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STATE OF SOUTH CAROLINA ) AMENDMENT TO THE RESTRICTIVE COVENANTS : ss OF COUNTY OF LEXINGTON ) HALLMARK CORPORATION Revision 2/5/09 Restrictivecovenantsasof2/5/09
KNOW ALL MEN BY THESE PRESENTS, that Hallmark Corporation, was the owners of the following described property now known as the Hallmark Subdivision, to-wit:
ALL that certain piece, parcel or lot or tract of land, situate, lying and being on the South side of S.C. Hwy. S-32-107, near the City of Columbia, in the County of Lexington, State of South Carolina, containing 51.32 Acre, more or less, as shown on a Plat Prepared for Michael J. Mungo, by McMillan Engineering company, dated March 10, 1965, recorded in the office of the Clerk of Court for Lexington County in Plat Book "78-G", at page 59, and said tract having such metes and bounds as shown on above plat. ALSO, all that certain piece, parcel or tract of land adjoining the above referred to tract extending from said tract to the center line of the road known as S.C. Highway S-32-107, and being designated as Tract #2 on the within designated plat, and containing .64 acres, more or less.
WHEREAS, in accordance with the Restrictive Covenants put in place by Hallmark Corporation and still in effect on said land duly recorded with the Register of Deeds for Lexington County, South Carolina, in Deed Record Book 13Z, at Page 139 on May 26, 1965, “these conditions and restrictions may be amended at any time by a written instrument signed by a majority of the owners of the lots in the subdivision”;
WHEREAS, it is the option, desire and intention of a majority of the Homeowners of Hallmark Subdivision to amend said Restrictive Covenants for the purposes of further protecting the integrity of said tract of land as a residential development and in protecting the value of their homes. In that effort the majority of Hallmark Homeowners have formed a homeowners’ association, Hallmark Homeowners’ Association (“HHA”);
NOW, THEREFORE, said HHA of Hallmark Subdivision does hereby declare certain amended conditions and restrictions upon the aforesaid tract of land, as set forth hereinbelow:
1. No lot shall be used except for residential, educational or church purposes. No building shall be erected, altered, placed or permitted to remain on any residential lot other than one detached single family dwelling of modern construction not to exceed two and one-half stories in height, and garages and appropriate outbuildings which shall conform with the architecture of the main house in design and construction. Garages may be attached to the main dwelling or detached so long as the side, front and rear line restrictions are complied with.
2. No dwelling shall be permitted on any lot which shall have a ground floor area of the main structure, exclusive of one story open porches and garages, of less than 1,300 square feet.
3. No building shall be located on any lot nearer than thirty (30') feet to the front lot line or nearer than eight (8') feet to any side street line, and no building shall be located nearer than six (6’) feet to an interior side lot line except a garage or other permitted accessory building located on the rate one-fourth of any lot; in any event no building shall be located nearer than six (6') feet to any side street line or interior lot liner no building shall be located nearer than six (6') feet to the rear lot line. For the purposes of this covenant, eaves, steps, open porches, garages, and carports shall not be considered as a part of the building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.
The HHA, its successor's or assigns, reserve the right to alter those side and rear restrictions for the un- intentional violation of same, but such change shall not exceed fifty (50%) per cent of such marginal requirements or building line restrictions. The HHA, its successors and assigns, reserve the right to alter those front line restrictions for the unintentional violation of same, but such change shall not exceed fifteen (15%) percent of such building set-back line restrictions.
4. No dwelling shall be erected or placed on any lot having a width of less than seventy (70') feet at the minimum building set- back line nor shall any dwelling be erected or placed on any lot having an area of less than Ten Thousand (10,000) square feet.
5. Easements for installation of utilities and drainage facilities are reserved unto HHA, its successors and assigns, as shown on the recorded plat and over five (5') feet along each side line of each lot and rear ten (10') feet of each lot. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.
6. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
7. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently.
8. No sign of any kind shall be displayed on any lot except one sign of not more than six square feet advertising the property for sale, a security sign, a yard sale sign, a political sign or one sign used by a building contractor or realtor to advertise the property during the construction and sale period. No flashing signs may be used.
9. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment used for the storage and/or disposal of such material shall be kept in a clean and sanitary condition.
10. No lot may be subdivided without the written consent of the HHA, or a person or persons designated by them.
11. All sewerage disposal shall be by a community sewerage disposal system except that individual sewerage disposal systems shall be permitted on any lot that is not practical to connect to the community sewerage system; such individual sewerage disposal system shall be designed, located and constructed in compliance with the requirements, standards, specifications and recommendations of the county and/or State Health Departments and with the written consent of the HHA, or a person or persons designated by them.
12. No building shall be erected, placed, or altered on any lot unless the construction plans and specifications and the plans showing the location of the structure have been approved by the HHA, or a person or persons so designated by them as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finished grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line. The approval of the HHA as required in these covenants shall be in writing. In the event that the HHA shall fail to approve or disapprove within thirty (30) days after plans and specifications have been submitted to them or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.
13. No mobile homes, premanufactured homes, modular homes or homes constructed off site shall be allowed to be placed on any lot.
14. All homes and other structures must be completed within 6 months after the date of the construction of same shall have commenced unless such completion is impossible or would result in great hardship to the owner or developer/builder due to strikes, fires, national emergency or force majeure. This does not preclude a developer/builder of speculative homes from leaving floors, walls or counter tops unfinished until sold.
15. Each owner shall rebuild, replace, repair or clear and landscape any building structure or significant vegetation which may be damaged or destroyed by an Act of God or other casualty. Damaged structures, remaining foundations etc. will be removed and/or rebuilt within one year of the insurance settlement date. In no case will the process exceed two years from the date of the damage or loss.
16. Insurance Required of Builders - Any homebuilder utilized by an owner to perform any construction activities within the Hallmark Subdivision is required to be properly licensed with the State of South Carolina.
17. Exterior – Exterior stairways, decks, porches and balconies shall be maintained so that they are structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
18. Lawn and Other Maintenance Required by Owner - Each owner shall keep all lots owned by her/him and all improvements thereon, maintained in good order and repair, including, but not by way or limitation, mowing of all lawns and grounds, the pruning and cutting of all trees and shrubbery and the painting (or other appropriate external care) of all building and other improvements, all in a manner and with such frequency as is consistent with safety and good property management. Lot maintenance shall specifically include all easements on each lot. All yard debris is to be disposed of appropriately and no lawn debris shall be blown or otherwise placed in the street.
19. All trash receptacles, including recycling receptacles, placed at the side of the road for commercial trash pickup, must be returned to their proper storage place within 18 hours of trash pickup. Such closed, sanitary trash containers shall always be stored in such a manner that they cannot be seen from the front of the lot. Property owners may use shrubbery, wooden fences, decorative lattice work and other inconspicuous barriers to conceal or screen the trash cans so they cannot be seen from the street.
20. No owner shall permit or cause any trash to be kept on any portion of a lot. No lumber, metals, bulk materials, refuse or trash shall be kept, stored or allowed to accumulate on any lot, except building materials during the course of construction for a period not to exceed 6 months, commencing from the first day of delivery of such materials for any approved structure, unless such materials are screened from view from the front of the lot in an acceptable manner. During the course of construction sites are to be kept free of unsightly accumulation of rubbish and scrap materials which shall not be allowed to blow in the wind. Construction trailers, shacks and the like are to be kept in a neat and orderly manner. All trees taken down will be removed within one (1) week, except hard wood cut for firewood which must be neatly stacked to the side or back of the main dwelling.
21. Antennas - Any radio, television and any other type of transmission towers or antennas erected within the restricted property shall not be visible from the street (with the exception of ham radio antennas and television reception satellite dishes with a diameter of less than (20) inches mounted on the roof or a side or rear wall) and none may be placed in any front yard.
22. Swimming Pools and Fences - Swimming pools shall not be located nearer than 10 feet to any lot line, must be located in their entirety to the rear of the main dwelling, and shall not project with their coping more than 2 feet above the established grade of the lot. All swimming pools and water features are to be kept clean and maintained in good working condition so as not to become stagnant and/or conducive to the breeding or harboring of mosquitoes or other insects. No chain-link or “privacy” fences are to be constructed on the front of any lot. The pool owner shall use shrubbery and other vegetation as a barrier thus reducing the unsightliness and conspicuous metal structure, pumps, filters, and piping from their neighbors view.
23. No recreational or playground equipment (i.e. “jungle gyms”, trampolines, or swing sets, etc.) shall be allowed in the front or side yards, visible from the street, with the exception of basketball goals in driveways or other places located on the personal – property side of any sidewalk.
24. Driveways and Vehicles - All driveways must be paved. All vehicles must be parked on a driveway or curb. No vehicle shall, at any time, block any of the sidewalks within Hallmark Subdivision.
25. Commercial Vehicles and Motor Homes - No commercial vehicles, motor homes, camper trailers or boats may be parked or stored on any property within Hallmark Subdivision with the following exceptions: A. Boats eighteen feet in length or shorter (as defined in the Manufactures Specifications) and transported on a single axel (two wheel) trailer shall be permitted (see C. below). B. Campers (non motorized) eighteen feet in length and shorter (as defined in the manufactures specifications) and transported on a single axel (two wheel) trailer shall be permitted. (See C. below). C. As defined in A and B above, these boats and campers must be stored to the side (behind the line delineating the front wall of the home) or rear of the home in such a manner that they cannot be seen from street using a wooden fence or other suitable barrier materials. Also, no unlicensed, untagged or uninsured vehicles are to remain on any lot unless they are in a garage or outbuilding. In no way is this to be interpreted to mean that Hallmark Subdivision is to provide a place for the parking and/or storage of same.
26. Motorcycles, Dirt Bikes, All Terrain Vehicles, Mopeds, Bicycles and Golf Carts – No all terrain vehicles, regardless of whether or not the same shall have 3, 4, 6, or more wheels, or dirt bikes, shall operate on any of the lots, common areas or streets within Hallmark Subdivision. Mopeds, as defined by the State of South Carolina, bicycles, motorized bicycles and scooters shall be allowed; however, any and all vehicles must be operated by the appropriately-licensed individual as dictated by the State of South Carolina.
27. No pets may be kept, bred or maintained for any commercial purpose. As required by South Carolina State Law, pets are to be vaccinated. All areas where dogs are maintained are to be kept clean so as not to produce any offensive odors extending to any neighbor’s’ property. All dogs are to be on a leash at all times. Owners who walk their dogs in the neighborhood are to clean up all solid waste of their dogs immediately and before leaving that specific area.
28. Outside Drying – Clotheslines must be located in back yards and shall be well maintained.
29. Mining – No lot or portion thereof shall be used for any mining, boring, quarrying, drilling, removal of or any other exploitation of subsurface natural resources, with the sole exception of subsurface water. This clause does not limit mining by a developer or the homeowner of record to create proper drainage of water.
30. Minor Agricultural pursuits – Minor agricultural pursuits incidental to residential use shall be permitted provided such pursuits may not include the raising of crops intended for marketing or sale to others.
31. Miscellaneous fuel storage shall be limited as follows: A. One five gallon transportable gasoline tank. B. Three one gallon transportable fuel tanks (Gasoline and oil mixture). C. One five gallon transportable kerosene tank.
No permanent fuel tanks are permitted on any residential properties with the exception of fuel tanks installed as part of a heating system. Installation to be made using appropriate building permits and certified or licensed contractors.
32. Initial Affiliation Capital Reserve Fee – This fee is the responsibility of any new buyer and is a one-time fee to be collected from the buyer by the closing attorney each time a property closes/transfers from one party to another on any and all pieces of property located within the Hallmark Subdivision. This transfer fee shall be collected by the closing attorney and forwarded to the Hallmark Homeowners Association at closing. The amount of this fee shall be 1/4th (one fourth) of 1% of the purchase price of the property or certified assessment value established by a registered property assessor, which ever is greater. This fee shall be paid separately and apart from any assessment fee and there is no pro rata apportionment of the fee.
This fee shall be used for the unanticipated repairs, new additions, replacement or general maintenance of capital amenities and expenditures and shall require a 2/3 vote of the Board of Directors. A capital amenity expense shall be any expense for any item that would cost $100.00 or more to repair, replace or add to the amenities of the subdivision and shall not be used for day to day operational expenses. Current Hallmark property owners shall be exempt from this fee, if they should sell their current owned property and purchase a different piece of property within the Hallmark Subdivision. This exemption will not apply to Hallmark owners who purchase additional pieces of property within the Hallmark Subdivision.
33. Owners of a lot purchased within the Hallmark Subdivision subsequent to the date of the approval and signing of this Restrictive Covenants instrument and upon it being duly recorded with the Register of Deeds for Lexington County, South Carolina, will be required to become and remain members in good standing of the HHA.
34. Term - The covenants are to run with the land and shall be binding on all parties and on all parties and all persons claiming under them for a period of twenty-one (21) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (1O) years unless an instrument, signed by the owners of a majority of the lots has been recorded, agreeing to change said covenants in whole or in part, provided, however, that these conditions and restrictions may be amended at any time by a written instrument signed by a majority of the owners of the lots in the subdivision, which majority shall include all the owners of lots on the street upon which the lot affected is situated, within one hundred fifty (150') feet of said lot.
35. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages.
36. Invalidation of any one of these covenants by judgment or Court order shall in no wise effect any of the other provisions which shall remain in full force and effect.
37. The HHA reserves the right to impose additional restrictions on any unsold lot or area by declaration or by including said restrictions in the deed to that individual lot, but such added restrictions shall be in addition to the restrictions hereby declared and imposed.
IN WITNESS WHEREOF, the majority of the Homeowners of Hallmark Subdivision have caused these presents to be executed by its President, George Hine, this ______ day of ______________, 2009.
WITNESSES: HALLMARK HOMEOWNERS’ ASSOCIATION
BY: It’s President
PERSONALLY APPEARED before me ___________________________, who on oath says the he/she saw the within-named George Hine, as President of Hallmark Homeowners’ Association, sign the within Restrictive Covenants, and the said Association by said officer, seal said instrument, and as its act and deed, deliver the same, and that he/she with __________________________, witnessed the execution thereof.
SWORN TO and subscribed before me this ______ day of ______________, 2009.
Notary Public, State of South Carolina
My Commission Expires:
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