECORDS

The bmks, remrds and papers of the Assodation shall at all times, during naMMaMe business hours, be subject to Inspectla by any member. The Declaration. Ihe ArUdes of lncorporatm and the By- Laws of the Auocietia~ shall be avallable for hanectlon by any member at the e r i W ofti- of the

ARTICLE XI. ASSESSMENTS

As mcre Wypmvided h the Dec!aration,sach member b obligated to peytothe Awxietion annual and sp+&d assessments vhlch are secured by a continuing llen upon the pmperty weinst which the ersessment is made. Assessm~ts shall be crnsMemd nast due il not rac&ed bv the Aosodalion on the due date. A late charge h an amant to be detarmlned the Board shsl be addei lo any asssMment not Paid MIhh thirty (30) days after the due date. n*n, arseosment is not pald wimin axty (80) dsys affer tho duedate.iheassssrment Dhsll bearinteresthn the date olddlnquencyetthe releofsixtsen (18%)psnant

ow annum. and the Assodaticn rnav Mno an aclion at law aoahst ihe Ownar DeraMlallv oblbated to m t h e iameaforecloseihel ianagai~ lm6pm~rty ,andntersr t&to .anddeanoni~s~of iny~uch adonshd beadded to the m w n t of such asaeamenL Na Omer maywBivsror&hawiM, edcdpelbblldy fa h a asaeswnmto prwlded fa haen by nonuse of the Common W a abandonment d hk LoL

ARTICLE Xll AMENDMENTS

m. The6yLawmaybemmded. ataregularaspedal m%ehngofthemembers, by a w e of a rnalodty of a q w m d membdrs present in person a by proxy. As long as there is a Class B Membership. HUDNA has the rigM lo veto any amendments

-2 in h e case of 'xymnRict between the Artidea of inmrpcralki~ and these &-Laws, the Micka &all mnlrd; and In the case of any -Mid between the Dec!a&h and Ubse Bylam, me

ARTICLE XIII MIXELUNEOUS

The R s d year of the Assodnuon shail bgln on the Ant day of January and end on the 31st day of Decemba of every year, except bnt the first flscal year shall begin on the date of hcorpaatlon.

CERTIFICATION

,- * I. the undersigned, do hersby cartay:

. THAT I am the duly eleded and acling secretary of the&sod&n and.

- THAT the foregoing By-Lwa oonstilutethe orlglnal By-Laws of 6aM /%&ation, as dulyadapted at a mesting of the Board of CHredors thered, hsld on the d a y of ,2002.

WITNESS WHEREOF, I have hereunto subscribad my name and &ed the seal of saM Ascda lh this-dayd ,2002.

, , .