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THIS DECLARARTION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
IS SUBJECT TO ARBITRATION PURSUANT TO THE
SOUTH CAROLINA UNIFORM ARBITRATION ACT
DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR FAIRVIEW CHASE SUBDIVISION
THIS DECLARATION is made on the date hereinafter set forth by Fairview
Investments, LLC, and by Aho Homes, LLC, (hereinafter referred to as "Declarant"):
WITNESS TO:
WHEREAS, Declarant is the owner of certain real property located in Greenville County,
South Carolina, which is more particularly described on a plat prepared by
Arthur E. White, JR. ESta. entitled "Fairview Chase Subdivision" dated 11-29-05 and
recorded in Plat Book SOR at Page 61 in the office of the ROD for Greenville County,
South Carolina, which plat is incorporated herein by reference (hereinafter sometimes referred to
as the "Property").
WHEREAS, Declarant desires to create on such property an exclusive residential
community of single-family homes to be known as Fairview Chase (hereinafter sometimes
referred to as "Subdivision");
WHEREAS, Declarant desires to provide for the maintenance and upkeep of the common
area within the Subdivision and to provide for enforcement of covenants and restrictions
applicable to the Subdivision, and, to that end, desires to subject all of the property within the
Subdivision to the covenants, conditions, restrictions, easements, charges and liens hereinafter
set forth, each and all of which is and are for the benefit of said property and each owner thereof;
WHEREAS, Declarant has deemed it advisable to create an organization to own,
maintain and administer the Common Area (as hereinafter defined), to administer and enforce
covenants and restrictions applicable to the Subdivision, and to collect and disburse the

ganization to own,
maintain and administer the Common Area (as hereinafter defined), to administer and enforce
covenants and restrictions applicable to the Subdivision, and to collect and disburse the
assessments and charges hereinafter created, and Declarant has therefore incorporated under
South Carolina law as a non-profit corporation, the FAIRVIEW CHASE HOMEOWNERS'
ASSOCIATION, INC., for the purpose of exercising the aforesaid functions;
NOW, THEREFORE, Declarant declares that the Properties and such additions thereto as
may hereafter be made pursuant to Article II hereof, is and shall be owned, held, transferred,
sold, conveyed, used and occupied subject to the covenants, conditions, restrictions, easements,
charges and liens set forth in this Declaration, all of which shall run with the real property and be
binding on all parties owning any right, title or interest in said real property or any part thereof,
their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each
owner thereof.
REST
2006113584 25 PGS
Book:DE 2238
November 21, 2006 02:23:20 PM
Rec:$32.00
-1-
Page 481-506
Cnty Tax:$0.00 State Tax: $0.00
FILED IN GREENVILLE COUNTY,SC
ARTICLE I
DEFINITIONS
COPY
Section 1. "Association" shall mean and refer to the FAIRVIEW CHASE
ASSOCIATION, INC., a South Carolina non-profit corporation, its successors and assigns.
Section 2. "Builder" shall mean and refer to any persons, firms or entities to whom or
which Declarant conveys one or more Lots within the Properties for the purpose of constructing
a Dwelling thereon.
Section 3. "Common Area" shall mean and refer to any and all real property, together
with any improvements thereon, shown on any recorded subdivision plat of the Properties, with

g
a Dwelling thereon.
Section 3. "Common Area" shall mean and refer to any and all real property, together
with any improvements thereon, shown on any recorded subdivision plat of the Properties, with
the exception of any Lots, as said term is defined in this Declaration, and any public street rights-
of-way as same are shown on any recorded subdivision plat of the Properties. Except as
otherwise provided in this Declaration, the Common Area shall be maintained by the Association
or its successors in interest unless dedicated to public use as set forth herein.
Section 4. "Declarant" shall mean and refer to Aho Homes, Inc., a limited liability
company. It shall also mean and refer to any person, company or entity to whom or which
Declarant shall assign or delegate the rights and obligations of Declarant by an assignment of
Declarant's rights recorded in the Office of the Register of Deeds of Greenville County, South
Carolina.
Section 5. "Lot" shall mean and refer to any plot of land, with delineated boundary lines,
shown on any recorded subdivision plat of the Properties, with the exception of any Common
Area owned in fee by the Association and any public street rights-of-way shown on such
recorded plat. In the event that any Lot is increased or decreased in size by recombination or
resubdivision through recordation of new subdivision plats, any newly-platted Lot shall
thereafter constitute a Lot.
Section 6. "Member" shall mean and refer to every person or entity who or which holds
membership in the Association.
Section 7. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of fee simple title to any Lot which is a part of the Properties, including

ip in the Association.
Section 7. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of fee simple title to any Lot which is a part of the Properties, including
contract sellers, but excluding those having an interest in a Lot solely as security for the
performance of an obligation,
Section 8. "Properties" shall mean and refer to the property described in Exhibit A to this
Declaration and any additional property annexed pursuant to Article II of this Declaration.
Section 9. "Subassociation" shall mean and refer to any homeowners association formed
for the purpose of owning and maintaining real property and improvements thereon reserved for
the exclusive use and benefit of Owners of Lots or Units within a specific phase or section of the
Properties.
Section 10. "Unit" or "Dwelling" shall mean and refer to any building or portion thereof
within the Properties which is designated and intended for use or occupancy as a residence by a
single family, whether by the Owner of such Unit or by tenants or lessees of such Owner.
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ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
AND WITHIN THE JURISDICTION OF THE
FAIRVIEW CHASE SUBDIVISION
Section 1. This section has been intentionally omitted.
COPY
Section 2. Existing Property. The real property which is and shall be held, transferred,
sold, conveyed, used and occupied subject to this Declaration as of the date of recording hereof,
which is within the jurisdiction of the Association, and which is described on Exhibit A attached
hereto.
Section 3. Annexation of Additional Property. At any time prior to December 31, 2016,
additional land within the property described in Exhibit B attached hereto and made a part hereof

attached
hereto.
Section 3. Annexation of Additional Property. At any time prior to December 31, 2016,
additional land within the property described in Exhibit B attached hereto and made a part hereof
(the "Exhibit B Property") may be annexed by the Declarant without the consent of the Members
and therefore become subject to this Declaration by the recording by Declarant of a plat showing
such property to be annexed and of a supplementary declaration extending the operation and
effect of this Declaration to the property to be annexed. Furthermore, at any time Declarant owns
any Lot within the Properties, additional land not within the Exhibit B Property may be annexed
by the Declarant without the consent of the Members and therefore become subject to this
Declaration by the recording by Declarant of a plat showing such property to be annexed and of
a supplementary declaration extending the operation and effect of this Declaration to the
property to be annexed. Any property annexed must be contiguous to property already subject to
this Declaration. Any property annexed pursuant to this subsection may be annexed and
subjected to this Declaration as one parcel or as several parcels at different times. The addition of
such property pursuant to this Section may increase the cumulative number of Lots within the
Properties and, therefore, may alter the relative maximum voting strength of the various types of
Members.
A supplementary declaration may contain such complementary additions to and
modifications of the covenants and restrictions contained in this Declaration, including, without
limitation, different voting rights and different annual and special assessments for the Lots or
Units so annexed, as Declarant, in its sole discretion, may deem necessary or appropriate to

g, without
limitation, different voting rights and different annual and special assessments for the Lots or
Units so annexed, as Declarant, in its sole discretion, may deem necessary or appropriate to
reflect the different character or use of the property added. In no event, however, shall any
supplementary declaration revoke, modify or add to the covenants and restrictions established by
this Declaration so as to materially and adversely affect any portion of the Properties already
subject to this Declaration. A supplementary declaration annexing additional property need only
be executed by the Declarant and, if applicable, by the owner of the property being annexed, and
shall not require the joinder or consent of the Association or any of its Members.
Nothing contained in this Article shall be construed to obligate or require Declarant to
make any additions to the Properties.
Section 4. Conveyance of Common Area in Annexed Property. Promptly upon request of
Declarant, the owner of the annexed property shall convey any or all Common Area located
within the newly annexed property to the Association or, if requested by the Declarant, to the
Declarant. Title to such Common Area shall be conveyed in the same manner as set forth in
Section 3 of Article IV of this Declaration.
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Section 5. Merger. Additional property may also be made subject to this Declaration
merger or consolidation of the Association with another non-profit corporation formed for the
same or similar purposes. The surviving or consolidated association shall administer the
covenants and restrictions established by this Declaration within the Properties and the covenants
and restrictions established upon property owned by the other association as one scheme. No

ister the
covenants and restrictions established by this Declaration within the Properties and the covenants
and restrictions established upon property owned by the other association as one scheme. No
such merger or consolidation shall cause any revocation, change or addition to this Declaration.
Section 6. Effect of Addition of Property. Except by amendment of this Declaration as
provided in Section 3 of Article XII hereof, no addition of property, whether by annexation,
merger or consolidation, shall revoke or modify any provision of this Declaration as to the
Properties already subject hereto or diminish the rights of the Owners of Lots and Units within
the Properties, except for the dilution of voting strength that occurs as a result of inclusion of
additional Members of the Association.
Section 7. Withdrawal of Property. Declarant reserves the right to amend this
Declaration so long as it has a right to annex Additional Property pursuant to this Article for the
purpose of removing any portion of the Properties then owned by Declarant or the Association
from the coverage of this Declaration, to the extent originally included in error or as a result of
any changes whatsoever in the plans for the Subdivision, provided such withdrawal is not
unequivocally contrary to the overall, uniform scheme of development for the Subdivision.
Section 8. Good Faith Lender's Clause. Any violation of these covenants, conditions or
restrictions shall not affect any lien or deed of trust of record held in good faith, upon any Lot or
commercial Unit; which liens may be enforced in due course, subject to the terms of this
Declaration.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every Owner of a Lot which is subject to assessment by the

iens may be enforced in due course, subject to the terms of this
Declaration.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every Owner of a Lot which is subject to assessment by the
Association shall be a Member of the Association. Membership shall be appurtenant to and may
not be separated from ownership of any Lot which is subject to assessment.
Section 2. Voting Rights. The voting rights of the membership shall be appurtenant to the
ownership of the Lots and may not be separated from ownership of any Lot.
There shall be two classes of Lots with respect to voting rights:
(a) Class A Lots. Class A Lots shall be all Lots except Class B Lots as the same are
hereinafter defined. Ownership of a Class A Lot shall entitle the Owner of such Lot to one (1)
vote. When more than one person owns an interest (other than a leasehold or security interest) in
any Lot, all such persons shall be Members and the voting rights appurtenant to their Lot shall be
exercised as they, among themselves, determine; but fractional voting shall not be allowed, and
in no event shall more than one vote be cast with respect to any Class A Lot.
(b) Class B Lots. Class B Lots shall be all Lots owned by Declarant or a Builder and
which have not been converted to Class A Lots as set forth below. Declarant and each Builder
shall each be entitled to nine (9) votes for each Class B Lot it owns. The Class B Lots shall
cease to exist and shall be converted to Class A Lots upon the earlier of the following 10 occur:
(i) when Declarant no longer owns any Lots or Units within the Properties; (ii) upon written
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waiver of Class B membership by the Declarant and/or Builder; or (iii) December 31, 2015.

0 occur:
(i) when Declarant no longer owns any Lots or Units within the Properties; (ii) upon written
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waiver of Class B membership by the Declarant and/or Builder; or (iii) December 31, 2015.
When the Class B Lots cease to exist and are converted to Class A Lots, Declarant and Builder
shall have the same voting rights as other Owners of Class A Lots.
(c) Declarant's Voting Rights. Until the Class B Lots cease to exist, as provided above,
Declarant shall be vested with the sole voting rights of the Association on all matters (including
election and removal of directors and officers of the Association), except such matters as to
which the Declaration, the Articles of Incorporation, or the Bylaws of the Association
specifically require a vote of the Class A Members.
Section 3. Leased Units. Notwithstanding any other provision of this Declaration or the
Bylaws of the Association, the vote as expressed by the Owners of Lots or Units which are
leased (or rented to or otherwise occupied by persons) other than the Owner shall not be entitled
to any weight greater than forty-nine (49) percent on any matter pending before the Association.
ARTICLE IV
PROPERTY RIGHTS
Section 1. Owners' Easements of Enjoyment and Access. Except as limited by the
provisions of this Section I and by the rules and regulations adopted by the Board of Directors of
the Association, every Owner shall have a right and easement of enjoyment in, use of and access
to, from, and over the Common Area, which right and easement shall be appurtenant to and shall
pass with title to every Lot, subject to:
(a) the right of the Association to charge reasonable admission and other fees for the use
of any recreational facilities situated or constructed on the Common Area and to limit the use of

subject to:
(a) the right of the Association to charge reasonable admission and other fees for the use
of any recreational facilities situated or constructed on the Common Area and to limit the use of
such facilities to Owners who occupy a residence on the Properties and to their families, tenants
and guests, as provided in Section 2 of this Article IV.
(b) the right of the Association to suspend the voting rights of an Owner for any period
during which any assessment against his Lot remains unpaid, or for a period not to exceed sixty
(60) days for any infraction of the published rules and regulations of the Association.
(c) the right of the Association to dedicate, sell or transfer all or any part of the Common
Area to any public or quasi-public agency, authority or utility for such purposes and subject to
such conditions as may be agreed upon by the Members. After Class B Lots cease to exist, no
such dedication or transfer shall be effective unless the Members entitled to at least 80% of the
votes of the entire membership of the Association and at least three-fourths (3/4) of the votes
appurtenant to each Class of Lots agree to such dedication, sale or transfer and signify their
agreement by a signed document recorded in the Office of the Register of Deeds of Greenville
County, South Carolina. Nothing herein shall be deemed to prohibit the Board of Directors of the
Association, without consent of the Members, from granting easements over and across the
Common Area to any public agency, authority or utility for the installation and maintenance of
sewerage, utility (including cable television) or drainage facilities when, in the opinion of the
Board, such easements are necessary for the convenient use and enjoyment of properties within

nance of
sewerage, utility (including cable television) or drainage facilities when, in the opinion of the
Board, such easements are necessary for the convenient use and enjoyment of properties within
the Subdivision. Notwithstanding anything herein to the contrary, the Common Area shall be
preserved for the perpetual benefit of the owners of Lots within the Subdivision and shall not be
conveyed except to a governmental entity or another non-profit corporation organized for similar
purposes.
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(d) the right of the Association, to borrow money and, after Class B Lots cease to exist,
with the assent of Members' entitled to at least 80% of the votes of the entire membership of the
Association and at least two-thirds (2/3) of the votes appurtenant to each Class of Lots,
mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as
security for money borrowed or debts incurred, provided that the rights of any such lender or
mortgagee shall be subordinate to the property rights of the Members and the Association as set
forth herein.
(e) the right of the Association to exchange all or part of the Common Area for other
property and consideration of like value and utility, provided, however, that, after Class B Lots
cease to exist, any such dedication shall require the assent of the Members as set forth in
subparagraph (c) above, and further provided that, if the Board of Directors of the Association
determines, in its sole discretion, that such exchange is necessary to cure an encroachment or
setback violation on any Lot, the Board may effect such exchange without the consent of or
approval by the Members.
(f) the right of the Association to open the Common Area and, in particular, the

or
setback violation on any Lot, the Board may effect such exchange without the consent of or
approval by the Members.
(f) the right of the Association to open the Common Area and, in particular, the
recreational facilities constructed thereon, for use by non-members of the Association.
(g) the right of the Association to expand or add to the Common Area and to improve,
maintain and operate the Common Area.
(h) the right of the Association to adopt, promulgate and enforce rules and regulations
concerning the use of the Common Area.
(i) the right of the Association to otherwise deal with the Common Area as provided in
the Articles of Incorporation and Bylaws of the Association.
Section 2. Delegation of Use.
(a) Family. The right and easement of enjoyment and access granted to every Owner by
Section 1 of this Article may be exercised by members of the Owner's family who occupy the
residence of the Owner within the Properties as their principal residence in Greenville County,
South Carolina.
(b) Tenants: Contract Purchasers. The right and easement of enjoyment and access.
granted to every Owner by Section 1 of this Article may be delegated by such Owner to his
tenants or contract purchasers who occupy a residence within the Properties, or a portion of said
residence, as their principal residence in Greenville County, South Carolina.
(c) Guests. The right and easement of enjoyment and access granted to every Owner
by Section 1 of this Article may be delegated to guests of such Owners, tenants or contract
purchasers, subject to such rules and regulations as may be established by the Board of Directors.
(d) Suspension of Rights. The rights of any delegate of an Owner shall be suspended by,

s or contract
purchasers, subject to such rules and regulations as may be established by the Board of Directors.
(d) Suspension of Rights. The rights of any delegate of an Owner shall be suspended by,
upon and during suspension of such Owner's rights as provided in Section 7 of Article XII of this
Declaration.
Section 3. Conveyance of Common Area To The Association. No later than the time
Declarant no longer exercises voting control over the Association as provided in Article III
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hereof, Declarant shall convey, and the Association shall accept. fee simple title to all Commen
Area (except Common Area easements) within the Properties, and shall reserve for or grant to
the Association all Common Area easements, all subject to such easements, reservations.
conditions and restrictions as then may be of record, and the Association shall accept all such
conveyances, grants and reservations, provided, however, that so long as Declarant owns any
Lots within the Properties, Declarant reserves an easement over and across any Common Area
deeded to the Association for the purpose of constructing and maintaining any improvements on
the Common Area as it deems necessary or advisable, provided that any such improvements
must comply with the requirements of the appropriate governmental authority. Any
improvements placed on the Common Area by Declarant shall become the property of the
Association upon completion of such improvements.
Section 4. Regulation and Maintenance of Common Area and Common Area Easements.
It is the intent of the Declarant that the Common Area be preserved for the perpetual benefit of
the Owners.
(a) Regulation of Common Area. The Association may adopt and promulgate rules and

asements.
It is the intent of the Declarant that the Common Area be preserved for the perpetual benefit of
the Owners.
(a) Regulation of Common Area. The Association may adopt and promulgate rules and
regulations governing the use of the Common Area by Owners and their family, guests and
invitees. No Owner or other permitted user shall use the Common Area or any portion thereof in
violation of the rules and regulations contained in this Declaration or subsequently adopted by
the Association.
Without limiting the generality of the foregoing, no Owner or tenant, guest or invitee of
an Owner shall, without the specific prior written consent of the Association: (i) damage or waste
the Common Area or improvements thereon or remove any trees or vegetation therefrom: (ii)
erect any gate, fence, structure or other improvement or thing on the Common Area; (iii) place
any garbage receptacle, trash or debris on Common Area; (iv) fill or excavate any part of the
Common Area; (v) landscape or plant vegetation on Common Area; or (vi) use the Common
Area or any part thereof in a manner inconsistent with or in any way interfering with the rights of
other Owners.
(b) Rights and Responsibilities of the Lot Owners as to Common Area Easements. Each
Owner of a Lot upon which a Common Area easement lies shall pay all property taxes and other
assessments levied against his Lot, including that portion of such tax or assessment as is
attributable to such Common Area easement.
(c) Rights and Responsibilities of the Association as to Common Area. The Association
shall have the right and obligation to ensure that the Common Area is preserved for the perpetual
benefit of the Owners, and, to that end, shall: (i) maintain the Common Area in its natural or

ciation
shall have the right and obligation to ensure that the Common Area is preserved for the perpetual
benefit of the Owners, and, to that end, shall: (i) maintain the Common Area in its natural or
improved state, as appropriate, and keep it free of impediments to its use by the Owners, subject
to the provisions of this Declaration; (ii) procure and maintain adequate liability insurance
covering the Association and its Members, Directors and officers, against any loss or damage
suffered by any person, including the Owner of the Lot upon which Common Area lies, resulting
from use of the Common Area, and adequate bazard insurance covering the real and personal
property owned in fee by the Association; and (iv) pay all property taxes and other assessments
levied against all Common Area owned in fee by the Association.
(d) Declarant's and Association's Right of Entry. The Declarant and the Association and
the employees, agents, contractors and subcontractors of each, shall have a non-exclusive right
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and easement at all times to enter upon any portion of a Lot reserved or designated as a Common
Arca easement for the purposes of: (i) installing and maintaining subdivision entrance signs.
features, fencing and landscaping; and (ii) making such improvements to the Common Area; and
(iii) maintaining the Common Area easement in its natural or improved state.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of a
Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association annual assessments and special
assessments, such assessments to be established and collected as hereinafter provided. All

ressed in such deed, is
deemed to covenant and agree to pay to the Association annual assessments and special
assessments, such assessments to be established and collected as hereinafter provided. All
assessments which are unpaid when due, together with interest and late charges set forth in
Section 9 of this Article V and all costs of collection, including reasonable attomey's fees, shall
be a charge against and, a continuing lien upon the Lot against which such assessment is made.
Each such assessment or charge, together with interest and costs of collection, including
reasonable attomeys' fees, shall also be the personal or corporate obligation of the person(s),
firms) or corporation(s) owning such Lot at the time when the assessment fell due, but such
personal obligation shall not be imposed upon such Owner's successors in title unless expressly
assumed by them. Although unpaid assessments and charges are not the personal obligation of
such Owner's successors in title unless expressly assumed by them, the unpaid assessments and
charges shall continue to be a lien upon the Lot against which the assessment or charge was
made.
It is the intent of the Declarant that any monetary fines imposed against an Owner
pursuant to the Bylaws of the Association or Section 7 of Article XII of this Declaration shall
constitute a lien against the Lot of such Owner to the same extent as if such fine were an
assessment against such Lot.
Section 2. Purposes of Assessments. The assessments levied by the Association shall be
used exclusively to promote the recreation, health, safety and welfare of the residents of the
Subdivision and, in particular, for: (i) acquisition, improvement and maintenance of properties,

shall be
used exclusively to promote the recreation, health, safety and welfare of the residents of the
Subdivision and, in particular, for: (i) acquisition, improvement and maintenance of properties,
services and facilities related to the use and enjoyment of the Common Area; (ii) repair and
reconstruction of improvements on, the Common Area, including, without limitation, the cost of
repair, replacement and additions thereto and the cost of labor, equipment, materials,
management and supervision thereof; (iii) payment of taxes and public assessments levied
against the Common Area owned by the Association in fee; (iv) procurement and maintenance of
insurance in accordance with the Section 4(c) of Article IV of this Declaration; (v) employment
of attorneys, accountants and other persons or firms to represent the Association when necessary;
(vi) payment of principal and interest on funds borrowed for Association purposes; (viii) such
other needs as may arise; and (ix) payment for the maintenance and operation of street lights.
Section 3. Annual Assessments.
(a) Maximum Annual Assessment. As provided in Section 2(a) of Article III hereof,
Declarant shall establish the Maximum Annual Assessment and initial annual assessment for
Class A Lots; thereafter, the terms "Maximum Annual Assessment", annual assessment, and
special assessment shall mean the Maximum, annual and special assessments applicable to Class
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A Lots. Until December 31, 2007. the Maximum Annual Assessment shall be $475.00 for each
Class A Lot
From and after January 1, 2008, the Maximum Annual Assessment may be increased by
the Board
of Directors
effective January 1 of each year without a vote of the Members, but
subject to the limitation

t
From and after January 1, 2008, the Maximum Annual Assessment may be increased by
the Board
of Directors
effective January 1 of each year without a vote of the Members, but
subject to the limitation
that the percentage of any such increase shall not exceed 10% of the
Maximum Annual
Assessment for the previous year unless such increase is approved as set forth
in Section 3(b), below.
From and after December 31, 2008, the Maximum Annual Assessment for Class A Lots
may be
increased without
limitation if such increase is approved by a majority of the votes cast.
in person or by proxy,
at a meeting duly called for that
purpose.
(b) Annual Assessments: Ratification of Budgets. Notwithstanding the 10% increase
restriction
contained in (a
) above, for so long as a Class B Lot exists, the Board of Directors, in
its sole discretion, shall
have the authority to adopt an annual budget. After Class B Lots cease
to exist, the Board of
Directors shall adopt a proposed budget (including the proposed annual
assessment for each Class
of Lots) at least annually. Within 30 days after adoption of the
proposed budget, the
Board of Directors shall send a copy of the proposed budget and shall give
written notice to the Members
of a meeting of the Members to consider ratification of the budget,
such meeting to be held not
sooner than 10 days nor more than 60 days after the mailing of such
notice. Such meeting may
, but need not be, combined with the annual meeting of the Members.
Except as required
by Section 7 below, there shall be no requirement that a quorum be present in
order to vote on ratification of the
budget (although a quorum must be present to vote on other
matters). The budget shall
be deemed ratified unless at that meeting Members having a majority
of the votes of the

ote on ratification of the
budget (although a quorum must be present to vote on other
matters). The budget shall
be deemed ratified unless at that meeting Members having a majority
of the votes of the
entire membership vote to reject the budget. Notwithstanding the foregoing, if
the budget provides for annual
assessments not greater than 10% larger than the assessment in
effect for the immediately
preceding year, such budget shall be deemed ratified unless Members
having at least 80%
of the votes of the entire membership vote to reject the budget. If the
proposed budget is rejected
, the budget last ratified by the Members shall be continued until such
time as the
Members ratify a subsequent budget proposed by the Board.
Any annual assessment ratified by the Members shall continue thereafter from year to
year as
the annual
assessment until changed by the Board and ratified by the Members as set
forth herein.
Section 4. Special Assessments. In addition to the annual assessments authorized above,
the Association
may
levy, in any assessment year, special assessments for the purpose of
defraying, in whole or in part,
the cost of any construction, repair or replacement of a capital
improvement on the
Common Area, including fixtures and personal property related thereto, for
repayment of indebtedness and
interest thereon, or for any other purpose, provided that any such
assessment shall have the
same assent of the Members as provided in Section 3(b) of this Article.
Section 5. Assessment Rate: Collection Period. Except as provided in Section 6 of this
Article
V, the annual and special
assessments shall be fixed at a uniform rate for all Lots within
each subclass of
Lots and may be collected on a yearly, semi-annually, quarterly or monthly

6 of this
Article
V, the annual and special
assessments shall be fixed at a uniform rate for all Lots within
each subclass of
Lots and may be collected on a yearly, semi-annually, quarterly or monthly
basis, as determined by the Board of Directors
.
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Section 6. Declarant's and Builder's Assessments. Notwithstanding any other provision of
this Declaration, the Articles of Incorporation or the Bylaws of the Association, the Declarant
and Builder shall not be obligated for, nor subject to, any annual or special assessment for any
Lot or other property that it owns within the Properties, provided, however, that the Builder shall
be responsible for paying for each Lot owned by the Builder which contains a Dwelling for
which a certificate of occupancy has been issued, an assessment equal to twenty-five percent
(25%) of the annual assessment in effect for Class A Lots, as the same may change from time to
time, computed on a 365 day year and prorated for the number of days from the date of the
issuance of the certificate of occupancy until the sale of such Lot. Upon sale of such Lot by
Builder to any other person or entity, such Lot shall be assessed at Class A rate, commencing on
the first day of the month after title to such Lot is transferred to such third party. Notwithstanding
any other provision of this Declaration, a Lot owned by the Builder which contains a Dwelling
occupied as a residence (but not as a model or sales center) shall be assessed at the rate
applicable to Class A Lots. So long as the Declarant owns any Unit for sale or Class B Lots
exist, the Declarant may in its sole and absolute discretion, but under absolutely no obligation to
do so, fund any sums needed for the operation of the Association if Annual Assessments are

ss B Lots
exist, the Declarant may in its sole and absolute discretion, but under absolutely no obligation to
do so, fund any sums needed for the operation of the Association if Annual Assessments are
insufficient for the operation of the Association. Any such subsidy will, in the Declarant's sole
and absolute discretion and election, be (a) a contribution to the Association, (b) an advance
against future Annual Assessments due from said Declarant, if any, or (c) a loan to the
Association. The amount and character (contribution, advance or loan) of such payment by the
Declarant will be conspicuously disclosed as a line item in the budget and will be made known to
the Owners. The payment of such a subsidy in any year will under no circumstances obligate the
Declarant to continue payment of such subsidy in future years, unless otherwise provided in a
written agreement between the Association and the Declarant. Any such subsidy payment by the
Declarant may be made in-kind.
Section 7. Notice and Quorum for any Action Authorized Under Sections 3(a) and 4.
After Class B lots cease to exist, written notice of any meeting called for the purpose of taking
any action authorized under Section 3(a) or 4 shall be sent to all Members not less than fifteen
(15) days nor more than thirty (30) days prior to the meeting. At such meeting, the presence of
Members, in person or by proxy, entitled to cast sixty (60%) percent of the votes of the entire
membership shall constitute a quorum. If the required quorum is not present, another meeting
may be called subject to the same notice requirements, and if called for a date not later than sixty
(60) days after the date of the first meeting, the required quorum at the subsequent meeting shall

may be called subject to the same notice requirements, and if called for a date not later than sixty
(60) days after the date of the first meeting, the required quorum at the subsequent meeting shall
be one-half (2) of the required quorum at the preceding meeting.
Section 8. Date of Commencement of Annual Assessments: Amount of Initial and
Subsequent Annual Assessments: Certificate of Payment. Unless a different commencement date
is set by the Board of Directors, the annual assessments provided for herein shall be assessed for
the period of January 1 through December 31 of each year following the conveyance of a Lot or
Unit within that phase to an Owner other than the Declarant or a Builder, provided, however, that
each Lot shall be assessed an Initial Reserve Assessment of One Hundred Fifty and No/100
Dollars ($150.00) on the date of the closing of the conveyance of the lot to an Owner other than
the Declarant or Builder. This Initial Reserve Assessment shall not be prorated, regardless of the
date of the conveyance from the Owner or Builder.
At least thirty (30) days before January 1 of each year, the Board of Directors shall fix the
amount of the annual assessment against each Lot. At least fifteen (15) days before January 1 of
each year, the Board of Directors shall send written notice of such assessment to every Owner
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subject thereto. The due dates for the payment of annual and special assessments shall be
established by the Board of Directors.
The Association shall, upon demand, and for such reasonable charge as the Board of
Directors may determine, furnish a certificate signed by an officer of the Association setting
forth whether the assessments on a specified Lot have been paid. If such certificate states that an

rd of
Directors may determine, furnish a certificate signed by an officer of the Association setting
forth whether the assessments on a specified Lot have been paid. If such certificate states that an
assessment has been paid, such certificate shall be conclusive evidence of payment.
Section 9. Effect of Nonpayment of Assessments: Remedies. An assessment not paid
within ten (10) days after the due date shall incur such late charge as the Board of Directors may
from time to time establish, and, if not paid within thirty (30) days after the due date, shall also
bear interest from the due date at the rate of eighteen percent (18%) per annum or the highest rate
allowed by law, whichever is less. The Association may bring an action at law or in equity
against the Owner personally obligated to pay the same and/or foreclose the lien against the Lot
for which such assessment is due. Interest, late payment charges, reasonable attorneys' fees, and
the costs of such action or foreclosure shall be added to the amount of such assessment. No
Owner may waive or otherwise escape liability for the assessments provided for herein by non-
use of the Common Area or by abandonment of his Lot.
Section 10. Subordination of the Lien to Mortgages. The liens provided for herein shall
be subordinate to the lien of any first mortgage or first mortgage on a Lot. Sale or transfer of a
Lot shall not affect any assessment lien; however, the sale or transfer of a Lot pursuant to
foreclosure of a first mortgage, or any proceeding in lieu of foreclosure thereof, shall extinguish
the lien of any assessment which became due prior to the date of such conveyance. No such sale
or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or

xtinguish
the lien of any assessment which became due prior to the date of such conveyance. No such sale
or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or
from the lien thereof; but the liens provided for herein shall continue to be subordinate to the lien
of any first mortgage.
Section 11. Exempt Property. All property dedicated to and accepted by a public
authority and all property owned by a charitable or non-profit organization exempt from taxation
by the laws of the State of South Carolina shall be exempt from the assessments created herein.
Notwithstanding the foregoing, no land or improvements devoted to dwelling use shall be
exempt from said assessments.
ARTICLE VI
RIGHTS OF LENDERS
Section 1. Books and Records. Any owner or holder of a first mortgage on any Lot, or its
agent, shall have the right, during normal business hours, to examine copies of this Declaration,
the Articles of Incorporation, Bylaws, and the books and records of the Association and, upon
written request to the Association, to receive a copy of the financial statement for the
immediately preceding fiscal year.
Section 2. Notice to Lenders. After Class B Lots cease to exist and upon written request
to the Association, the owner or holder of a first mortgage on any Lot shall be entitled to timely
written notice of:
(a) Any 60-day delinquency in the payment of assessments or charges owed by the
Owner of the Lot securing its loan.
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(b) A lapse, cancellation, or material modification of any insurance policy or fidelity
bond maintained by the Association.
(c) Any proposed action that requires the consent of a specified percentage of owners or
holders of first mortgages on the Lots.

of any insurance policy or fidelity
bond maintained by the Association.
(c) Any proposed action that requires the consent of a specified percentage of owners or
holders of first mortgages on the Lots.
Section 3. Approval of Owners and Holders of First Mortgage. After Class B Lots cease
to exist, unless at least seventy-five percent (75%) of the owners and holders of the first
mortgages on Lots located within the Properties have given their prior written approval, the
Association shall not:
(a) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer
any real estate or improvements thereon which are owned, directly or indirectly, by the
Association. The granting of easements for utilities or other purposes shall not be deemed a
transfer within the meaning of this subsection. Nothing herein shall be deemed to prohibit the
Association from exchanging Common Area for other real property of like utility and value as
provided in Section 1(c) of Article IV of this Declaration, or to require the approval of such
exchange by the holders of first mortgages on the Lots;
(b) Change the method of determining the obligations, assessments, dues or other
charges which may be levied against a Lot;
(c) Fail to maintain hazard insurance on insurable improvements on the Common Area
on a current replacement cost basis in an amount not less than one hundred percent (100%) of the
insurable value; or
(d) Use the proceeds of any hazard insurance policy covering losses to any part of the
Common Area for other than the repair, replacement or reconstruction of the damaged
improvements.
Section 4. Payment of Taxes and Insurance Premiums. The owners or holders of first
mortgages on Lots, jointly or singly, may pay taxes or other charges which are in default and

e damaged
improvements.
Section 4. Payment of Taxes and Insurance Premiums. The owners or holders of first
mortgages on Lots, jointly or singly, may pay taxes or other charges which are in default and
which have or may become a charge or lien against any of the Common Area and may pay
overdue premiums on hazard insurance policies or secure new hazard insurance coverage upon
the lapse of a policy covering property owned by the Association. The persons, firms or
corporations making such payments shall be owed immediate reimbursement therefor by the
Association.
ARTICLE VII
EASEMENTS
Section 1. Access and Utility Easements. Easements for the installation and maintenance
of driveways, walkways, water, gas, telephone, cable television and electric power transmission
lines, sanitary sewer and storm water drainage facilities, and for other public utility installations
are reserved as shown on the recorded plats of the Properties. The Association may reserve or
grant easements over the Common Area as provided in Article IV, Section 1(c), of this
Declaration. Within any such easement herein provided, no structure, planting or other material.
shall be placed or permitted to remain which may interfere with the installation or maintenance
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of the utilities installed thereon, or which may change the direction of flow or drainage of water
through drainage pipes or channels constructed in such easements.
For a period of thirty (30) years from the date hereof, Declarant reserves, for itself and its
employees, agents, successors and assigns, an easement upon and a right of ingress, egress and
regress on, over and under the Properties for the purposes of constructing and maintaining water,

and its
employees, agents, successors and assigns, an easement upon and a right of ingress, egress and
regress on, over and under the Properties for the purposes of constructing and maintaining water,
sewer, gas, storm water drainage and retention, telephone, cable television, and electric, and
other utility facilities to the extent required by any applicable govemmental entity or deemed by
the Declarant to be necessary or convenient for the development, use and enjoyment of the
Properties and the Common Area and for the conduct of construction, sales and marketing
activities. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any
gradings of the soil or take any other similar action that it deems reasonably necessary or
appropriate. After such action has been completed, Declarant shall grade and seed the affected
property and otherwise restore the affected property to its original condition to the extent
practicable, but shall not be required to replace any trees, bushes or shrubbery necessarily
removed. Declarant shall give reasonable notice of its intent to take such action to each Owner
whose Lot is affected.
Section 2. Easements for Governmental Access. An easement is hereby established over
the Common Area and every Lot within the Properties for the benefit of applicable governmental
agencies for installing, removing, and reading water meters, maintaining and replacing water and
sewer facilities, and acting for other purposes consistent with public safety and welfare,
including, without limitation, law enforcement, fire protection, garbage collection and the
delivery of mail.
Section 3. Owner's Easement and Right of Entry for Repair, Maintenance and

ty and welfare,
including, without limitation, law enforcement, fire protection, garbage collection and the
delivery of mail.
Section 3. Owner's Easement and Right of Entry for Repair, Maintenance and
Reconstruction. If any Dwelling is located closer than five (5) feet from its Lot line, the Owner
thereof shall have a perpetual access easement over the adjoining Lot to the extent reasonably
necessary to perform repair, maintenance or reconstruction of such Dwelling. Such work shall be
done expeditiously and, upon completion of the work, the Owner shall restore the adjoining Lot
to as nearly the same condition as that which existed prior to the commencement of the work as
is reasonably practicable. No fence shall be erected within such area adjoining a Dwelling.
Section 4. Association's Easement and Right of Entry. The Association, for itself and its
employees, agents, contractors, subcontractors and invitees, shall have a perpetual access
easement over the each Lot to the extent reasonably necessary to perform the maintenance to be
performed by the Association.
Section 5. Easement Over Common Area. An perpetual, non-exclusive easement over the
Common Area is hereby granted to each Lot and its Owners, family members and tenants of
'such Owners, the occupants of such Lot, and guests and invitees of such Owners, tenants or
occupants, for the purpose of providing access, ingress and egress to and from streets, parking
areas and walkways serving the Properties.
ARTICLE VIII
ARCHITECTURAL CONTROL
Section 1. Architectural Approval. The Declarant shall have the sole and absolute right
to determine the style and appearance of the Dwellings, including, but not limited to, fences,
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CONTROL
Section 1. Architectural Approval. The Declarant shall have the sole and absolute right
to determine the style and appearance of the Dwellings, including, but not limited to, fences,
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walls. buildings, outbuildings, garages, storage sheds, mailboxes, lawn decorations, structures of
any type or color
thereof, grading, landscaping, patio covers and trellises, plans for off-street
parking of vehicles and
utility layout, and any other improvements to be built or constructed on
any Lot (hereinafter individually
and collectively referred to as "Improvements").
After occupancy of a Dwelling as a residence pursuant to a certificate of occupancy or
other
similar certificate issued
by the appropriate governmental authority, no Improvements
(including, without limitation,
replacement of any previously existing Improvements) shall be
commenced, erected or maintained
upon the Properties, nor shall any exterior addition to or
change or alteration thereof
be made (including, without limitation, changing materials or color
of any exterior portion
of any such Improvements), nor shall a building permit for such
Improvements or change be
applied for or obtained, until plans and specifications showing the
nature, kind, shape, heights,
materials, color and location of same shall have been submitted to
and approved in
writing by the Association or by an Architectural Review Committee ("ARC")
composed of three
or more persons appointed by the Board of Directors of the Association. If the
Association or its
designee fails to approve or disapprove such proposed Improvements within
60 days after complete plans and
specifications have been received by it, approval will not be
required, and this Article shall
be deemed to have been complied with. The Association shall

ments within
60 days after complete plans and
specifications have been received by it, approval will not be
required, and this Article shall
be deemed to have been complied with. The Association shall
have the right to charge a
reasonable fee, not to exceed $25.00, for receiving and processing each
application.
The Declarant and, after the Declarant no longer owns any Lot or Unit within the
Properties
, the Association
, shall have the right to promulgate and from time to time amend
written architectural standards
and construction specifications (hereinafter the "Architectural
Guidelines") which may establish
, define and expressly limit the standards and specifications
which will be approved,
including, but not limited to, architectural style, exterior color or finish,
roofing material, siding
material, driveway material, landscape design and construction
technique. Neither the
Association nor the ARC shall approve any Improvements which it
determines, in its sole discretion
, not to be in harmony of external design, construction and/or
location in relation to the
surrounding structures, topography or the general plan of development
of the Subdivision.
Neither the Declarant, the Association, the Board of Directors, the ARC, nor any member
or employee
of any
of them, shall have any liability to any person or entity by reason of any acts
taken or omitted by them, or
any of them, in good faith pursuant to this Article.
Section 2. Rules and Regulations. The ARC may from time to time recommend to the
Board,
and the Board may
, in its sole discretion, adopt, promulgate, amend and repeal rules and
regulations interpreting and
implementing the provisions of this Article VIII, including adoption
of detailed architectural

may
, in its sole discretion, adopt, promulgate, amend and repeal rules and
regulations interpreting and
implementing the provisions of this Article VIII, including adoption
of detailed architectural
guidelines and the imposition of a fee or charge for review of proposed
improvements or modifications.
Section 3. Variances. The ARC may recommend to the Board, and the Board may, by
the vote
or written
consent of a majority of the members thereof, allow reasonable variances as
to the covenants, conditions
or restrictions contained in this Declaration, on such terms and
conditions as it
shall require; provided, however, that all such variances shall be in keeping with
the general plan for the
improvement and development of the Property. Variances contained in
plans that are
inadvertently approved by the ARC as part of the proposed improvements shall not
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be considered as having been approved unless specifically approved by the Board in accordance
with the provisions of this Section.
ARTICLE X
RIGHTS AND RESPONSIBILITIES OF THE ASSOCIATION
Section 1. Responsibilities. The Association, subject to the rights of the Owner set forth
in this Declaration, shall be responsible for the exclusive management and control of the
Common Area and shall keep the Common Area in good, clean and proper condition, order and
repair. The Association shall be responsible for the payment of all costs, charges and expenses
incurred in connection with the operation, administration and management of the Common Area
and the performance of its other obligations hereunder. The Association shall operate and
maintain areas designated by the Declarant as Common Areas, whether or not title to such areas
has been formally conveyed to the Association. The Association shall also be responsible for

operate and
maintain areas designated by the Declarant as Common Areas, whether or not title to such areas
has been formally conveyed to the Association. The Association shall also be responsible for
enforcement of the covenants and restrictions contained in this Declaration.
Section 2. Manager. The Association may employ and pay for the services of a person or
entity, including the Declarant (the "Manager"), to assist the Association in managing its affairs
and carrying out its responsibilities hereunder and such other persons or entities, including
attorneys and accountants, as the Association deems necessary or advisable, whether such
persons or entities are engaged, furnished of employed by the Manager or directly by the
Association. The Association may enter into a Management Agreement for such management
services upon such terms as the Board of Directors may deem appropriate. The payment of
management fees due to the Declarant may, at Declarant's option, be deferred until such later
date as Declarant, in its sole discretion, deem appropriate. Furthermore, any management fees
due to Declarant may, at Declarant's option, be credited against any assessments due or to be
coming due from the Declarant.
Section 3. Personal Property for Common Use. The Association may acquire and hold
tangible and intangible personal property and may dispose of the same by sale or otherwise,
subject to such restrictions, if any, as may from time to time by provided in the Articles of
Incorporation or Bylaws of the Association.
Section 4. Insurance: Bonds. The Association shall procure and maintain adequate
liability insurance covering the Association. The Association shall also procure and maintain full

of the Association.
Section 4. Insurance: Bonds. The Association shall procure and maintain adequate
liability insurance covering the Association. The Association shall also procure and maintain full
replacement value hazard insurance on real and personal property owned by the Association, and
shall procure and maintain officers', directors' and employees' liability insurance, and such other
insurance as it deems necessary or advisable. The premiums for such insurance shall be a
common expense paid from the annual assessments provided in Article V of this Declaration.
The Association may cause any or all persons responsible for collecting and disbursing monies
of the Association to be bonded.
Section 5. Implied Rights. The Association may exercise any other right or privilege and
take any action authorized by this Declaration, the Association's Articles or Bylaws, or the South
Carolina nonprofit Corporation Act, as from time to time amended, and every other right or
privilege reasonably necessary to effectuate the exercise of any right or privilege or the taking of
any action authorized herein or therein.
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Section 6. Declarant's Reserved Rights; Association's Obligation of Cooperation. The
Association
shall accept
conveyance of any Common Area conveyed to it, in fee or by easement.
by Declarant or, at the
request of Declarant. by an owner of any property within or to be annexed
into the Properties and, upon
request of Declarant and without further consideration, shall
execute any document
necessary to evidence such acceptance.
Until such time as Declarant and Builders have completed all of the contemplated
improvements
and have sold all of the
Lots within the Subdivision:
4

ny document
necessary to evidence such acceptance.
Until such time as Declarant and Builders have completed all of the contemplated
improvements
and have sold all of the
Lots within the Subdivision:
4
(a) Declarant shall have the right to alter the boundaries of the Common Area, whether or
not it has
been previously
deeded to the Association, provided that such alteration does not
substantially, materially and
adversely affect the function and use of the Common Area. The
Association and each
Owner hereby irrevocably appoints the Declarant as his attomey-in-fact to
execute and/or deliver any
documents, plats, deeds, or other written matters necessary or
convenient to accomplish the
addition of Common Area or Properties, or both, to create
easements as deemed
necessary by Declarant, and to adjure the boundary or boundaries of the
Common Area.
(b) Neither the Association nor its Members, nor the use of the Common Area by the
Association
and its Members,
shall interfere with or impede the completion of the improvements
or the marketing and sale by the
Declarant and the Builder of Lots and homes.
(c) Declarant and each Builder shall have the right to make such use of Lots and the
Common
Area as may
facilitate completion of development and sale of Lots and Units by the
Declarant and the Builder. Without
limiting the foregoing, Declarant shall have the right to
maintain or permit the
Builder or others to maintain sales offices, model Dwellings and Units,
administrative offices, and
construction offices (which may be trailers or temporary or
permanent buildings), or any
or all of same, on Lots or the Common Area. Declarant and the
Builder shall also
have the right to erect and maintain signs on Lots and/or the Common Area, to
bring prospective purchasers

ngs), or any
or all of same, on Lots or the Common Area. Declarant and the
Builder shall also
have the right to erect and maintain signs on Lots and/or the Common Area, to
bring prospective purchasers
upon the Common Area, to-use the Common Area for sales and
marketing activities
for the Subdivision, to grant the right to use the Common Area to a
prospective purchasers
or any other individual or group, in Declarant's sole discretion, and to
conduct any and all other
marketing activities deemed appropriate by the Declarant, and to
permit the Builder and others
to exercise such rights in conjunction with or separate from the
Declarant.
(d) Subject to the provisions of Section 1(d) of Article IV of this Declaration, Declarant
shall have
the right, but not
the obligation, to loan money to the Association in such amounts and
upon such terms and
conditions as to which the Declarant may agree. Payments due to the
Declarant under any such loans
may, at Declarant's option, be credited against any assessments
coming due at any time from the Declarant.
(e) In addition to all other rights of the Declarant, no amendment shall be made to this
Declaration
, and no rule
or regulation shall be adopted, interpreted or enforced by the
Association, so as to
modify the assessments or other charges applicable to the Declarant or a
Builder or assessed against
the Lots owned by either, or which shall restrict, impair, or, in
Declarant's sole judgment, materially
adversely affect the activities of the Declarant or the
Builder with regard to
construction, use of Common Area and delegation of the right to use the
Common Area, or the marketing
and sale of Lots by the Declarant and Builder, whether or not
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the
Builder with regard to
construction, use of Common Area and delegation of the right to use the
Common Area, or the marketing
and sale of Lots by the Declarant and Builder, whether or not
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such activities are enumerated in the preceding paragraphs, without the express prior written
consent of Declarant
.
In exercising any of the rights provided or granted under this Article X, neither Declarant,
nor the Association shall revoke, modify or amend this Declaration in a manner that reduces the
size
of the Common Area to less than, the area required by the appropriate governmental
authority as of
the date of this Declaration.
ARTICLE XI
USE RESTRICTIONS
Section 1. Business Use Prohibited. No trade, business, profession or other type of
commercial activity shall be carried on upon any Lot, except that the Declarant, the Builder, real
estate brokers, Owners and their agents may show Lots for sale or lease. Notwithstanding the
foregoing, the Declarant and each Builder and the agents and employees of each, shall have the
right to: (i) use Lots and improvements erected thereon for sales offices, field construction
offices
, storage facilities, and its own general business offices; (ii) maintain fluorescent-lighted
or spot-lighted model homes which may be open to the public for inspection 7 days per week for
such hours
as the Declarant or Builder deems appropriate or necessary; (iii) conduct any other
activities on Lots to benefit sales efforts; and (iv) use the parking facilities on the Common Area
for parking for its employees and invitees.
Section 2. Use of Accessory Structures. No tent, shack, bam, car port, metal awnings,
metal utility sheds or other building, other than a Dwelling and its garage, shall be erected on a

s and invitees.
Section 2. Use of Accessory Structures. No tent, shack, bam, car port, metal awnings,
metal utility sheds or other building, other than a Dwelling and its garage, shall be erected on a
Lot, and used temporarily or permanently as a residence, nor shall any such structure be used for
any other purpose. Notwithstanding the foregoing, the Declarant and, with the approval of the
Declarant, a Builder, may use temporary buildings, offices or facilities in connection with the
marketing, sale and construction of Units.
Section 3. Maintenance of Improvements. Each Owner shall maintain in good condition
and repair all improvements constructed upon such Owner's Lot, including, without limitation,
the Dwelling. No Owner shall change the exterior design or color of the Dwelling on such
Owner's Lot, including the roof thereof, except in compliance with Article VIII hereof.
Section 4. Storage: Clothes Hanging. No Lot or Common Area shall be used for the
storage of rubbish. Outside clothes hanging devices shall not be permitted.
Section 5. Nuisances. No noxious or offensive trade or activity shall be carried on upon
any Lot or the Common Area, nor shall anything be done thereon which may be or become an
annoyance or nuisance to the neighborhood. No automobile or other vehicle mechanical repairs
or like activity shall be conducted within the Properties other than in a garage and concealed
from public view.
Section 6. Lawns. Each Lot on which there is a completed Dwelling shall be maintained
in a neat condition by the Owner thereof or, as appropriate, the Association or a Subassociation.
In this context, the word "Lot" shall include that portion of the property from the outside of the

ned
in a neat condition by the Owner thereof or, as appropriate, the Association or a Subassociation.
In this context, the word "Lot" shall include that portion of the property from the outside of the
structure on the applicable Lot to the adjacent paved road surface. "Neat" shall require, at a
minimum, that the lawn be regularly cut and fertilized and that mulched areas be regularly re-
mulched and kept weeded so that its appearance is in harmony with the neighborhood. No Owner
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shall allow the grass on a Lot to grow to a height in excess of six (6) inches, measured from the
surface of the ground. All
improved Lots must have grass lawns; no gravel or similar type lawns
are permitted.
Section 7. Failure to Maintain. If an Owner fails to maintain the Lot or the improvements
thereon
, the Association
or the appropriate Subassociation, after giving such Owner at least ten
(10) days' written notice, shall
be authorized to undertake such maintenance at the Owner's
expense. By accepting
title to his Lot, each Owner shall be deemed to grant access upon the
Owner's Lot and Dwelling for
such purpose and such entry shall not constitute a trespass. If such
maintenance is undertaken by the
Association, Subassociation or Declarant, the charge therefor
and all costs of enforcement and
collection shall be secured by a lien against the Lot as provided
in Article V hereof.
Section 8. Animals. No animals, livestock or poultry of any kind shall be raised, bred, or
kept on
any Lot, except
that a reasonable number of cats, dogs, and other household pets may be
kept provided they are kept within
the residence and are not kept, bred, or maintained for any
commercial purposes or
become a nuisance to the neighborhood. No person owning or having
custody of an animal shall allow the

re kept within
the residence and are not kept, bred, or maintained for any
commercial purposes or
become a nuisance to the neighborhood. No person owning or having
custody of an animal shall allow the
animal to stray or go upon another Owner's Lot without the
consent of such other Owner. No
animals shall be permitted on or in the Common Area at any
time except as permitted
by the rules and regulations of the Association or by applicable law. All
animals shall be on a leash when
outside the Owner's Dwelling.
Section 9. Signs. No signs shall be displayed on any Lot with the exception of one "For
Sale"
or
"For Rent" sign not
exceeding 36" x 24" in size and signs of not more than ten (10)
square
feet expressing support
of or opposition to political candidates or other issues which will
appear on the ballot
of
a
primary, general or special election, provided that such political signs
shall not be placed on a Lot
carlier than sixty (60) days before such election and shall be
removed within two (2) days
after such election. The Association may develop uniform sign
standards and specifications to
which all Owners must adhere. No sign of any kind shall be
displayed in or on the Common
Area without the prior written consent of the Association.
Notwithstanding the
foregoing, Declarant and, with the consent of and upon such conditions as
Declarant, in its sole discretion,
might impose, a Builder shall have the right to erect and
maintain signs of any type and
size on any Lot which it owns and on the Common Area, in
connection with the development
and sale of the Properties.
Section 10. Water Retention Areas. The Association shall be responsible for maintaining
the portions
of the storm water
drainage system which are within the Common Area, including
the water quality and quantity

. Water Retention Areas. The Association shall be responsible for maintaining
the portions
of the storm water
drainage system which are within the Common Area, including
the water quality and quantity
standards of the approved plans, to the extent required by law. A
drainage easement is hereby
dedicated to the Association for the purpose of maintaining the
storm water system to meet
water quality and quantity design standards of the approved plans
and any future governmental laws
, rules or regulations.
Each Owner of a Lot which borders a water retention area shall maintain any portion of
that Owner's
Lot lying within a
retention area free of debris but shall not remove any wetlands
species or do anything that would
affect adversely water quality within the water retention area.
Swimming and bathing in water retention areas are prohibited. Docks or other structures
shall not
be erected in water
retention areas without the prior written consent of the Association.
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All other uses of water retention areas shall be subject to the prior written approval of the
Association and such rules and regulations as the Association may adopt from time to time.
Section 11. Vehicles, Boats and Trailers. No vehicle of any kind shall be parked on any
Lot except on a paved parking surface or driveway or within a garage. No truck or vehicle used
primarily for commercial purposes (other than those temporarily present on business) and no
trailer (except boat trailers and camper trailers) may be parked within the Properties. Any
vehicle not in operable condition and validly licensed, may be kept on a Lot if kept inside a
garage and concealed from public view. For the purpose of the preceding sentence, the term

Properties. Any
vehicle not in operable condition and validly licensed, may be kept on a Lot if kept inside a
garage and concealed from public view. For the purpose of the preceding sentence, the term
"kept" shall mean present for either a period of more than ten (10) hours or overnight, whichever
is less.
Section 12. Walls, Fences, and Hedges. All walls, fences, planters and hedges shall be
controlled strictly for compliance with this Declaration and architectural standards established by
the Declarant or the ARC.
No wall, fence, planter or hedge in excess of two (2) feet in height shall be erected or
maintained on a side lot line forward of a point located three (3) feet back from the front exterior
corners of the main residential structure located on a Lot. For the purpose of this provision the
front wall of the main residential structure excludes bay or box windows, chimney structures or
any other similar appendage.
No perimeter wall, fence, or hedge in excess of six (6) feet in height shall be erected and
maintained on a side lot line from a point located three (3) feet back from the front exterior
corner of the main residential structure, backward to the rear property line on a Lot and along the
rear property line of the Lot.
On corner lots, side yard fences must be set back from the side property line a minimum
of one-half (1/2) of the side building line setback shown on the plat.
The design and materials of all fences shall be approved by the ARC prior to construction
pursuant to the approval requirements of Article VIII, Section 1, of this Declaration.
Section 13. Antennae and Roof Structures. No radio or other electrical towers, aerials,
antennae,, or other devices of any type for the reception or transmission of radio broadcasts or

is Declaration.
Section 13. Antennae and Roof Structures. No radio or other electrical towers, aerials,
antennae,, or other devices of any type for the reception or transmission of radio broadcasts or
other means of communication shall be erected, constructed, placed or permitted to remain on
any Lot or upon any improvements thereon, except that this prohibition shall not apply to those
antennae specifically covered by 37 C.F.R. Part 1, Subpart S, Section 1.4000 (or any successor
provision) promulgated under the Telecommunications Act of 1996, as amended from time to
time. The Association shall be empowered to adopt rules governing the types of antennae that are
permissible hereunder and establishing reasonable, non-discriminatory restrictions relating to
safety, location and maintenance of antennae.
An antenna permissible pursuant to rules adopted by the Association may be installed
only if it is approved by the Association pursuant to Article VIII hereof.
Section 14. Visual Obstructions at the Intersections of Public Streets. No object or thing
which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways
within the triangular area formed by the junction of street curb lines and a line connecting them
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at points twenty-five (25) feet from the junction of the street curb lines (or extensions thereb
shall be placed. planted or permitted to remain on any corner lots.
Section 15. Leased Units. An Owner may lease or sublet his Unit; provided, however,
that any lease or sublease must be for at least six (6) months, in writing and contain the following
provision:
"Tenant shall obey, adhere to and be bound by all provisions of the Declaration Of
Covenants, Conditions And Restrictions For the Fairview Chase Subdivision, recorded in the

n the following
provision:
"Tenant shall obey, adhere to and be bound by all provisions of the Declaration Of
Covenants, Conditions And Restrictions For the Fairview Chase Subdivision, recorded in the
Office of the Register of Deeds of Greenville County, South Carolina. Tenant acknowledges that
he has received of a copy such Declaration-and the rules and regulations of the Association and
is familiar with the provisions of same."
If an Owner fails to include said provision in any lease or sublease, it shall be
conclusively deemed to be included and part of said lease or sublease. Owner shall fumish the
Association a copy of any leases or subleases of his Unit.
Section 16. Minimum Size of Units. All Units constructed within the Properties shall be
1200 square feet or larger.
Section 17. Attached Garages. All Units constructed within the Properties shall contain
an enclosed garage that is permanently attached to and part of the Unit and such garage shall be
large enough to accommodate at least one automobile.
Section 18. Seasonal or Holiday Decorations. (e.g., Christmas trees and lights,
pumpkins, Easter decorations) shall be removed from each Lot or residential dwelling within a
reasonable period of time after such holiday passes. The ARC has the sole discretion to
determine what is a reasonable period of time for seasonal or holiday decorations to exist after
the holiday passes and its determination shall be final.
Section 19. Deviations. Declarant at its sole discretion, is hereby permitted to approve
deviations to restrictions in Article XI in instances where in its judgment, such deviation will not
adversely affect the development of the Property as a whole. Such approvals inust be granted in

ove
deviations to restrictions in Article XI in instances where in its judgment, such deviation will not
adversely affect the development of the Property as a whole. Such approvals inust be granted in
writing and when given will automatically amend these restrictions for that certain Lot only.
ARTICLE XII
GENERAL PROVISIONS
Section 1. Enforcement. The Association or any Owner shall have the right to enforce, by
proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this Declaration. Failure by the
Association or an Owner to enforce any covenant or restriction herein contained shall in no event
be deemed a waiver of the right to do so thereafter. Further, the Board of Directors shall have the
right to record in the appropriate land records a notice of violation of this Declaration or the
Bylaws of the Association, or any rules, regulations, use restrictions, or design guidelines
promulgated by the Association and to assess the cost of recording and removing such notice
against the Owner in violation of the Declaration.
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Section 2. Severability. Invalidation of anyone of these covenants or restrictions
judgment or court order shall in no way affect any other provision, which shall remain in full
force and effect.
Section 3. Amendment. For so long as Declarant owns any Lot or Unit within the
Properties, this Declaration may be amended by the Declarant, without the consent or joinder of
any other Owner or the Association. Any such amendment shall be effective upon recording of
same in the Office of the Register of Deeds of Greenville County, South Carolina. No
amendment shall be binding upon any Lot or Owner until fifteen (15) days after a copy of such

ive upon recording of
same in the Office of the Register of Deeds of Greenville County, South Carolina. No
amendment shall be binding upon any Lot or Owner until fifteen (15) days after a copy of such
amendment has provided to such Owner.
The covenants and restrictions of this Declaration, and any amendments thereto, are
appurtenant to and shall run with and be binding upon the Properties and the Owners thereof for
a term of twenty-five (25) years from the date this Declaration is recorded, after which time they
shall be automatically extended for successive periods of ten (10) years unless terminated or
amended by a vote of the Owners as set forth below.
Subject to the provisions of Section 8(e) hereof and after Class B Lots cease to exist, this
Declaration may be terminated or amended during the first twenty-five year period by an
instrument
signed by the Owners of not less than seventy-five percent (75%) of the Lots, and
thereafter by an instrument signed by the Owners of not less than sixty-seven percent (67%) of
the Lots, provided, however, that so long as there is Class B membership, no amendment
adopted by the Owners shall be effective unless and until such amendment is approved in writing
by the Declarant. Amendment or termination shall be by written instrument signed by the
appropriate persons or entities and recorded in the Office of the Register of Deeds of Greenville
County, South Carolina, and upon recordation, shall be binding on all Lots and Units within the
Properties and the Owners thereof, without regard to whether the Owner of such Lot voted for or
against or signed or did not sign the amendment.
Section 4. Interpretation. Headings used herein are for indexing purposes only and shall

, without regard to whether the Owner of such Lot voted for or
against or signed or did not sign the amendment.
Section 4. Interpretation. Headings used herein are for indexing purposes only and shall
not be used as a means of interpreting or construing any provision hereof. Unless the context
otherwise requires, the use herein of the singular shall include the plural and vice versa; the use
of one gender shall include all genders; and the use of the word "including" shall mean
"including, without limitation". This Declaration and the provisions thereof shall be construed
and enforced in accordance with the laws of the State of South Carolina.
Section 5. Subdivision of Lots. No Lot within the Subdivision may be subdivided by sale
or otherwise so as to reduce the total Lot area shown on the recorded plat, except by or with the
consent of the Declarant and, if required, by the appropriate governmental authority.
Section 6. Declarant's Right To Change Development. With the approval of the
appropriate governmental authority, and subject only to such terms and conditions as said
authority may impose, Declarant shall have the right, without consent or approval of the Owners,
to create Lots and Units, add Common Area, and reallocate Lots or Units within the Properties.
X
Section 7. Rules and Regulations: Enforcement. The Board of Directors shall have the
authority to adopt additional rules and regulations governing the use of the Common Area and
the Lots
within the Subdivision and shall furnish a written copy of said rules and regulations to
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the Owners) of each Lot at least fifteen (15) days before such rules and regulations become
effective.
In addition to any other rights and remedies that the Association may have under the

to
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the Owners) of each Lot at least fifteen (15) days before such rules and regulations become
effective.
In addition to any other rights and remedies that the Association may have under the
Bylaws and this Declaration, the Association may impose sanctions for a violation of this
Declaration, the Bylaws of the Association, the rules and regulations adopted Association, and
any restrictive covenants applicable to the Properties, in accordance with procedures set forth in
the Bylaws, which sanctions may include, without limitation, reasonable monetary fines, which
shall constitute a lien upon the Lot of the violator, and suspension of the right to vote and the
right to use the Common Area any facilities thereon.
In addition, as provided in the Bylaws, the Association may exercise self-help to cure
violations (specifically including, but not limited to, the towing of Owner and tenant vehicles
that are in violation of parking rules) and may suspend the right of an Owner to use any Common
Area and recreational facility within the Properties if the Owner is more than 30 days delinquent
in paying any assessment or other charge due to the Association.
The Association shall at all times have the right and easement to go upon any Lot for the
purposes of exercising its rights hereunder, including, but not limited to, enforcement of the
architectural guidelines applicable to the Properties. Any entry onto any Lot for purposes of
exercising this power of self-help shall not be deemed as trespass. All remedies set forth in this
Declaration and the Bylaws shall be cumulative of any remedies available at law or in equity. In
any action to enforce its rights and remedies, if the Association prevails, it shall be entitled to

his
Declaration and the Bylaws shall be cumulative of any remedies available at law or in equity. In
any action to enforce its rights and remedies, if the Association prevails, it shall be entitled to
recover all costs, including, without limitation, attorneys' fees and court costs, incurred in such
action.
The Association shall not be obligated to take action to enforce any covenant, restriction
or rule which the Board reasonably determines is, or is likely to be construed as, inconsistent
with applicable law, or in any case in which the Board reasonably determines that the
Association's position is not strong enough to justify taking enforcement actions. Any such
determination shall not be construed as a waiver of the right to enforce such provisions under
other circumstances or to estop the Association from enforcing any other covenant, restriction or
rule.
Section 8. Dispute Resolution.
(a) Consensus for Association Action.
(1) Except as provided in this Section, the Association may not commence a legal
proceeding or an action under this Article without the approval of at least two-thirds of the
Members. The foregoing shall not apply to: (i) actions brought by the Association to enforce the
provisions of this Declaration, the Bylaws, or rules and regulations adopted by the Association
(hereinafter collectively referred to as the ("Governing Documents"); (ii) the imposition and
collection of assessments; (iii) proceedings involving challenges to ad valorem taxation: or (iv)
counterclaims brought by the Association in proceedings against it.
(2) Prior to the Association or any Member commencing any proceeding to which
Declarant is a party, including, without limitation, a proceeding based on an alleged defect in any

roceedings against it.
(2) Prior to the Association or any Member commencing any proceeding to which
Declarant is a party, including, without limitation, a proceeding based on an alleged defect in any
improvement, Declarant shall have the right to be heard by the Members, or the particular
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Member, and to have access to inspect and correct the condition of or redesign any portion of
any
improvement as to which a defect is alleged or to otherwise correct or resolve the dispute.
(b) Alternative Method for Resolving Disputes. Declarant, its officers, directors,
employees and agents, the Association, its officers, directors and committee members, all
Owners, Members, any Builder, its officers, directors, employees and agents, and any other
person or entity not otherwise subject to this Declaration who agrees to submit to this Section 8
(each such person or entity being herein referred to as a "Bound Party" or, in groups, as the
"Bound Parties") each agrees to encourage the amicable resolution of disputes, without the
emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees
to
submit those claims, grievances and disputes described in Subsection (c) hereof (herein
referred
to as the "Claims") to the procedures set forth in Subsection (d) hereof.
(c) Claims. Unless specifically exempted below, all Claims between any of the Bound
Parties, regardless of how such Claims might have arisen or on what they might be based,
including, but not limited to, Claims: (i) arising out of or relating to the interpretation,
application
or enforcement of the Governing Documents or the rights, obligations and duties of
any
Bound Party under the Governing Documents; (ii) relating to the design and construction of
improvements

plication
or enforcement of the Governing Documents or the rights, obligations and duties of
any
Bound Party under the Governing Documents; (ii) relating to the design and construction of
improvements
; or (iii) based on any statements, representation, promises, warranties, or other.
communications alleged to have been made by or on behalf of any Bound Party, shall be subject
to the provisions
of Subsection (d) hereof.
Notwithstanding the foregoing, unless all parties to any such dispute otherwise agree in
writing,
the
following shall not be deemed to be Claims covered by this Subsection (c) and shall
not
be subject to the provisions of Subsection (d):
(1) any proceeding by the Association against any Bound Party to enforce the provisions
of Article
V
of this Declaration:
(2) any proceeding by the Association or the Declarant to obtain a temporary restraining
order or injunction (or equivalent equitable relief) and such other ancillary relief as the court may
deem necessary in order to maintain the status quo and preserve the Association's or the
Declarant's ability to act under and enforce the provisions of Articles VIII and XI of this
Declaration;
(3) any proceeding between or among Owners, which does not include the Declarant, a
Builder, or the Association as a party, if such proceeding asserts a Claim which would constitute
a cause
of action independent of the Governing Documents, or
(4) any proceeding in which no Bound Party is an indispensable party.
With the consent of all parties thereto, any dispute involving any of the foregoing
excepted actions may be submitted to the alternative dispute resolution procedures set forth in
Subsection (d).
(d) Mandatory Procedures.
(1) Notice. Any Bound Party having a Claim (the "Claimant") against any other Bound

be submitted to the alternative dispute resolution procedures set forth in
Subsection (d).
(d) Mandatory Procedures.
(1) Notice. Any Bound Party having a Claim (the "Claimant") against any other Bound
Party (the "Respondent") (the Claimant and the Respondent being herein individually referred to
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COPY
as a "Party" and collectively as the "Parties") shall notify each Respondent in writing (the
"Notice"). stating plainly and concisely:
(i) the nature of the Claim, including the persons or entities involved and the
Respondent's role in the Claim:
(ii) the legal basis of the Claim (i.e., the specific provisions of the Governing
Documents or other authority out of which the Claim arises);
(iii) the proposed remedy; and
(iv) the fact that Claimant will meet with Respondent to discuss in good faith
ways to resolve the Claim.
(2) Negotiation and Mediation.
(i) The Parties shall make every reasonable effort to meet in person and confer
for the purpose of resolving the Claim by good faith negotiation. If requested in uniting,
accompanied by a copy of the Notice, the Board of Directors of the Association may appoint a
representative to assist the Parties in their negotiations.
(ii) If the Parties do not resolve the Claim within 30 days after the date of the
Notice (or within such other time period as may be agreed upon by the Parties), Claimant shall
have an additional 30 days in which to submit the Claim to mediation under the auspices of the
American Arbitration Association ("AAA") in accordance with the AAA's Commercial or
Construction Industry Mediation Rules, as appropriate.
(iii) If Claimant does not submit the Claim to mediation within such time, or does
not appear for the mediation. Claimant shall be deemed to have waived the Claim, and

Mediation Rules, as appropriate.
(iii) If Claimant does not submit the Claim to mediation within such time, or does
not appear for the mediation. Claimant shall be deemed to have waived the Claim, and
Respondent shall be released and discharged from any and all liability to Claimant on account of
such Claim; provided, nothing herein shall release or discharge the Respondent from any liability
to any person or entity other than the Claimant.
(iv) Any settlement of the Claim through negotiation or mediation shall be
documented in writing and signed by the Parties. If the Parties do not settle the Claim within 30
days after submission of the matter to AAA mediation, or within such other time as may be
determined by the mediator or agreed to by the Parties, the mediator shall issue a written notice
of termination of the mediation process, which notice shall state that the Parties are at an impasse
and set forth the date that mediation was terminated (hereinafter "Termination of Mediation").
(v) Each Party shall bear its own costs of the mediation, including attorneys' fees,
and each Party shall share equally all fees and expenses of the mediator and the administrative
fees of mediation. If the Parties agree to a resolution of a Claim through negotiation or mediation
as set forth in this Subsection (d), and any Party thereafter fails to abide by the terms of the
settlement agreement, any other Party may file suit or initiate arbitration proceedings to enforce
the agreement without the need to again comply with the procedures set forth in this Subsection
(d). In such event, the Party taking action to enforce the agreement shall be entitled to recover
from the non-complying Party (or, if more than one Party is in noncompliance, from all non-

Subsection
(d). In such event, the Party taking action to enforce the agreement shall be entitled to recover
from the non-complying Party (or, if more than one Party is in noncompliance, from all non-
complying Parties pro rata) all costs incurred by such Party in enforcing the agreement
including, without limitation, attorneys' fees and court costs.
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(3) Binding Arbitration.
(1) After Termination of Mediation, Claimant shall be entitled to submit the
Claim to final, binding arbitration under the auspices of the AAA in accordance with the AAA's
Commercial or Construction Industry Arbitration Rules, as appropriate. No Claim subject to this
Subsection (d), whether by the provisions thereof or by agreement of the Parties, shall be
submitted to or decided by or in a court of law. Any judgment upon the award entered by the
arbitrator may be entered in and enforced by a court of competent jurisdiction. If the amount
claimed by the Complainant or, by the Respondent in a counterclaim, exceeds $250,000, the
Claim shall be heard and determined by three arbitrators. Otherwise, unless the Parties otherwise
agree, the Claim shall be heard and determined by an arbitrator. An arbitrator shall have
expertise in the areas) of the Claim, which may include legal expertise if legal issues are
involved.
(ii) Each Party shall bear its own costs of the arbitration, including attomeys'
fees, and each Party shall share equally all fees and expenses of the arbitrator and the
administrative fees of arbitration.
Notwithstanding the foregoing, if a Party unsuccessfully contests the validity or scope of
arbitration in a court of law, the non-contesting Party shall be awarded reasonable attorneys' fees

itration.
Notwithstanding the foregoing, if a Party unsuccessfully contests the validity or scope of
arbitration in a court of law, the non-contesting Party shall be awarded reasonable attorneys' fees
and expenses incurred in defending such contest. All decisions regarding the arbitrability of any
Claim shall be decided by the arbitrator(s).
(iii) The award of the arbitrators shall be accompanied by detailed written
findings of fact and conclusions of law. Except as required by law or for confirmation of an
award, neither a Party nor an arbitrator may disclose the existence, content, or results of any
arbitration hereunder without the prior written consent of all Parties involved in the arbitration.
(e) Amendment of Subsection. Notwithstanding any other provision of this Declaration,
this Article XII Section 8 may not be amended prior to the expiration of 20 years from the date
of recording of this Declaration without the prior written consent of the Declarant.
(f) Notwithstanding anything to the contrary contained in this Subsection 8, the
Declarant, Association, Members, Owners, and any person not otherwise subject to the
Declaration who agrees to submit to this Article XII Section 8 (collectively, "Bound Parties")
agree to encourage the amicable resolution of disputes between and among themselves, as well
as the architect, engineer or other design professional, and the construction contractor of the
Subdivision, each of whom are intended to be, and shall be, a third-party beneficiary hereof,
involving the Declaration or the Subdivision, and to avoid the emotional and financial costs of
litigation. Accordingly, each Bound Party covenants and agrees that all claims, grievances and

y hereof,
involving the Declaration or the Subdivision, and to avoid the emotional and financial costs of
litigation. Accordingly, each Bound Party covenants and agrees that all claims, grievances and
disputes, including those in the nature of counterclaims or cross-claims, and whether based upon
contract, tort, statute, common law or otherwise, between and among Bound Parties involving
the Declaration or the Association (but not matters applicable solely to the Association and the
Declaration), including without limitation, claims, grievances or disputes arising out of or
relating to the design and/or construction of the Subdivision, or any portion thereof, or
interpretation, application or enforcement of the Declaration (collectively "Claims"), except for
exempt claims under Section 8 (c), are subject to the procedures set forth in Section 8 (d).
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COPY
Signed, Sealed and Delivered in the presence of:
Signed
Witness Number
Witness Number 2
Aena M. Ste you
DECLARANT:
Aho Homes, LLC, a SC limited liability
company
By:
Name:
Title:
member
Date Executed: 11-17-06
(SEAL)
B
Wigless Number 1
Witness Number 2
Lena on Stempus
STATE OF SOUTH CAROLINA )
COUNTY OF GREENVILLE
)
)
DECLARANT:
Fairview Investments, LLC
By
Name:
Stephen R. Collins
Title: ma
Date Executed: 11-17-06
I, Larry N. Briggs, a Notary Public for South Carolina, do hereby certify that the above duly-
appointed representative of Aho Homes, LLC, personally appeared before me this day and
acknowledged
the due execution of the foregoing instrument this 17th
Novembr
Lay B
Notary Public for
2006.
My commission expires: 1/30/16
STATE OF SOUTH CAROLINA )
COUNTY OF GREENVILLE
I, Carry N. Briggs
day of
FILED FOR RECORD IN GREENVILLE COUNTY, SC ROD
2006113584 Book:DE 2238 Page:481-506
November 21, 2006 02:23:20 PM

pires: 1/30/16
STATE OF SOUTH CAROLINA )
COUNTY OF GREENVILLE
I, Carry N. Briggs
day of
FILED FOR RECORD IN GREENVILLE COUNTY, SC ROD
2006113584 Book:DE 2238 Page:481-506
November 21, 2006 02:23:20 PM
Putty of Minney
a Notary Public for South Carolina, do hereby certify that the
above duly-appointed representative of Fairview Investments, LLC, personally appeared before
me this
day and acknowledged the due execution of the foregoing instrument 17 day of
November
2006.
Notary Public for outs and
My commission expires: 1/30/16
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