Berkeley Country Club Subdivision

Key facts from Berkeley Country Club Subdivision's documents

Reflects the 2005 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Planned residential community and single-family subdivision governed by a community association (Berkeley Country Club Community Association, Inc.) (WHEREAS clauses: planned Residential Com)

Legal name

Berkeley Country Club Community Association, Inc.

Developer / declarant

Baron's Retreat LLC and AMIC (American Mortgage and Investment Company) (Article I, Section f: Declarants shall m)

Governing law

Nonprofit Corporation Law of the State of South Carolina (Article V: powers which a corporation or)

Assessments & dues

Maximum annual General Assessment $200.00 per lot until January 1 of the year following recording; vacant lots (construction not commenced) assessed at one-fourth of the General Assessment (Declaration Section 6.03(a), 6.03(c))

Special assessments

Special (capital) assessment for construction/reconstruction/repair/replacement of capital improvements may be levied for that year only with assent of 2/3 of votes present or by proxy; insurance-shortfall special assessments also require 2 (Declaration Section 6.04, 11.04)

Collections & liens

Assessments create a continuing lien and personal obligation; if unpaid after 60 days Association may foreclose the lien and/or sue the Owner personally; costs and reasonable attorney's fees added; assessment lien is subordinate to mortgage (Declaration Section 6.01, 6.11, 6.12)

Reserves & fees

Budget may include a reserve-fund contribution; Board may establish reserves and carry forward surpluses; not obligated to apply surplus to reduce succeeding-year assessments (Declaration Section 6.03, 6.14)

Pets

Yes, house pets in reasonable numbers (Declaration Article XV Restriction 11)

Leasing & rentals

A lessee under a recorded lease from the fee Owner for a term of not less than 50 years is treated as the Owner for Declaration purposes (lessor ceases to be Owner) (Article I definition of Owner, paragraph)

Parking & vehicles

Private garage for not more than three cars permitted; other incidental buildings must match dwelling style (Declaration Article XV Restriction 4)

Fences

Fences are structures subject to ARC/Board approval; no separate fence standards are stated (Declaration Article IX)

Architectural approval

Plans are deemed approved if Board/ARC fails to approve or disapprove within 30 days after submission (Declaration Article IX)

Setbacks / home size

Front setback 25 feet from front lot line; side and rear setbacks 10 feet, inclusive of garages and carports; subdivider may alter due to topography/configuration; if two lots combined for one dwelling the dividing line is nonexistent (Declaration Article XV Restriction 5)

Maintenance

Owner responsible for maintaining Lot/Residential Unit; Association responsible for Common Area and Special Use Properties maintenance, repair and replacement (Declaration Article VII; Section 6.07.2)

Insurance

Board shall obtain hazard insurance for insurable Common Area improvements in amount sufficient for full replacement cost, and a liability policy protecting Common Area, Special Use Properties, Board, officers/directors, employees and Membe (Declaration Section 11.01)

Use restrictions

Only one detached single-family dwelling not exceeding two and one-half stories and a private garage for not more than three cars per lot, plus incidental residential buildings matching dwelling style; no servant's quarters or rental units (Declaration Article XV Restriction 4)

Voting & meetings

One vote per Lot; one voting Member per Lot; multi-Lot owner casts one vote per Lot but is a single member for notice and membership determination (Declaration Section 4.02)

Amendments

Declaration amendments require assent of 2/3 of Members; Bylaws amendments require 2/3 majority of quorum of Members present or by proxy, or may be amended by the Board; covenants auto-renew every 10 years after initial 20 years unless term (Declaration Section 5.04, 12.04; Bylaws )

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.