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HOA: Paradise Island Property Owners Association
Document: Paradise Island Property Owners Association/Paradise_Island_Master_Documents.pdf
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BX J 283PG 639
DECLARATION AND ESTABLISHMENT OF CONDITIONS,
RESERVATIONS, AND RESTRICTIONS FOR
PARADISE ISLAND
Paradise Island Joint Venture, a South Carolina Partnership, (such entity, its successors and
assigns, hereinafter referred to as the "Declarant"), being the owner of the premises, situate within
the County of Charleston, State of South Carolina, and described on Exhibit A attached hereto (the
"Premises"), has established a general plan for the improvement and development of the Premises,
and declares the covenants, conditions, reservations, and restrictions upon which, and subject to
which, all platted residential lots and portions of platted residential lots in the Premises (the "lots")
shall be improved, sold and conveyed by it as owner. Each and every one of these covenants,
conditions, reservations, and restrictions is for the benefit of each owner of land in the Premises, and
each mortgagee or holder of other interest therein, and shall inure to and pass with each and every
parcel of the Premises, and shall bind the respective successors and assigns of the Declarant. These
covenants, conditions, reservations, and restrictions are each imposed upon the lots, all of which are
to be construed as restrictive covenants running with the title to the lots and with each and every
parcel:
1. Residential Use. The lots, and each and every one of them, are for single-family
residential purposes only. No building or structure intended for or adapted to commercial or
business purposes, and no apartment house, double house, lodging house, rooming house,
kindergarten, day-care center, school, hospital, sanitarium or office, or other multiple-family
dwelling shall be erected, placed, permitted, or maintained on any lot, or on any part of any lot. No
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e,
kindergarten, day-care center, school, hospital, sanitarium or office, or other multiple-family
dwelling shall be erected, placed, permitted, or maintained on any lot, or on any part of any lot. No
improvement or structure whatever, other than a first class private dwelling house, patio walls,
swimming pool, and customary outbuildings, garage, carport, servants' quarters, or guest house may
be erected, placed or maintained on any lot in the Premises.
2. Preservation of Natural Environment. The native growth of the Premises shall
not be permitted to be destroyed or removed except as approved in writing by the Declarant or the
Board of Directors of Paradise Island Property Owners Association (the "Board of Directors"). In
the event such growth is removed, except as approved, the Declarant or the Board of Directors may
require the replanting or replacement of same, at the cost of the lot ownér.
3. Tanks and Other Storage. No elevated tanks of any kind shall be erected, placed,
or permitted on any part of the Premises, provided, that nothing herein shall prevent the Declarant,
its successors and assigns, from erecting, placing, or permitting the placing of tanks and other water
system apparatus on the Premises. Any tanks for use in connection with any residence, including
tanks for the storage of fuels, must be buried or walled sufficiently to conceal them from the view
from neighboring lots, roads, or streets. All clotheslines, garbage cans, equipment, coolers, wood
piles, or storage piles shall be walled in to conceal them from the view of neighboring lots, roads, or
streets. Plans for all enclosures of this nature must be approved by the Declarant or the
Architectural Review Board of the Paradise Island Property Owners Association (the "ARB").
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ing lots, roads, or
streets. Plans for all enclosures of this nature must be approved by the Declarant or the
Architectural Review Board of the Paradise Island Property Owners Association (the "ARB").
4. Setback Lines. No building, structure, fence, hedge, outbuilding, or appurtenance
of any nature shall be located closer than ten (10') feet from any side lot line and thirty (30') feet
from any front or back lot line.
5.
Horses and Pets. No horses shall be kept or stabled on any of the lots. This shall
not be construed to prevent lot owners from keeping horses in any community stable which may be
proposed for the Premises by the Declarant or the Board of Directors. No more than two (2) pets of
the customary household variety (including birds) may be kept on any lot in such Premises, except
unon the express written permission of the Declarant or the Board of Directors; provided, however,
BK J 283 PG 640
that the provisions hereof shall not be deemed to permit the keeping of domestic fowl or farm
animals.
6. Utility Lines. and Radio and Television Antennas. All electrical service and
telephone lines shall be placed underground and no outside electrical lines shall be placed overhead.
This restriction may be waived by the Declarant or the Board of Directors. No exposed or exterior
radio or television transmission or receiving antennas or dishes shall be erected, placed, or
maintained on any part of the Premises. This restriction also may be waived for cause by the
Declarant or the Board of Directors. Any waiver of these restrictions need not constitute a waiver as
to other lots or lines or antennas. This restriction shall not apply to any exterior radio or television
transmission or receiving antennas or dishes, the regulation of which is prohibited by Federal Law.
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ther lots or lines or antennas. This restriction shall not apply to any exterior radio or television
transmission or receiving antennas or dishes, the regulation of which is prohibited by Federal Law.
7. Nuisances. No lot shall be used in whole or in part for the storage of rubbish of any
character whatsoever, nor for the storage of any property or thing that will cause such not to appear
in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing,
or material be kept upon any lot that will emit foul or obnoxious odors, or that will cause any noise
that will or might disturb the peace, quiet, comfort, or serenity of the occupants of surrounding
property.
8. Signs. No billboards or advertising signs of any character shall be erected, placed,
permitted, or maintained on any lot or improvement except as herein expressly permitted. A name
and address sign, the design of which shall be furnished to the lot owner on request by the Declarant
or the Board of Directors, shall be permitted. No other sign of any kind or design shall be allowed.
The provisions of this paragraph may be waived by the Declarant or the Board of Directors, only
when in its discretion the same is necessary to promote the sale of property in the Premises.
Nothing herein shall be construed to prevent the Declarant or Board of Director from erecting,
placing, or maintaining sign structures and offices as may be deemed necessary by it for the
operation of the Premises.
9.
Mining. No derrick or other structure designed for use in boring for oil or natural
gas shall be erected, placed, or permitted upon any part of such premises, nor shall any oil, natural
gas, petroleum, asphaltum, or hydrocarbon products or minerals of any kind be produced or
extracted.
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s shall be erected, placed, or permitted upon any part of such premises, nor shall any oil, natural
gas, petroleum, asphaltum, or hydrocarbon products or minerals of any kind be produced or
extracted.
10. Garage. No garage or other outbuilding shall be placed, erected or maintained
upon any part of the Premises except for use in connection with a residence already constructed or
under construction. Nothing herein shall be construed to prevent the incorporation and construction
of a garage as a part of a dwelling house.
11. Occupancy. No private dwelling house erected upon any lot shall be occupied in
any manner while in the course of construction, nor at any time prior to its being fully completed.
Nor shall any residence, when completed, be in any manner occupied until made to comply with the
approved plans, the requirements herein, and all other covenants, conditions, reservations, and
restrictions herein set forth. All construction shall be completed within nine (9) months from its
start, provided, that the Declarant or the Board of Directors may extend the time when in its opinion
conditions warrant an extension. No temporary house, temporary dwelling, temporary garage,
temporary outbuilding, trailer home, recreational vehicle, or other temporary or mobile structure
shall be placed or erected upon any lot. Rental of any guest house prohibited, the occupancy
thereof being limited to either guests or servants.
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BX J. 283PG641
:
12.
Approval of Plans. The location, design, and construction materials and all other
plans of the construction of private roads and driveways and the location, design and construction
materials and all other building plans of any dwelling house, building, fence, wall, or structure to be
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ans of the construction of private roads and driveways and the location, design and construction
materials and all other building plans of any dwelling house, building, fence, wall, or structure to be
erected upon any lot, and their proposed location upon any lot, and any changes after approval, any
remodeling, reconstruction, alteration, or addition to any dwelling house, building, road, driveway,
or other structure upon any lot in the Premises or the construction of any dock not in accordance
with the typical cross-section illustrated in the application for the Dock Corridor Master Plan on file
with the Office of Coastal Resource Management of the State of South Carolina shall require the
approval in writing of the ARB. No structure of any kind, the plans, elevations, and specifications
of which have not received the written approval of the ARB, and which does not comply fully with
the approved plans and specifications, shall be erected, constructed, placed, or maintained upon any
lot. Approval of plans and specifications shall be evidenced by written endorsement on the plans
and specifications, a copy of which shall be delivered to the owner of the lot upon which the
prospective building, road, driveway, or other structure is planned prior to the beginning of
construction. No changes or deviations in or from the plans and specifications as approved shall be
made without the prior written consent of the ARB. The ARB shall not be responsible for any
structural defects in the plans or specifications. The ARB may waive the set back provisions
contained in paragraph four and any other building restrictions in these Covenants, but only for
reasonable cause shown. Reasonable cause shall not include cost or expense.
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ive the set back provisions
contained in paragraph four and any other building restrictions in these Covenants, but only for
reasonable cause shown. Reasonable cause shall not include cost or expense.
13. Letter and Delivery Boxes. The Declarant or the ARB shall determine the
location, color, size, design, lettering, and all other particulars of all mail or paper delivery boxes,
and standards and brackets and name signs for the boxes in order that the area be strictly uniform in
appearance with respect to these items.
14. Drainage. Drainageways shall conform to the requirements of the lawful public
authorities, including the County Engineer of Charleston County, State of South Carolina, to the full
extent of the authority given him by law.
15.
Commercial Vehicles. No commercial vehicles, construction, or like equipment or
mobile or stationary trailers of any kind shall be permitted on any lot of the Premises nor shall any
maintenance (other than routine) or repair of any vehicle be permitted on any lot or street.
16.
Division of Lots. No lot shall be resubdivided except as follows:
(a) Any two or more adjacent lots may be combined into a single lot. Any easements
along the side lot lines which are abandoned in the combination of the adjacent lots into a single lot
shall be deemed automatically abandoned unless there is in fact a utility located along or adjacent to
said lot line. The owner of any combined lot shall be responsible for all costs and expense of
removing or relocating any utilities located along or adjacent to any side lot line being abandoned.
(b) The owner of two adjacent lots may adjust the boundary line between said lots so
long as the two lots, after said boundary lines adjustment, comply with all applicable subdivision
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being abandoned.
(b) The owner of two adjacent lots may adjust the boundary line between said lots so
long as the two lots, after said boundary lines adjustment, comply with all applicable subdivision
and zoning regulations. Any easements along the boundary lines being adjusted, shall be deemed
automatically abandoned unless there is in fact a utility located along or adjacent to said line and
shall automatically apply to the new line as adjusted. The owner of any lots whose lot lines are
adjusted shall be responsible for all costs and expenses in removing or relocating any utilities'
located along or adjacent to the line being adjusted.
(c) The Association hereby expressly reserves and establishes to itself, its successors
and assigns, the right to approve or disapprove through its Board of Directors or designees the
replotting of any two or more existing lots shown on the plat of any portion of the premises or the
dividing of any existing residential single lot for the purpose of adding to the lots on either side, in
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BK J 283 PG 642
order to create a modified building lot or lots. As a condition of the approval, the Board of
Directors or its designee also shall have
the right to require that such other steps be taken by
property owners as are reasonably necessary
to make such replotted lots suitable and fit as building
sites including, but not limited to,
the relocation of easements, walkways, and rights-of-way, to
conform to the new boundaries of such replotted
lots..
(d) The Association hereby expressly reserves and establishes to itself, its successors
and assigns, the right to approve or disapprove any amendment
, modification or addition the Dock
Corridor Master Plan approved by the
Office of Coastal Resource Management of the State of South
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ssors
and assigns, the right to approve or disapprove any amendment
, modification or addition the Dock
Corridor Master Plan approved by the
Office of Coastal Resource Management of the State of South
Carolina at the date of this Declaration.
(e) Assessments, regular and special, imposed on combined or modified lots shall be
the sum of the individual assessments which
would have been levied against the individual lots or
pro-rated portions thereof..
17.
Wells. Private water wells for human consumption may be drilled or maintained on
any lot until public water service is available. At such time as public
water service is available to a
lot, private water wells may no longer be used
to provide water for human consumption and the
public water service must be utilized in
lieu thereof. Provided, however, private wells may continue
to be used for irrigation purposes.
18. Sewer. Prior to the occupancy of a dwelling house, proper and suitable provision
shall be made for the disposal of sewage by connection
with public sewer mains. No sewage or
other waste material shall be emptied or discharged
into the ocean, any creek, marsh, river, sound,
any waterway or beach or shorelines thereof
.
19. Unsightly Conditions. It shall be the responsibility of each owner to prevent the
development of any unclean, unsightly or unkept
conditions of buildings or ground on such lot
which shall tend to substantially decrease
the beauty of the neighborhood as a whole or the specific
area.
20. Reservation of Easements. The Declarant reserves unto itself, its successors and
assigns, a perpetual, alienable and releasable easement and right
on, over and under each lot to erect,
maintain and use poles, wires, cables, conduits
, sewers, water mains and other suitable equipment
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signs, a perpetual, alienable and releasable easement and right
on, over and under each lot to erect,
maintain and use poles, wires, cables, conduits
, sewers, water mains and other suitable equipment
for the conveyance and use of electricity,
telephone equipment, community antenna telephone
service, cable and other communication
lines, gas, sewer, water or other public conveniences or
utilities on, in or over the front, side and back
lot lines of each lot, parcel or tract of land as may be
reasonably required for utility line purposes,
but no wider than ten (10") feet along any line,
provided however, that no such utility easement
shall be applicable to any portion of such lot which
has been properly built upon. These
easements and rights expressly include the right to cut any
trees, bushes or shrubbery, make
any gradings of the soil, or to take any other similar action
reasonably necessary to provide economical
and safe utility installation and to maintain reasonable
standards of health, safety and appearance
. Such rights may be exercised by any licensee of the
Declarant, but this reservation shall not
be considered an obligation of the Declarant to provide or
maintain any such utility or service.
21. Trees. No trees measuring six (6") inches or more in diameter at a point two (2")
feet above ground level may be removed from
any lot without the prior written approval of the
Declarant or the ARB. Approval of
the removal of trees located within twenty (20") feet of the
main dwelling or accessory building or
within twenty (20") feet of the approved site for such
building will be granted.
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BX J 283PG643
22. Assessments and Liens. The owners of all lots situated in the Premises, but
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accessory building or
within twenty (20") feet of the approved site for such
building will be granted.
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BX J 283PG643
22. Assessments and Liens. The owners of all lots situated in the Premises, but
excepting the Declarant, which will be the owner of the roads (subject to the right of Declarant to
convey such roads, or parts thereof, to the public or to the Association), rights-of-way and certain
common property, shall be subject to maintenance and service fees, annual assessments, emergency
assessments, special assessments, capital assessments and other charges determined and payable in
accordance with these Covenants or the By-laws of the Paradise Island Property Owners
Association, as amended from time to time. The Board of Directors shall have the right to levy
assessments for the regular maintenance of common properties and property owned by the
Association, special assessments for proper purposes of the Association, as determined by the Board
of Directors from time to time, and emergency assessments to protect property or for the safety of
the Premises, the lots, or the owners of lots. Regular assessments shall not exceed $600.00 per lot
per year unless approved in writing by the owners of sixty (60%) percent of the lots subject to this
Declaration. The fees., charges, costs and other assessments provided for herein may be set at
separate fixed rates for improved, unimproved, and any other class of property, based upon
reasonable cost sharing principles reflecting access, benefit, and use of the Association's roads,
properties and services. Each owner shall be personally liable for such fees, charges, costs and
assignments contemplated by these Covenants and/or imposed pursuant to such By-laws, as
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iation's roads,
properties and services. Each owner shall be personally liable for such fees, charges, costs and
assignments contemplated by these Covenants and/or imposed pursuant to such By-laws, as
amended from time to time. Should an owner fail to pay the Association within thirty (30) days
after any such fee, charge, cost or assessment becomes due, the Board of Directors shall have the
right to file a notice of lien and lis pendens against such property, and the Association shall have a
lien on such property for the payment of such sum, together with late charges and interest in
accordance with the Association's By-laws. The Board of Directors shall have the right to bill and
collect interest and late charges, to institute legal proceedings and to enforce such rights to the
xtent and in the manner permitted by the laws of South Carolina, including the right to charge and
collect all necessary attorneys' fees, court costs, and other collection expenses, necessitated by such
delinquency. Declarant hereby covenants and agrees that it shall pay to Paradise Island Property
Owners Association, at the end of each year, a sum of money equal to any budget deficit
experienced by the Association. Provided, however, the Declarant shall be not required to pay to
he Association any more than a sum equal to the amount of assessments that the Declarant would
have paid on lots owned by the Declarant for said year or portion thereof if said lots had not been
exempt from assessments.
Upon conveyance by deed or by law of any lot or part or portion thereof, the purchaser
thereof and each successive owner shall be and become personally liable for and shall pay all fees,
assessments and other charges, past or future, due to the Association in accordance with the
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rchaser
thereof and each successive owner shall be and become personally liable for and shall pay all fees,
assessments and other charges, past or future, due to the Association in accordance with the
provisions of these Covenants and the provisions of the Association's By-laws, as either or both may
be amended from time to time.
23. Right of Entry for Insect. Reptile. Etc. Control. In order to implement effective
insect, reptile and wood fire control, the Board of Directors reserves and establishes for itself and its
agents the right to enter upon any lot on which a dwelling house has not been constructed and for
which no approved landscaping plan has been implemented. Such entry may be made by personnel
with tractors or other suitable devices for the purposes of mowing, removing, clearing, cutting or
pruning underbrush, weeds, or other growth which in the opinion of the Board of Directors detracts
from the overall livability and/or safety of the Premises. The cost of such operations may be billed
to and, if so, shall be borne by the owner. The provisions in this paragraph shall not be construed as
imposing an obligation on the Board of Directors or its agents to mow, clear, cut or prune on any lot
or to provide garbage or trash removal services.
24. Hunting and Fishing. No hunting of any type will be permitted on the Premises,
Fishing will be allowed in accordance with rules established by the Board of Directors.
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25.
BX J 283 PG 644
Roads and Sight Easements. The Association will maintain all general access
roads within the Premises which are not public and which are paved, from and after
the time, if any,
when such roads are conveyed to the Association by Declarant.
26. Boathouses. Docks, Boats. Canoes, Etc. No boathouses, docks, piers or wharves
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ic and which are paved, from and after
the time, if any,
when such roads are conveyed to the Association by Declarant.
26. Boathouses. Docks, Boats. Canoes, Etc. No boathouses, docks, piers or wharves
shall be constructed on any lot unless the right to do so is specifically included
in the Deed of
conveyance from the Declarant for such lot.
27. Changes of Topography. Etc. No lot shall be increased in size by filling, by any
method, the water or marsh area, if any, on, which that lot abuts. No lot
owner shall excavate or
extract earth by any method for any purpose unless written approval is
first obtained from the ARB.
No elevation or topography changes shall be permitted on any
lot which materially affect the
service grade of surrounding lots unless first approved in
writing by the ARB.
28. Homeowners Association. For the purpose of owning and maintaining roads,
common areas, traffic control, general planting without roadway and common areas,
and all
common community services of every kind and nature required or desired
within the Premises for
the general use and benefit of all lot owners, each and every lot owner, in accepting
a deed or
contract for any lot in the Premises, agrees to and shall be a member of and
be subject to the
obligations and duly enacted Bylaws and rules of the Paradise Island Property
Owners Association.
29. Term, Extensions. All of the foregoing covenants, conditions, reservations, and
restrictions shall continue and remain in full force and effect at all times as against the owner of any
lot in the Premises, regardless of how he or she acquired title, until the commencement
of the
calendar year 2020, on which date these covenants, conditions, reservations, and
restrictions shall
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f any
lot in the Premises, regardless of how he or she acquired title, until the commencement
of the
calendar year 2020, on which date these covenants, conditions, reservations, and
restrictions shall
terminate and end, and thereafter be of no further legal or equitable effect on the
Premises or any
owner. However, these covenants, conditions, reservations, and restrictions shall be
automatically
extended for a period of ten (10) years, and thereafter in successive ten-year periods,
unless on or
before the end of one of the extension periods or the initial period the
owners of two-thirds of the
lots in the Premises shall by written instrument duly recorded declare a
termination of the same.
Although these covenants, conditions, reservations, and restrictions may. expire
, any and
all
reversions for breach of these covenants, conditions, reservations
, or restrictions committed or
suffered prior to expiration shall be absolute.
30. Expenses. If the Declarant or the Board of Directors or the ARB hires counsel to
enforce any of the foregoing covenants, conditions, reservations, or restrictions,
or to reenter, by
reason of a breach, all costs incurred in the enforcement, including
a reasonable fee for counsel,
shall be paid by the owner of the subject lot or lots and their shall be a lien upon such
lot or lots to
secure payment of all such accounts.
31. Mortgages. The breach of any of the foregoing covenants, conditions, reservations,
or restrictions, shall not defeat or render invalid the lien of any mortgage made
in good faith for
value as to any lot or lots or portions of lots in the premises, but these
covenants, conditions,
reservations, and restrictions shall be binding upon and effective
against any mortgagee or trustee or
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value as to any lot or lots or portions of lots in the premises, but these
covenants, conditions,
reservations, and restrictions shall be binding upon and effective
against any mortgagee or trustee or
owner, whose title or whose grantor's title is or was acquired by
foreclosure, trustee's sale, or
otherwise.
32. Waiver. No delay or omission on the part of the Declarant or the owners of other
lots in the premises in exercising any rights, power, or remedy herein provided, in
the event of any
breach of the covenants, conditions, reservations,
or restrictions herein contained, shall be construed
as a waiver thereof or acquiescence therein, and no right of action shall accrue
nor shall any action
be brought or maintained by anyone whatsoever against the Declarant
for or on account of its failure
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BX J 283PG645
to bring any action on account of any breach of these covenants, conditions, reservations, or
restrictions, or for imposing restrictions
herein which may be unenforceable by the Declarant.
33. Severability. In the event any one or more of the foregoing covenants, conditions,
reservations, or restrictions is declared for any reason, by
a court of competent jurisdiction, to be
null and void, the judgment or decree shall
not in any manner whatsoever affect, modify, change,
abrogate, or nullify any of the covenants
, conditions, reservations, and restrictions not declared to be
void or unenforceable, but all of the
remaining covenants, conditions, reservations, and restrictions
not expressly held to be void or unenforceable
shall continue unimpaired and in full force and effect.
34. Bridges, Walkways. Etc. The Declarant has, by express reservation and as herein
established, the right to build any bridges, walkways or
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ble
shall continue unimpaired and in full force and effect.
34. Bridges, Walkways. Etc. The Declarant has, by express reservation and as herein
established, the right to build any bridges, walkways or
fixed spans across any or all natural or man-
made canals, creeks or lagoons in the Premises to
which it holds title. The design and location of
such structure on property which is now or
hereafter becomes subject to these Covenants, will not
be subject to approval by the ARB. Nothing
in this paragraph shall be construed as placing an
affirmative obligation on the Declarant to
provide or construct any bridge, walkway or fixed span.
Any such bridge or walkway may be conveyed to
the Association and the Association shall accept
such conveyance.
35. Easement of Enjovment. Every owner shall have a right and easement of
enjoyment in and to the common property which shall be appurtenant
to and shall pass with the title
to every lot, subject to the right of the Association
to dedicate or transfer all or any part of the
common property to any public agency, authority
or utility and subject to such conditions as may be
agreed upon.
36. Notices. All papers or instruments, plans and specifications, or any other writings
provided for herein, shall be filed with or submitted
to the Declarant as its then current address and
to the Association or its designated representative
, by personal delivery or certified mail in care of
Paradise Island Property Owners Association, at
its then current address. Notices to property
owners shall be deemed to have been
duly given when delivered in person or deposited in the mail,
postage prepaid, and addressed to the owner at
the property address or at such other address as may
have been provided to the Association for such
purpose.
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elivered in person or deposited in the mail,
postage prepaid, and addressed to the owner at
the property address or at such other address as may
have been provided to the Association for such
purpose.
37. Modification. These Restrictive Covenants may be altered, modified, canceled or
changed by the number of property owners who constitute
the owners of more than fifty (50%)
percent of the lots in the Premises, as
determined on the basis of the number of votes entitled to be
cast by the membership of the Association.
Such modification may be accomplished only by
referendum in accordance with the
Association Bylaws. These Restrictive Covenants may be
altered, modified, or changed by the Declarant (i
) to correct inconsistencies, and (ii) for a period of
three years from the date of recording of
these Restrictive Covenants, if the change does not, in the
reasonable opinion of Declarant, materially
decrease the value of any lot previously conveyed by
Declarant to a third party, and such change is, in
the reasonable opinion of the Declarant, necessary
for the orderly development of the Premises
into residential lots.
38. Assignment. The Declarant and the Board of Directors each shall have the right to
assign to any one or more persons, firms, corporations
, partnerships, or associations any and all of
the rights, powers, titles, easements and
estates reserved, given or otherwise passing to it from the
Declarant.
39. Future Phases. The Declarant intends to develop Paradise Island in one or more
phases. The Declarant may submit the property which
is the subject of future phases to this
Declaration and Establishment of
Conditions, Reservations and Restrictions or to a declaration and
establishment of conditions, reservations, and
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property which
is the subject of future phases to this
Declaration and Establishment of
Conditions, Reservations and Restrictions or to a declaration and
establishment of conditions, reservations, and
restrictions substantially similar to those set forth
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BX J.283PG646
herein.
IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal this 22 day
of
Apert
WITNESSES:
1997.
PARADISE ISLAND JOINT VENTURE, a South
Carolina Partnership
By: Paradise Island Associates L.P. ·
Its:
By:
Its:
Partner
Island Development Partners
General Partner
wx
William H. Banwell, III/
By:
Elizabeth W.
W. sol
Its:
Partner
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BX J 283PG647
STATE OF SOUTH CAROLINA
COUNTY OF CHARLESTON ..
PERSONALLY appeared before me the undersigned witness and made oath that (s)he saw
the within-named Paradise Island Joint Venture, a South Carolina Partnership,
by Paradise Island
Associates L.P., its Partner, by Island Development Partners, its General Partner
, by William H.
Barnwell, III, its Partner, sign, seal and as its act and deed, delivered the
within written instrument
,
and that (s)he with the other witness witnessed the execution thereof
.
Elizabeth W.
coale
1997.
SWORN to before me this
if
25 day of pr
Jare
NOTARY PUBLIC FOR SOUTH CAROLINA
My Commission Expires: ay 11, 2001
(c:\042997 Paradise Island Declaration)
-9-
a
EXHIBIT A
BK J 283PG648
All those certain pieces, parcels and tracts of land, together with the improvements thereon,
situate, lying and being on Big Paradise Island, Christ Church Parish, Charleston County,
South Carolina, and shown and designated as Lots 1 through 60 on a plat entitled
“CONDITIONAL PLAT PHASE I BIG PARADISE ISLAND, CHRIST CHURCH PARISH,
CHARLESTON COUNTY, S.C." by E.M. Seabrook, Jr., Inc. dated May 8, 1995 and
Chunk 19 · Pages 10-12
n and designated as Lots 1 through 60 on a plat entitled
“CONDITIONAL PLAT PHASE I BIG PARADISE ISLAND, CHRIST CHURCH PARISH,
CHARLESTON COUNTY, S.C." by E.M. Seabrook, Jr., Inc. dated May 8, 1995 and
recorded August 7, 1995 in Plat Book EA at Pages 697 through 699 in the RMC Office for
Charleston County, to which reference is hereby craved for a more complete description.
-10-
arren & Slakler
Post Offee Bax 1254
Charleston, SC 29402
3FB I
Allv
BX J 283PG649
FILED
3283-639
97 APR 29 PM 4:54
CHARLIE LYBRAND
REGISTER
CHARLESTON COUNTY SC
16.00
C
STATE OF SOUTH CAROLINA )
BX J. 283 PG 633
)
COUNTY OF CHARLESTON
}
DECLARATION OF
RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS is made this
29 day of
("Declarant(s)").
.
april 1997, by Paradise Island Joint Venture
RECITALS
WHEREAS, Declarant is the owner of certain real property located in
Charleston County, South Carolina, more particularly described on Exhibit A attached
hereto and made a part hereof ("Property”); and
WHEREAS, in consideration of the issuance of Department of the Army
Permit No. 94-1 G-502 ("Permit") to Declarant by the U.S. Army Corps of Engineers,
Charleston District ("Corps," to include any successor agency), and for the protection
or enhancement of the Property's wetlands, scenic, conservation, resource,
environmental, or other values, and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, Declarant has agreed to
place certain restrictive covenants on the Property, in order that the Property shall
remain substantially in its natural condition forever, as provided herein.
NOW THEREFORE, Declarant, hereby declares that the Property shall be
held, transferred, conveyed, leased, occupied or otherwise disposed of and used
Chunk 20 · Pages 12-13
its natural condition forever, as provided herein.
NOW THEREFORE, Declarant, hereby declares that the Property shall be
held, transferred, conveyed, leased, occupied or otherwise disposed of and used
subject to the following restrictive covenants, which shall run with the land and be
binding on all heirs, successors, assigns, lessees, or other occupiers and users.
1. Declarant is and shall be prohibited from the following: filling,
draining, flooding, dredging, impounding, clearing, burning, cutting or destroying
vegetation, cultivating, excavating, erecting, constructing, or otherwise doing any
work on the Property; introducing exotic species into the Property: and from changing
the grade or elevation, impairing the flow or circulation of waters, reducing the reach
of waters, and any other discharge or activity requiring a permit under clean water or
water pollution control laws and regulations, as amended. The following are
expressly excepted from this paragraph: removal of diseased or unsafe trees, drainage
structures and other activities authorized by the Permit, and, after review and written
approval by the Corps, cumulatively very small impacts associated with the creation
of hand constructed pedestrian paths and boardwalks for environmental education,
fishing, hunting (excluding planting or burning) and similar recreational activities
consistent with the continuing natural condition of the Property.
8X J. 283PG634
2. After recording, these restrictive covenants may be altered by
modification of the Permit pursuant to applicable Corps. regulations and policy,
provided all agencies that certified the Permit concur with the modification, and
subject to consultation with other resource agencies as appropriate. Such
Chunk 21 · Pages unknown
to applicable Corps. regulations and policy,
provided all agencies that certified the Permit concur with the modification, and
subject to consultation with other resource agencies as appropriate. Such
modifications become a part of these restrictive covenants. Declarant may request to
trade in entirety or in part property that is not encumbered by conservation easements
or covenants for the Property, or parts of the Property, herein, provided such
substitute property is of equivalent functions and values as the Property, or such parts,
herein, and is placed under equivalent conservation restrictions.
3.
Any permit application, or request for certification or modification,
which may affect the Property, made to any governmental entity with authority over
wetlands or other waters of the United States, shall expressly reference and include a
copy of these restrictive covenants.
4. It is expressly understood and agreed that these restrictive covenants do
not grant or convey to members of the general public any rights of ownership, entry or
use of the Property. These restrictive covenants are created solely for the protection
of the Property, wetlands, and associated values, and Declarant reserve the ownership
of the fee simple estate and all rights appertaining thereto, including without
limitation the rights to exclude others and to use the property for all purposes not
inconsistent with these restrictive covenants.
5. The Corps, and its authorized agents shall have the right to enter and go
upon the lands of the Declarant, to inspect the Property and take actions necessary to
verify compliance with these restrictive covenants.
6. The Declarant grants to the Corps, and/or the U.S. Department of
Chunk 22 · Page 14
he lands of the Declarant, to inspect the Property and take actions necessary to
verify compliance with these restrictive covenants.
6. The Declarant grants to the Corps, and/or the U.S. Department of
Justice, a discretionary right to enforce these restrictive covenants in a judicial actions
against any person(s) or other entity(ies) violating or attempting to violate these
restrictive covenants; provided, however, that no violation of these restrictive
covenants shall result in a forfeiture or reversion of title. In any enforcement action,
an enforcing agency shall be entitled to a complete restoration for any violation, as
well as any other judicial remedy. An enforcing agency shall also be entitled to costs
and attorneys fees in any enforcement action in which it obtains relief. Nothing
herein shall limit the right of the Corps to modify, suspend, or revoke the Permit.
7. Declarant(s) shall include the following warning on all deeds,
mortgages, plats, or any other legal instruments used to convey any interest in the
Property:
WARNING:
BX J 283 PG 635
This Property Subject to Declaration of Restrictive
in the RMC Office for
Covenants Recorded at Book
Charleston County.
8.
Page
The perimeter of the Property shall at all times be plainly marked by
permanent signs saying, "Protected Natural Area," or by an equivalent, permanent
marking system.
9. A plat depicting the boundaries of the Property subject to these
restrictive covenants shall be recorded in the RMC office for each county in which the
Property is situated prior to the recording of these restrictive covenants. The plat is
recorded at Book (B. Page 785-788 in the RMC Office for Charleston County.
10.
Should any separable part of these restrictive covenants be determined
Chunk 23 · Pages 14-16
ording of these restrictive covenants. The plat is
recorded at Book (B. Page 785-788 in the RMC Office for Charleston County.
10.
Should any separable part of these restrictive covenants be determined
to be contrary to law, the remainder shall continue in full force and effect.
IN WITNESS THEREOF, the Declarant has duly executed this Declaration of
Restrictive Covenants the date written above.
IN THE PRESENCE OF:
for
PARADISE ISLAND JOINT VENTURE
By: Parade doll Decocters, wip.
By: Islad Developer Patos
W. Dettle
Its:
B:
ах
Partic
Ba
Level Parki
STATE OF SOUTH CAROLINA ).
COUNTY OF CHARLESTON
)
)
EX J 283PG636
PROBATE
PERSONALLY appeared before me
Eliselt 1 Settls, the
undersigned witness, and made oath that he/she saw the within named Paradise Island
Joint Venture, by fare filed at L.P
Il
Patter
,its with Halte
sign, seal and as its act and deed, deliver the within named Declaration of Restrictive Pati
Covenants; and that he/she with the other witness named above
witnessed the
execution thereof.
Elizabethw
Sethle
SWORN to and subscribed before me
✓
this 21 day of
1 * day of Cepit, 1997.
тивно
NOTARY PUBLIC FOR SOUTH CAROLINA
My Commission Expires: Au 11,2001
(c:\word\wp51data\paradiseisland\drafts\042897Paradise IslandDeclaration of Restrictive Covenants.doc)
EXHIBIT A
BX J 283 PG 637
ALL those certain pieces, parcels or tracts of land, situated, lying and being on Big
Paradise Island, Christ Church Parish, Charleston County, South Carolina, shown as
designated as "Wetland" and "Wetland Buffer" on that certain plat by E.M. Seabrook,
Jr. Inc. dated April 23, 1997 entitled "Plat of Freshwater Wetland Locations in Big
Paradise Island, Christ Church Parish, Charleston County, SC" which plat is recorded
Chunk 24 · Pages 16-18
certain plat by E.M. Seabrook,
Jr. Inc. dated April 23, 1997 entitled "Plat of Freshwater Wetland Locations in Big
Paradise Island, Christ Church Parish, Charleston County, SC" which plat is recorded
in the RMC Office for Charleston County on April 29, 1997 in Plat Book B
Pages 785 through 188.
at
SAVING AND EXCEPTING all those certain pieces, parcels or tracts of land on the
aforedescribed plat shown as "Wetland To Be Filled”.
fa & Sinkler
fee Bax 1254
Marleston, SC 2040%
63
Volu
BX J 283PG638
FILED
J283-633
97 APR 29 PH 4:54
CHARLIE LYBRAND
REGISTER
CHARLESTON COUNTY SC
11.00
BKF 316 PG 633
STATE OF SOUTH CAROLINA ) AMENDMENT TO DECLARATION AND
COUNTY OF CHARLESTON
) ESTABLISHMENT OF CONDITIONS,
) RESERVATIONS, AND RESTRICTIONS
FOR PARADISE ISLAND
)
WHEREAS, Paradise Island Joint Venture, a South Carolina Partnership, (the
"Declarant") did record that certain Declaration and Establishment of Conditions,
· Reservations, and Restrictions for Paradise Island dated April 22, 1997 and recorded
in the RMC Office for Charleston County in Book J-283 at Page 639 (the
"Declaration"); and
WHEREAS, Paragraph 37 of the Declaration provides that the Declaration
may be modified by the Declarant in order to correct inconsistencies and for a period
of three (3) years from the date of recording, if the change does not, in the reasonable
opinion of the Declarant, materially decrease the value of any lot previously conveyed
by Declarant to a third party and such change is, in the reasonable opinion of the
Declarant, necessary for the orderly development of the Premises into residential lots;
and
WHEREAS, in paragraph 20 of the Declaration, the Declarant reserved unto
itself, its successors and assigns, easements on, in, or over front, side, and back lot
Chunk 25 · Pages 18-19
the Premises into residential lots;
and
WHEREAS, in paragraph 20 of the Declaration, the Declarant reserved unto
itself, its successors and assigns, easements on, in, or over front, side, and back lot
lines, but no wider than ten (10') feet along any line; and
WHEREAS, the Declarant has entered into a Wastewater Contract with the
Commissions of Public Works of the Town of Mt. Pleasant, South Carolina, ("CPW")
and a Water Contract with CPW pursuant to which CPW will provide water and
sewer to the Premises; and
WHEREAS, the utility easement required by CPW in certain instances may be
as wide as twenty (20') feet along a lot line; and
WHEREAS, the location of the easement and the advantage of having water
and sewer supplied to the lots is, in the reasonable opinion of the Declarant, necessary
for the orderly development of the Premises into residential lots, and such change
would not materially decrease the value of any lot previously conveyed;
follows:
NOW, THEREFORE, the Declarant does hereby modify the Declaration as
1. The word "ten (10)" in line 7 of paragraph 20 is deleted and the
following substituted therefore: "twenty (20)". The following is added after the first
sentence in paragraph 20:
limitation, the Declarant reserves unto itself, its successors and assigns, easements for
"Notwithstanding the foregoing twenty (20') foot
the water and sewer systems as more particularly depicted on the Plans and
.........
STATE OF SOUTH CAROLINA )
COUNTY OF CHARLESTON
)
)
SX C
318 PG366
SECOND AMENDMENT TO DECLARATION
AND ESTABLISHMENT OF CONDITIONS,
RESERVATIONS, AND RESTRICTIONS FOR
PARADISE ISLAND
BOOK J-283 AT PAGE 639
WHEREAS, the Declaration and Establishment of Conditions, Reservations, and
Chunk 26 · Pages unknown
NT TO DECLARATION
AND ESTABLISHMENT OF CONDITIONS,
RESERVATIONS, AND RESTRICTIONS FOR
PARADISE ISLAND
BOOK J-283 AT PAGE 639
WHEREAS, the Declaration and Establishment of Conditions, Reservations, and
Restrictions for Paradise Island is dated April 29, 1997 and is recorded in the RMC
Office for Charleston County in Book J-283 at page 639 (the “Declaration"); and
WHEREAS, the Declaration provides that the Declaration may be modified by the
Declarant for a period of three (3) years from the date of recording if the change does
not, in the reasonable opinion of Declarant, materially decrease the value of any lot
previously conveyed by Declarant to a third party, and such change is, in the
reasonable opinion of Declarant, necessary for the orderly development of the premises
into residential lots; and
WHEREAS, the Declaration provided that no boathouses, docks, piers or wharfs
shall be constructed on any lot unless the right to do so is specifically included in the
deed of conveyance from the Declarant for such lot; and
WHEREAS, a Dock Corridor or Master Plan for Paradise Island is on file with the
Office of Coastal Resource Management of the State of South Carolina; and
WHEREAS, the ability to build a dock generally increases the value of a lot and it
is not necessary for the Declarant to address the construction of docks in deeds of
conveyance for lots.
NOW, THEREFORE, for One and no/100 ($1.00) Dollar and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Declaration is hereby modified as follows:
1.
therefore:
Paragraph 26 is deleted in its entirety and the following is substituted
"26. Boathouses, Docks, Etc. All boathouses, docks, piers or wharves
Chunk 27 · Page 20
e
Declaration is hereby modified as follows:
1.
therefore:
Paragraph 26 is deleted in its entirety and the following is substituted
"26. Boathouses, Docks, Etc. All boathouses, docks, piers or wharves
shall be constructed on any lot only in accordance with the Dock Corridor
or Master Plan on file with the Office of the Coastal Resource
Management of the State of South Carolina, as the same may be modified
from time to time, and in accordance with all applicable laws and
regulations."
2. This modification of Paragraph 26 shall be effective as of the date the
Declaration was executed and recorded, it being the intent of the Declarant that
Paragraph 26, as modified herein, shall be applicable to the lots conveyed by the
30
318PG 367
Declarant prior to the date hereof and Paragraph 26 as set forth in the Declaration prior
to the within modification shall be of no force and effect as to the lots conveyed by the
Declarant prior to the date hereof.
3.
Except as modified herein the Declaration, as previously amended, shall
remain in full force and effect.
971)
IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal this
day of December, 1998.9
January
WITNESSES:
PARADISE ISLAND JOINT VENTURE, A
CAROLINA PARTNERSHIP
BY:
ITS:
PARADISE ISLAND ASSOCIATES LP
VENTURER
Shannon C. Alexander
BY:
Elizabeth 'lans?
ITS:
ISLAND DEVELOPMENT PARTNERS
GENERAL PARTNER/
By:
William H. Barnwell, III, its Partner
STATE OF SOUTH CAROLINA )
COUNTY OF CHARLESTON
)
)
ACKNOWLEDGMENT
January
The foregoing instrument was acknowledged before me this 7 day of December,
1998 by Paradise Island Joint Venture by Paradise Island Associates LP, its Venturer, by Island
Development Partners, its General Partner, by William H. Barnwell, III, its Partner.
CAWSIPARADISE ISLAND\Second Amendment.doc
es:
Chunk 28 · Pages 20-23
int Venture by Paradise Island Associates LP, its Venturer, by Island
Development Partners, its General Partner, by William H. Barnwell, III, its Partner.
CAWSIPARADISE ISLAND\Second Amendment.doc
es:
NOTARY PUBLIC FOR SOUTH CAROLINA
MY COMMISSION EXPIRES:
AFFIX SEAL
T-367 P.002/018 F-097
07-31-03 10:59am From-
BYLAWS
Of
PARADISE ISLAND PROPERTY OWNERS ASSOCIATION
Adopted as of Cep 29.
Сербега
1997
07-31-03
10:59am From
TABLE OF CONTENTS
ARTICLE ONE- Offices
Section 1.1
Registered Office and Agent
Section 1.2
Other Offices
ARTICLE TWO - Purposes and Governing Instruments
Section 2.1
Nonprofit Corporation
Section 2.2
Non-Profit Purposes
Section 3.1
ARTICLE THREE - Board of Directors
Authority and Responsibility
Section 3.2
Powers and Duties
Section 3.2
Section 3.3
Manner of Appointment
Removal
Section 3.4
Section 3.5
Term of Office and Vacancies
Compensation
ARTICLE FOUR - Meetings of the Board of Directors
T-367
P.003/018 F-097.
Section 4.1
Annual Meeting; Notice
Section 4.2
Regular Meetings; Notice
Section 4.3
Section 4.4
Special Meetings; Notice
Waiver
Section 4.5
Section 4.6
Section 4.7
Section 4.8
Section 4.9
Quorum
Vote Required for Action
Action by Directors Without a Meeting
Telephone and Similar Meetings
Adjournments
ARTICLE FIVE - Members
Section 5.1
Members
Section 5.2
Organizational Meeting
Section 5.3
Annual Meeting
Section 5.4
Place of Meetings
Section 5.5
Section 5.6
Notice of Meetings
Section 5.7
Section 5.8
Section 5.9
Special Meetings
Adjournment of Meeting
Voting
Quorum
Section 5.10
Majority Vote
Page
1
1
2
3
3
3
122333
344444444
5555555666
...
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.............
ARTICLE SIX - Property Rights in the Common Area
Member's Easement of Enjoyment
Section 6.1
Section 6.2
Section 6.3
Title to Common Areas
Extent of Members' Easements
Chunk 29 · Pages 23-24
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.............
ARTICLE SIX - Property Rights in the Common Area
Member's Easement of Enjoyment
Section 6.1
Section 6.2
Section 6.3
Title to Common Areas
Extent of Members' Easements
ARTICLE SEVEN - Assessments
Assessments and Charges
Purpose of Assessments
Information
Exempt Property
Section 7.1
Section 7.2
Section 7.3
Section 7.4
Section 7.5
Lien and Permanent Charge
Section 7.6
Section 7.7
Section 7.8
Personal Obligation
Subordination of the Lien to Mortgage
Enforcement
ARTICLE EIGHT - Architectural Review Board
Section 8.1
Declarant's Rights
Section 8.2
Regular Meetings
Section 8.3
Special Meetings
Section 8.4
Quorum
Section 8.5
Order of Business
Section 8.6
Chairman
Section 8.7
Terms of Members of the Board
Section 8.8
Vacancies on Board
Section 8.9
Section 8.10
Scope of Architectural Review
Section 8.11
Responsibility of Owners
Enforcement of Requirements of ARB
Section 8.12
Section 8.13
Matters Requiring Review by ARB
Common Areas
ARTICLE NINE - Notice of Waiver.
Section 9.1
Section 9.2
Procedure
Waiver
ARTICLE TEN - Officers
T-367
P.004/018
F-097
677
7
+ 00 00 00 00 00 Ca
aaaaaaaoOOOO
10
10
10
10
10
11
11
11
Section 10.1
Section 10.2
Number and Qualifications
Election and Term of Office
Section 10.3
Other Agents
Section 10.4
Removal
Section 10.5
Vacancies
Section 10.6
Chairman
Section 10.7
Treasurer
12
Section 10.8
Secretary
--222222
12
12
12
12
12
07-31-03 11:00am From-
ARTICLE ELEVEN - Contracts, Checks, Deposits and Funds
Section 11.1.
Contracts
Section 11.2
Section 11.3
Checks, Drafts, Notes, Etc.
Deposits
Section 11.4 Gifts
ARTICLE TWELVE - Indemnification and Insurance
Indemnification
Indemnification Not Exclusive of Other Rights
Section 12.1
Section 12.2
Section 12.3
Insurance
ARTICLE THIRTEEN - Miscellaneous
Chunk 30 · Pages 24-25
1.4 Gifts
ARTICLE TWELVE - Indemnification and Insurance
Indemnification
Indemnification Not Exclusive of Other Rights
Section 12.1
Section 12.2
Section 12.3
Insurance
ARTICLE THIRTEEN - Miscellaneous
Section 13.1 Books and Records
Section 13.2
Fiscal Year
Section 13.3
Construction
Section 13.4
Table of Contents; Headings
Section 13.5
Relation to Articles of Incorporation
ARTICLE FOURTEEN - Amendments
Section 14.1 Power To Amend Bylaws
Section 14.2
Conditions
ARTICLE FIFTEEN - Dissolution
Section 15.1 Dissolution
............
T-367
P.005/018 F-097,
13
13
13
13
13
14
14
344
14
14
14
15
15
14455
15
15
55
15
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From-
BYLAWS
T-387 P.006/018 F-087
Section 1.1.
ARTICLE ONE
Offices
Registered Office and Agent. The Corporation shall maintain a registered
office in the State of South Carolina, and shall have a registered agent whose address is identical
with the address of such registered office.
Section 1.2.
Other Offices. The Corporation may have offices at such place or places,
within or without the State of South Carolina, as the Board of Directors may determine from time to
time or the affairs of the Corporation may require or make desirable. The Board of Directors may
designate any one such office as the principal office.
Section 2.1.
ARTICLE TWO
Purposes and Governing Instruments
Nonprofit Corporation. The Corporation shall be organized and operated as
a mutual benefit corporation under the provisions of the South Carolina Nonprofit Corporation Act
of 1994, as amended (the "Act").
Section 2.2. Non-Profit Purposes. The purpose of the Corporation shall be to preserve
the values
and amenities
of Paradise Island; to maintain the open spaces, drainage areas, roads (not
Chunk 31 · Pages unknown
(the "Act").
Section 2.2. Non-Profit Purposes. The purpose of the Corporation shall be to preserve
the values
and amenities
of Paradise Island; to maintain the open spaces, drainage areas, roads (not
dedicated to Charleston County or any other governmental authority for maintenance), and certain
other common facilities; administering and enforcing the Declaration and Establishment of
Conditions, Reservations, and Restrictions for Paradise Island (the "Declaration"); levying,
collecting and disbursing assessments and charges; and to engage in such other activities as may be
to the mutual benefit of the owners of property in Paradise Island. The Corporation shall have the
power to perform all acts necessary or incidental in carrying out its purpose and shall have the right
to do whatever is deemed necessary, useful, advisable, or conducive, directly or indirectly, to carry
out its purpose, including the exercise of all power and authority granted by the Act.
ARTICLE THREE
Board of Directors
Section 3.1. Authority and Responsibility. The governing body of the Corporation shall
be the Board of Directors. The Board of Directors shall have supervision, control and direction of
the management, affairs and property of the Corporation; shall determine its policies or changes
therein; and shall actively prosecute its purposes and objectives and supervise the disbursement of
its funds. The Board of Directors may adopt, by majority vote, such rules and regulations for the .
conduct of its business and the business of the Corporation as shall be deemed advisable, and may,
in the execution of the powers granted, delegate certain of its authority and responsibility to an
Executive Committee. Under no circumstances, however, shall the fundamental and basic purposes
Chunk 32 · Page 26
d may,
in the execution of the powers granted, delegate certain of its authority and responsibility to an
Executive Committee. Under no circumstances, however, shall the fundamental and basic purposes
of the Corporation, as expressed in the Articles of Incorporation, be amended or changed; and the
Board of Directors shall not permit any part of the net earnings or capital to inure to the benefit of
any member, director, trustee, officer, or other private person or individual.
Section 3.2.
Powers and Duties. The Board of Directors shall have the powers and
duties necessary for the administration of the affairs of the Corporation. Such powers and duties of
the Board of Directors shall include, but not be limited to, the following:
07-31-03
11:00am From-
T-367
P.007/018 F-087.
(a)
services;
(b)
Operation, care, surveillance, upkeep and maintenance of the common areas and
Determination of the annual maintenance and special expenses required for the
affairs of the Corporation:
(c) Assessment and collection of maintenance charges and annual, special, and
emergency assessments and other charges from Members of the Corporation;
(d) Employment and dismissal of the personnel necessary for the maintenance,
operation, repair and replacement of the general services and the common areas and the
real
and
personal property owned by the Corporation;
(e) Adoption and amendment of regulations concerning the details of the operation, use
and maintenance of the common areas;
(f) Opening of bank accounts on behalf of the Corporation and designating the
signatories required therefore;
(g) Suing to enforce or settling and compromising claims of Members of the
Corporation with respect to common areas and property which the Corporation has
the duty to
Chunk 33 · Pages unknown
e
signatories required therefore;
(g) Suing to enforce or settling and compromising claims of Members of the
Corporation with respect to common areas and property which the Corporation has
the duty to
maintain repair, replace or restore and other matters concerning the
administration of the
Corporation;
(h) Sue or be sued, and appear on behalf and for the benefit of all Members in the
Corporation in any manner of common concem including class actions in and before
any court,
office, agency, board, commission or department of the state or any political subdivision
, and appeal
from any judgments, orders, decisions or decrees rendered
therein; and
(i)
Taking any and all actions as may be necessary to comply with applicable city,
county, state, or federal regulations.
Section 3.3.
appointed as follows:
(a)
Manner of Appointment. The Board of Directors shall be constituted and
Directors, but shall not be less than three (3).
(b)
(c)
The exact number of directors shall be determined by the Board of
The directors shall be elected by the Members at their annual meeting.
The term of office of each director, except as provided otherwise in (d)
below, shall be three (3) years.
(d) The Declarant (as defined in the Declaration) shall have the right to appoint
or remove any member or members of the Board of Directors until the expiration or earlier
termination of Declarant's Class B membership. Beginning with the first annual
or special meeting
of the Corporation following the expiration or termination of Declarant's Class B membership
, the
members (including the Declarant if Declarant then owns one (1) or more
lots) shall elect one (1)
director for a term of one (1) year, one (1) director for a terms of two (2) years
, and one (1) director
Chunk 34 · Page 27
bers (including the Declarant if Declarant then owns one (1) or more
lots) shall elect one (1)
director for a term of one (1) year, one (1) director for a terms of two (2) years
, and one (1) director
for a term of three (3) years; and at each annual meeting thereafter, the members shall
elect upon
majority vote, one (1) director for a term of three (3) years. Should any lot
be owned by
a
partnership or a corporation, in a fiduciary capacity or otherwise, any officer, partner or
employee of
such owner shall be eligible to serve as a director.
-2-
07-31-03
11:01am From-
T-367 P.008/018 F-087
Section 3.4. Removal. Any director may be removed for cause or without cause at any
special, regular, or annual meeting of the Members or of the Board of
Directors, by the affirmative
vote of at least a majority of the Members or two
-thirds (2/3rds) of the directors then in office. A
removed director's successor may be appointed at the same
meeting to serve the unexpired temn.
Section 3.5. Term of Office and Vacancies. Each director shall hold office until the
appointment at the annual meeting of the Members and the qualification of
his or her successor in
accordance with Section 3.2 of these Bylaws. Any
vacancy in the Board of Directors arising at any
time and from any cause may be filled for the unexpired term
at any meeting of the Board of
Directors by a majority of the directors then in office. Each
director so appointed shall hold office
until the appointment at the annual meeting of the Board
of Directors and the qualification of his or
her successor.
Section 3.6.
Compensation. No director of the Corporation shall receive, directly or
indirectly, any salary, compensation, emolument or anything of value therefrom
as a director,
Chunk 35 · Pages unknown
his or
her successor.
Section 3.6.
Compensation. No director of the Corporation shall receive, directly or
indirectly, any salary, compensation, emolument or anything of value therefrom
as a director,
unless authorized by the concurring vote of a majority
of the Members.
ARTICLE FOUR
Meetings of the Board of Directors
Section 4.1. Annual Meeting; Notice. The annual meeting of the Board of Directors
shall be held at the principal office of the Corporation or at such
other place as the Board of
Directors shall determine on such day and at such time as
the Board of Directors shall designate.
Unless waived as contemplated in Section 4.4, notice of the time
and place of such annual meeting
shall be given either personally or by telephone or by mail
or by telegram or by facsimile not less
than ten (10) nor more than fifty (50) days before such
meeting.
Section 4.2. Regular Meetings; Notice. Regular meetings of the Board of Directors may
be held from time to time between annual meetings at such times
and at such places as the Board of
Directors may prescribe. Notice of the time and place of each
such regular meeting shall be given
by the secretary either personally or by telephone or
by mail or by telegram or by facsimile not less
than seven (7) nor more than thirty (30) days before
such regular meeting.
Section 4.3. Special Meetings: Notice. Special meetings of the Board of Directors may
be called by or at the request of the chairman or by any two of the
directors in office at that time.
Notice of the time, place and purpose of any special
meeting of the Board of Directors shall be
given either personally or by telephone or by mail or by
telegram or by facsimile at least twenty-
four (24) hours before such meeting.
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urpose of any special
meeting of the Board of Directors shall be
given either personally or by telephone or by mail or by
telegram or by facsimile at least twenty-
four (24) hours before such meeting.
Section 4.4. Waiver. Attendance by a director at a meeting shall constitute waiver of
notice of such meeting, except where a director attends a meeting
for the express purpose of
objecting to the transaction of business because the meeting is not
lawfully called.
Section 4.5. Quorum. At meetings of the Board of Directors, two-thirds (2/3rds) of the
directors then in office shall be necessary to constitute a quorum for
the transaction of business.
Section 4.6. Vote Required for Action. Except as otherwise provided in these Bylaws or
by law, the act of a majority of the directors present at a meeting at which a
quorum is present at the
time shall be the act of the Board of Directors. Voting
rights of a director shall not be delegated to
another.
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Section 4.7.
Action by Directors Without a Meeting. Any action required or permitted to
be taken at a meeting of the Board of Directors may be taken
without a meeting if a consent in
writing setting forth. the action so
taken is signed by all the members of the Board of Directors.
Such consent shall have the same
force and effect as a unanimous vote at a meeting duly
called.
The signed consent, or a signed copy,
shall be placed in the minute book.
Section 4.8. Telephone and Similar Meetings. Directors may participate in and hold a
meeting by means of conference telephone
or similar communications equipment by means of
which all persons participating in the
meeting can hear each other. Participation in such a meeting
shall constitute presence in person
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erence telephone
or similar communications equipment by means of
which all persons participating in the
meeting can hear each other. Participation in such a meeting
shall constitute presence in person
at the meeting, except where a person participates in the
meeting
for the express purpose of objecting
to the transaction of any business on the grounds
that the
meeting is not lawfully
called or convened.
Section 4.9. Adjournments. A meeting of the Board of Directors, whether or not a
quorum is present, may be adjourned by a majority of
the directors present to reconvene at a specific
time and place. It shall
not be necessary to give notice of the reconvened meeting or of the business
to be transacted, other than by
announcement at the meeting which was adjourned
. At any such
reconvened meeting at which a quorum
is present, any business may be transacted which could
have
been transacted at the meeting
which was adjourned.
ARTICLE FIVE
Members
Section 5.1. Members. The Members of the Corporation shall consist of the owners of
lots on Paradise Island, including additional
property subjected to the Declaration.
Section 5.2.
Organizational Meeting. The organizational meeting of the Members shall
take place within one hundred eighty (180) days of the filing
of the Articles of Incorporation.
Section 5.3. Annual Meeting. Annual meetings of the Members shall be held on the
second Monday in March of each year or at
such time reasonably thereafter as may be adopted by
resolution of the Board of Directors
. At such meeting, the directors shall be elected by ballot of the
Members, in accordance with
the provisions of these Bylaws. The Members may
transact such
other business at such meetings as
may properly come before them.
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directors shall be elected by ballot of the
Members, in accordance with
the provisions of these Bylaws. The Members may
transact such
other business at such meetings as
may properly come before them.
Section 5.4. Place of Meetings. Meetings of the Members shall be held at the principal
office of the Corporation or at such other
suitable place convenient to the Members as may be
designated by the Board of
Directors.
Section 5.5. Special Meetings. It shall be the duty of the Chairman of the Board of
Directors to call a special meeting of the
Members if so directed by resolution of the Board of
Directors or upon a petition signed
and presented to the Secretary by not less than twenty-five (25%)
percent of the Members
.
Section 5.6. Notice of Meetings. It shall be the duty of the Board of Directors to mail a
notice of each annual or special meeting of
the Members at least seven (7) days, but not more than
fifty (50) days prior to such meeting
, stating the purpose thereof as well as the time and place
where
it is to be held, to each
Member of record, at such address of such Member as appears
in the records
of the Corporation. The mailing of a
notice of meeting in the manner provided in this
Section shall
be considered service
of notice. No business shall be transacted at a special meeting
except as
stated in the notice. No notice need be
give to Members who attend a meeting in
person or who
waive notice in writing executed and
filed in the corporate records before or within ten (10) days
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after the meeting. If all members are present or consent thereto in writing, any business may be
transacted.
Section 5.7.
Adjournment of Meeting. If any meeting of Members cannot be held
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after the meeting. If all members are present or consent thereto in writing, any business may be
transacted.
Section 5.7.
Adjournment of Meeting. If any meeting of Members cannot be held
because a quorum has not attended, a majority of the Members who are present at such meeting,
either in person or by proxy, may adjourn the meeting to a time not less than forty-eight (48) hours
from the time the original meeting was called.
Section 5.8. Voting. If a lot is owned by more than one Member, such persons shall be
considered a single Member for all voting purposes and agree among themselves how a vote for
such lot shall be cast. Individual co-owners may not cast fractional votes. A vote by a Member for
the entire ownership interest of a lot shall be deemed to be pursuant to a valid proxy, unless another
co-owner of the same lot objects prior to or at the time the vote is cast, in which case the votes of
such co-owners shall not be counted. The Corporation shall have two classes of voting
membership:
(a) Class A. Class A Members shall be lot owners with the exception of the Declarant,
and shall be entitled to one (1) vote for each lot owned. When more than one person holds an
interest in any lot, all such persons shall be Members. The vote for such lot shall be exercised as
they among themselves determine, but in no event shall more than one vote be cast with respect to
any lot.
(b)
Class B. The Class B Member(s) shall be the Declarant, its successors and assigns
and shall be entitled to five (5) votes for each lot it owns. The Class B membership shall cease and
be converted to Class A membership on the happening of the earlier of the following:
membership;
(1)
(2)
when the Declarant executes and records an instrument forfeiting its Class B
Chunk 40 · Page 30
ip shall cease and
be converted to Class A membership on the happening of the earlier of the following:
membership;
(1)
(2)
when the Declarant executes and records an instrument forfeiting its Class B
when the Declarant has conveyed to others seventy-five (75%) percent of
the lots in Paradise Island (lots shall include those lots contained in or situate on any additional
property which Declarant shall hereafter bring under the terms of the Declaration); or
(3)
Section 5.9.
December 31, 2010.
Quorum. Except as may be otherwise provided in these Bylaws, a majority
of the Members present in person or by proxy, at any meeting of Members shall constitute a quorum
at all meetings of the Members.
Section 5.10. Majority Vote. The vote of Members holding at least fifty-one (51%)
percent of the Members attending a meeting at which a quorum shall be present shall be binding
upon all Members for all purposes except where in these Bylaws or by law, a higher percentage vote
is required.
ARTICLE SIX
Property Rights in the Common Areas
Section 6.1. Member's Easement of Enjoyment. Subject to the provisions of Section 6.2
of this Article, every Member shall have a right and easement of enjoyment in and to the common
areas, and such easement shall be appurtenant to and shall pass with the title to the lot. Any
Member of the Corporation may delegate his rights of enjoyment in the common areas to the
Members of his family who reside upon the lot or to any of his tenants or renters who lease or rent
the lot from him. Such Members shall notify the Secretary in writing of the name of any person or
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persons and of the relationship of the Member to such person or persons. The right and privileges of
such person or persons are subject to
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y person or
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persons and of the relationship of the Member to such person or persons. The right and privileges of
such person or persons are subject to
suspension to the same extent of those of the Member.
Section 6.2. Title to Common Areas. Declarant, its successors or assigns, may retain the
legal title to the common areas or exercise the powers enumerated
in Section 6.3(e) below until such
time, if ever, as it has completed improvements
, if any, thereon and until such time as, in the opinion
of Declarant, the Corporation is able to maintain
the same.
Section 6.3: Extent of Members' Easements. The rights and easements of enjoyment
created hereby shall be subject to the following:
(a) The rights of Declarant, and of the Corporation in accordance with its Articles and
By-Laws, to borrow money for the purpose of improving
any common areas and in aid thereof to
mortgage said areas. In the event of default
upon any such mortgage, the Lender's rights hereunder
shall be limited to a right, after taking possession
of such area, if necessary, to open the enjoyment
of such areas to a wider public until the mortgage
debt is satisfied, whereupon the possession of
such areas shall be returned to the Corporation
and all rights of the Members hereunder shall be
fully restored.
(b)
The right of the Corporation to take such steps as are reasonably necessary to
protect the above described areas against foreclosure;
(c) The right of the Corporation, as provided in these By-Laws, to suspend the
enjoyment rights of any Member for any period
during which any assessment remains unpaid, and
for any period not to exceed thirty (30) days
for an infraction of its published rules and regulations;
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he
enjoyment rights of any Member for any period
during which any assessment remains unpaid, and
for any period not to exceed thirty (30) days
for an infraction of its published rules and regulations;
(d) The right of the Corporation to dedicate or transfer all or any part of the common
areas to any public agency, authority or utility for
such purpose and subject to such conditions as
may be agreed to by the Members, provided
that no such dedication or transfer, or determination as
to the purposes or as to the conditions thereof
, shall be effective unless an instrument signed by
Members entitled to cast two-thirds (2/3
) of the votes of the membership has been recorded,
agreeing to such dedication, transfer, purpose
or condition, and unless written notice of the proposed
agreement and action hereunder is sent to
every Member at least thirty (30) days in advance of any
action taken.
ARTICLE SEVEN
Assessments
Section 7.1. Assessments and Charges. The Board of Directors of Paradise Island shall
have the right and power to subject the property situated
in Paradise Island to maintenance and
service fees, annual assessments, emergency
assessments, special assessments, capital assessments
and other charges determined by the Board of
Directors.
Section 7.2. Purpose of Assessments. The assessments levied by the Corporation shall
be used exclusively to maintain the private roads, easements
, tennis courts or other improvements in
common areas (if any) to promote the recreation
, health, safety, and welfare of the residents in the
Properties and for the general improvement
and maintenance of the common areas; to do all other
things authorized or contemplated by the
Declaration or these By-Laws.
Section 7.3.
Information. Upon demand, the Corporation shall fumish to any owner or
Chunk 43 · Page 31
ntenance of the common areas; to do all other
things authorized or contemplated by the
Declaration or these By-Laws.
Section 7.3.
Information. Upon demand, the Corporation shall fumish to any owner or
mortgagee or person interested a certificate showing the unpaid charges
against any lot.
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Section 7.4. Exempt Property. The following properties are exempt from the assessment
and charges provided for in these By-Laws:
(a)
(b)
Common areas;
All properties to the extent of any easement or other interest therein dedicated and
accepted by a local public authority and devoted for public use.
Section 7.5. Lien and Permanent Charge. Each of the lots described in the Declaration
and any additional property subjected to the Declaration and these By-Laws are hereby made
subject to a lien and permanent charge in favor of the Corporation for maintenance
and services
fees, annual assessments, emergency assessments, special assessments, capital assessments
, sewer
service charges and tap-in fees and other charges determined by the Board of Directors; and
each lot
hereafter made subject to these By-Laws shall automatically be subjected to said liens
and
permanent charges at the time the lot is made subject to these By-Laws. Such
maintenance and
service fees, annual assessments, emergency assessments, special assessments, capital
assessments,
sewer charges and tap-in fees, and other charges determined by the Board of Directors, together
with interest thereon, shall constitute a permanent charge and a continuing lien
on the lot to which
such assessments relate, and such permanent charge and lien shall bind such lot in the hands of any
and all persons.
Section 7.6. Personal Obligation. Each owner or part owner of any lot is or shall become
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assessments relate, and such permanent charge and lien shall bind such lot in the hands of any
and all persons.
Section 7.6. Personal Obligation. Each owner or part owner of any lot is or shall become
subject to these By-Laws, by acceptance of a Deed or other conveyance therefor, whether or not it
shall be so expressed in such document, whether or not such document shall be signed by such
owner and whether or not such owner shall otherwise consent in writing; and each owner or part
owner shall be deemed to covenant, promise, and agree to pay to the Corporation all assessments
and charges relating to the lot; and any person or persons who was or were the owner or owners of
any lot or lots subject to assessment by the Corporation at a time when any assessment, charge, or
fee came due with respect to such lots shall be personally obligated to pay such assessment, together
with interest thereon.
Section 7.7.
Subordination of the Lien to Mortgage. The lien of the assessments, charges
and fees provided for herein shall be subordinate to the lien of any mortgage now or hereafter placed
upon the properties subject to assessment.
Section 7.8. Enforcement. The permanent charge, the lien and the personal obligation
hereby created may be enforced by the Corporation in any appropriate proceeding in law or in
equity.
Section 8.1.
ARTICLE EIGHT
Architectural Review Board
Declarant's Rights. Declarant shall reserve the right to initially serve as the
Architectural Review Board of Paradise Island Property Owners Association, Inc. (hereinafter
"ARB") and shall have the right to approve all homes, docks, and plans and specifications for either
,
all as provided in the Declaration. At such time as Declarant has sold more than
seventy-five (75%
)
Chunk 45 · Page 32
B") and shall have the right to approve all homes, docks, and plans and specifications for either
,
all as provided in the Declaration. At such time as Declarant has sold more than
seventy-five (75%
)
percent of the lots in Paradise Island, the Declarant will assign its right for architectural
review to
the Corporation. The Declarant further reserves the right, but shall not be obligated to
, assign its
right for architectural review to the Corporation prior to the sale of seventy-
five (75%) of the lots
and Declarant shall automatically lose such control at such time as may be
required by any
governmental body having jurisdiction over Paradise Island.
Section 8.2.
Regular Meetings. The ARB shall meet for the transaction of business at
such place as may be designated from time to time.
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Section 8.3.
Special Meetings. Special meetings of the ARB may be called by three (3)
Members of the Board for any time and place, provided that reasonable notice of such meetings
shall be given to each Member of the ARB of the time appointed for such meeting.
Section 8.4.
Quorum. The ARB shall act only as a Board, and individual Members shall
have no powers. The majority of the ARB for the time being in office shall constitute a quorum for
the transaction of business, but a majority of those present at the time and place of any regular or
special meeting, although less than a quorum, may adjourn the same from time to time without
notice until a quorum be at hand. The act of a majority of Members of the Board present at any
meeting at which there is a quorum shall be the act of the ARB, except as may be otherwise
provided by law.
Section 8.5.
business at its meetings.
Section 8.6.
Chunk 46 · Pages unknown
y of Members of the Board present at any
meeting at which there is a quorum shall be the act of the ARB, except as may be otherwise
provided by law.
Section 8.5.
business at its meetings.
Section 8.6.
Order of Business. The ARB may from time to time determine the order of
Chairman. At all meetings of the ARB, a Chairman chosen by the Members
of the Board present shall preside.
Section 8.7. Terms of Members of the Board. Subject to the provisions of Section I
above, Members of the Corporation may remove any individual Member of the ARB, with or
without cause, by a majority vote of the owners of the lots of Paradise Island at an annual or special
meeting of Members at which a quorum is present.
Section 8.8. Vacancies on Board. Subject to the requirements of Section 8.1 above,.
whenever a vacancy in the membership of the Board shall occur, the remaining Members of the
Board shall have the power, by majority vote, to select a Member to serve the unexpired tenn of the
vacancy.
Section 8.9. Responsibility of Owners. In the event that any dwelling, building, fence,
dock, or other structure is to be erected, modified or altered on any lot, or in the event that any re-
landscaping or site alteration is to take place within the area of any lot, from time to time, complete
plans and specifications, including site and landscaping plans, shall be submitted to the ARB for
approval before the commencement of work.
Section 8.10. Scope of Architectural Review. Within thirty (30) days of the submissions
of such plans, the ARB shall approve, disapprove, or recommend modifications of the same. In the
event that action is not taken within thirty (30) days of the date received by the Committee, such
plans shall be deemed approved. Factors to be considered by the ARB shall include, but not be
Chunk 47 · Page 33
In the
event that action is not taken within thirty (30) days of the date received by the Committee, such
plans shall be deemed approved. Factors to be considered by the ARB shall include, but not be
limited to, the following: .
(a)
Preservation of the natural environment;
(b) Harmony of design with the locale and with existing structures, so as to avoid
devaluation of surrounding properties;
(c) The desirability of minimizing intrusions on the view and privacy of surrounding
properties;
(d)
Design and location of driveway entrances and utility service equipment so as to
protect the private drive from damage or erosion;
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(e) Complete compliance with all building restrictions as set out in the Declaration
dated and recorded in the RMC Office for Charleston County simultaneously herewith, or such
other covenants and restrictions as may be recorded with respect to the lot or property in question.
(f) Hardship or unusual circumstances pertaining to the submittal in question.
Section 8.11. Enforcement of Requirements of ARB. The ARB is empowered, on behalf.
of the Corporation and affected individual owners, to bring an action to enforce the requirements of
this Article including, but not by way of limitation, actions for injunctive relief.
Section 8.12: Matters Requiring Review by ARB. Those items requiring review by the
ARB shall include, but not be limited to, the following:
(a) Approval of all plans and specifications, including site and landscaping plans, for any
building, residence, or other structure, and including plans for decks and for exterior lighting.
Waiver of the requirements of the provisions of ARB;
(b)
(c)
Approval of fences in Paradise Island;
(d)
Approval of trash containers in Paradise Island;
(e)
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plans for decks and for exterior lighting.
Waiver of the requirements of the provisions of ARB;
(b)
(c)
Approval of fences in Paradise Island;
(d)
Approval of trash containers in Paradise Island;
(e)
thereto; and
(f)
Approval of docks on creeks or marsh abutting Paradise Island, and paving adjacent
Approval of decks on marsh abutting Paradise Island.
Section 8.13: Common Areas. The ARB shall not have authority over the common areas
in Paradise Island until the particular common areas have been conveyed by the Declarant to the
Corporation.
ARTICLE NINE
Notice and Waiver
Section 9.1. Procedure. Whenever these Bylaws require notice to be given to any
director, the notice shall be given as prescribed in Article Four. Whenever notice is given to a
director or Member by mail, the notice shall be sent first-class mail by depositing the same in a post
office or letter box in a postage prepaid sealed envelope addressed to the director or Member at his
or her address as it appears on the books of the Corporation; and such notice shall be deemed to
have been given at the time the same is deposited in the United States mail. Notice shall be deemed
to have been given by telegram or cablegram at the time notice is filed with the transmitting agency.
Section 9.2. Waiver. Whenever any notice is required to be given to any director or
Member by law, by the Articles of Incorporation, or by these Bylaws, a waiver thereof in writing
signed by the director or Member entitled to such notice, whether before or after the meeting to
which the waiver pertains, shall be deemed equivalent thereto.
ARTICLE TEN
Officers
Section 10.1. Number and Qualifications. The officers of the Corporation shall consist of
Chunk 49 · Page 34
re or after the meeting to
which the waiver pertains, shall be deemed equivalent thereto.
ARTICLE TEN
Officers
Section 10.1. Number and Qualifications. The officers of the Corporation shall consist of
a chairman, treasurer, and a secretary. The Board of Directors may from time to time create and
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establish the duties of such other officers or assistant officers as it deems necessary for the efficient
management of the Corporation, but the Corporation shall not be required to have at any time any
officers other than a chairman, treasurer, and a secretary. Any two (2) or more offices may be held
by the same person, except the offices of the chairman and the secretary.
Section 10.2. Election and Term of Office. The officers of the Corporation shall be
elected by the Board of Directors and shall serve for a term of one (1) year and until their successors
have been elected and qualified, or until their earlier death, resignation, removal, retirement, or
disqualification.
Section 10.3. Other Agents. The Board of Directors may appoint from time to time such
agents as it may deem necessary or desirable, each of whom shall hold office during the pleasure of
the board, and shall have such authority and perform such duties and shall receive such reasonable
compensation, if any, as the Board of Directors may from time to time determine.
Section 10.4. Removal. Any officer or agent elected or appointed by the Board of
Directors may be removed by a majority of the Board of Directors whenever in its judgment the best
interests of the Corporation will be served thereby.
Section 10.5. Vacancies. A vacancy in any office arising at any time and from any cause
may be filled for the unexpired term at any meeting of the Board of Directors.
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rporation will be served thereby.
Section 10.5. Vacancies. A vacancy in any office arising at any time and from any cause
may be filled for the unexpired term at any meeting of the Board of Directors.
Section 10.6. Chairman. The Chairman shall be principal executive officer of the
Corporation and shall preside at all meetings of the Board of Directors. Subject to the control and
direction of the Board of Directors, the chainman shall be authorized to sign checks, drafts, and other
orders for the payment of money, notes or other evidences of indebtedness issued in the name of the
Corporation, and statements and reports required to be filed with the state or federal officials or
agencies; and the chairman shall be authorized to enter into any contract or agreement and to
execute in the corporate name, along with the secretary, any instrument or other writing; and the
chairman shall see that all orders and resolutions of the Board of Directors are carried into effect.
The chairman shall have the right to supervise and direct the management and operation of the
Corporation and to make all decisions as to policy and otherwise which may arise between meetings
of the Board of Directors, and the other officers and employees of the Corporation shall be under his
supervision and control during such interim. The chairman shall perform these and such other
duties and have such other authority and powers as the Board of Directors may from time to time
prescribe.
Section 10.7. Treasurer. The Treasurer shall have the custody of all the receipts,
disbursements, funds, and securities of the Corporation and shall perform all duties incident to the
office of Treasurer, subject to the control of the Board of Directors and the President. If required by
Chunk 51 · Page 35
ursements, funds, and securities of the Corporation and shall perform all duties incident to the
office of Treasurer, subject to the control of the Board of Directors and the President. If required by
the Board, he shall give a bond for the faithful discharge of his duties in such form as the Board may
require.
Section 10.8.
(a)
Secretary.
The secretary shall attend all meetings of the Board of Directors and record
all votes, actions and the minutes of all proceedings in a book to be kept for that purpose and shall
perform like duties for the executive and other committees when required.
(b)
The secretary shall give, or cause to be given, notice of all meetings of the
Board of Directors.
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(c)
The secretary shall keep in safe custody the seal of the Corporation and,
when authorized by the Board of Directors or the chairman, affix it to any instrument requiring it.
When so affixed, it shall be attested by the secretary's signature or by the signature of the treasurer
or an assistant secretary.
(d)
The secretary shall be under the supervision of the chairman. The secretary
shall perform such other duties and have such other authority and powers as the Board of Directors
may from time to time prescribe or as the chairman may from time to time delegate.
ARTICLE ELEVEN
Contracts, Checks, Deposits and Funds
Section 11.1. Contracts. The Board of Directors may authorize any officer or officers,
agent or agents of the Corporation, in addition to the officers so authorized by these Bylaws, to enter
into any contract or execute and deliver any instrument in the name and on behalf of the
Corporation. Such authority must be in writing and may be general or confined to specific
instances.
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, to enter
into any contract or execute and deliver any instrument in the name and on behalf of the
Corporation. Such authority must be in writing and may be general or confined to specific
instances.
Section 11.2. Checks, Drafts, Notes, Etc. All checks, drafts or other orders for the
payment of money, notes or other evidences of indebtedness issued in the name of the Corporation
shall be signed by such officer or officers, agent or agents, of the Corporation and in such other
manner as may from time to time be determined by resolution of the Board of Directors. In the
absence of such determination by the Board of Directors, such instruments shall be signed by the
secretary and countersigned by the chairman of the Corporation.
Section 11.3. Deposits. All funds of the Corporation shall be deposited from time to time
to the credit of the Corporation in such banks, trust companies or other depositories as the Board of
Directors may select.
Section 11.4. Gifts. The Board of Directors may accept on behalf of the Corporation any
contribution, gift, bequest, or devise for the general purposes or for any special purpose of the
Corporation.
ARTICLE TWELVE
Indemnification and Insurance
Section 12.1. Indemnification. In the event that any person who was or is a party to or is
threatened to be made a party to any threatened, pending or completed action, suit or proceeding,
whether civil, criminal, administrative or investigative, seeks indemnification from the Corporation
against expenses, including attorneys' fees (and in the case of actions other than those by or in the
right of the Corporation, judgments, fines and amounts paid in settlement), actually and reasonably
incurred by him in connection with such action, suit, or proceeding by reason of the fact that such
Chunk 53 · Page 36
right of the Corporation, judgments, fines and amounts paid in settlement), actually and reasonably
incurred by him in connection with such action, suit, or proceeding by reason of the fact that such
person is or was a director, officer, employee, director, or agent of the Corporation, or is or was
serving at the request of the Corporation as a director, officer, employee, director, or agent of
another corporation, domestic or foreign, non-profit or for profit, partnership, joint venture, trust, or
other enterprise, then, unless such indemnification is ordered by a court, the Corporation shall
determine, or cause to be determined, in the manner provided under the Act whether or not
indemnification is proper under the circumstances because the person claiming such indemnification
has met the applicable standards of conduct set forth in the Act; and, to the extent it is so determined
that such Indemnification is proper, the person claiming such indemnification shall be indemnified
to the fullest extent now or hereafter permitted by the Act.
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Section 12.2. Indemnification Not Exclusive of Other Rights.
The indemnification
provided in Section-12.1 above shall not be deemed exclusive of any other rights to which those
seeking indemnification may be entitled under the Articles of Incorporation or
Bylaws, or any
agreement, vote of members or disinterested directors, or otherwise, both as to action in his
official
capacity and as to action in another capacity while holding such office, and shall
continue as to a
person who has ceased to be a director, officer, employee, director or agent, and shall
inure to the
benefit of the heirs, executors, and administrators of such a person.
Chunk 54 · Pages unknown
e, and shall
continue as to a
person who has ceased to be a director, officer, employee, director or agent, and shall
inure to the
benefit of the heirs, executors, and administrators of such a person.
Section 12.3. Insurance. The Corporation may purchase and maintain insurance on behalf
of any person who is or was a director, officer, employee, director, or agent of the Corporation,
or is
or was serving at the request of the Corporation as a director, officer, employee,
director or agent
of
another corporation, domestic or foreign, non-profit or for profit, partnership, joint venture, trust or
other enterprise.
Section 13.1.
ARTICLE THIRTEEN
Miscellaneous
Books and Records. The Corporation shall keep correct and complete
books and records of account and shall also keep minutes of the proceedings of its Board of
Directors and committees having any of the authority of the Board of Directors.
Section 13.2. Fiscal Year. The Board of Directors is authorized to fix the fiscal year of
the Corporation and to change the same from time to time as it deems appropriate.
Section 13.3. Construction. Whenever the context so requires, the masculine shall include
the feminine and neuter, and the singular shall include the plural, and conversely. If any portion of
these Bylaws shall be invalid or inoperative, then, so far as is reasonable and possible:
inoperative.
(a)
(b)
Section 13.4.
The remainder of these Bylaws shall be considered valid and operative.
Effect shall be given to the intent manifested by the portion held invalid or
Table of Contents; Headings. The table of contents and headings are for
organization, convenience and clarity. In interpreting these Bylaws, they shall be subordinated in
importance to the other written material.
Section 13.5.
Chunk 55 · Pages 37-38
s. The table of contents and headings are for
organization, convenience and clarity. In interpreting these Bylaws, they shall be subordinated in
importance to the other written material.
Section 13.5.
Relation to Articles of Incorporation. These Bylaws are subject to, and
governed by, the Articles of Incorporation.
ARTICLE FOURTEEN
Amendments
Section 14.1. Power To Amend Bylaws. The Declarante and the Members shall have the
power to alter, amend or repeal these Bylaws or adopt new bylaws.
Section 14.2. Conditions. Action by the Members with respect to Bylaws shall be taken
by the affirmative vote of two-thirds (2/3rds) of the Members, provided, however
, that Declarant
consents in writing to such amendment if Declarant is then the Class B members
and, provided,
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further, that these Bylaws may be amended, altered, or repeded and replaced by new Bylaws by the
Declarant for so long as Declarant retains its Class B membership.
ARTICLE FIFTEEN
Dissolution
Section 15.1. Dissolution. On dissolution of the Corporation, any funds remaining shall
be distributed by the Board of Directors in accordance with the Act.
(c:\word\wp51data\island\15142.BylawsHOA.doc)
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DECLARATION AND ESTABLISHMENT OF CONDITIONS,
RESERVATIONS, AND RESTRICTIONS FOR
PARADISE ISLAND WEST END
Paradise Island Joint Venture, a South Carolina Partnership, (such entity, its successors
and assigns, hereinafter referred to as the "Declarant"), being the owner of the premises, situate.
within the County of Charleston, State of South Carolina, and described on Exhibit A attached
hereto (the "Premises"), has established a general plan for the improvement and development of
the Premises and certain other portions of Paradise Island, and declares the covenants,
Chunk 56 · Pages unknown
xhibit A attached
hereto (the "Premises"), has established a general plan for the improvement and development of
the Premises and certain other portions of Paradise Island, and declares the covenants,
conditions, reservations, and restrictions upon which, and subject to which, all platted
residential lots and portions of platted residential lots in the Premises (the "lots") shall be
improved, sold and conveyed by it as owner as set forth in those certain Declaration and
Establish of Conditions, Reservations and Restrictions for Paradise Island dated April 29,
1997 and recorded in the RMC Office for Charleston County on April 29, 1997 in Book J283,
at Page 639, et. seq., as amended by Amendment dated December 9, 1998, and recorded in
the RMC Office for Charleston County on December 9, 1998 in Book F316, at Page 635, and
as further amended by Amendment dated January 7, 1999, and recorded in the RMC Office
for Charleston County on January 7, 1999 in Book C318, at Page 368.
The Declarant is now minded to further restrict the Premises by these additional
conditions, reservations and restrictions for the Premises, known as Paradise Island West End.
Each and every one of these covenants, conditions, reservations, and restrictions is for the
benefit of each owner of land in the Premises, and each mortgagee or holder of other interest
therein, and shall inure to and pass with each and every parcel of the Premises, and shall bind
the respective successors and assigns of the Declarant. These covenants, conditions,
reservations, and restrictions are each imposed upon the lots, all of which are to be construed as
restrictive covenants running with the title to the lots and with each and every parcel:
1. Assessments and Liens. The owners of all lots situated in the Premises, but
Chunk 57 · Page 39
of which are to be construed as
restrictive covenants running with the title to the lots and with each and every parcel:
1. Assessments and Liens. The owners of all lots situated in the Premises, but
excepting the Declarant, which will be the owner of the roads (subject to the right of Declarant
to convey such roads, or parts thereof, to the West End Property Owners Association (the "West
End Association") at any time), rights-of-way and certain common property, shall be subject, in
addition to the fees and assessments set forth in the general Declaration applicable to the
Premises and other portions of Paradise Island dated April 29, 1997, as amended, to additional
maintenance and service fees, annual assessments, emergency assessments, special assessments,
capital assessments and other charges determined and payable in accordance with these
Covenants or the Bylaws of the West End Association, as amended from time to time. The
Board of Directors shall have the right to levy assessments for the regular maintenance of the
roads within the Premises, the gate to the Premises and of any common properties and property
owned by the West End Association, special assessments for proper purposes of the West End
Association, as determined by the Board of Directors from time to time, and emergency
assessments to protect property or for the safety of the Premises, the lots, or the owners of lots.
Regular assessments shall not exceed Three Hundred and No/100 ($300.00) Dollars per lot per
1
year unless approved in writing by the owners, including the Declarant, of seventy-five (75%)
percent of the lots subject to this Declaration. The fees, charges, costs and other assessments
provided for herein may be set at separate fixed rates for improved, unimproved, and any other
Chunk 58 · Pages unknown
ive (75%)
percent of the lots subject to this Declaration. The fees, charges, costs and other assessments
provided for herein may be set at separate fixed rates for improved, unimproved, and any other
class of property, based upon reasonable cost sharing principles reflecting access, benefit, and
use of the roads, gate, properties and services. Each owner shall be personally liable for such
fees, charges, costs and assignments contemplated by these Covenants and/or imposed pursuant
to such Bylaws, as amended from time to time. Should an owner fail to pay the West End
Association within thirty (30) days after any such fee, charge, cost or assessment becomes due,
the Board of Directors shall have the right to file a notice of lien and lis pendens against such
property, and the West End Association shall have a lien on such property for the payment of
such sum, together
with late charges and interest in accordance with the West End Association's
Bylaws. The Board of Directors shall have the right to bill and collect interest and late charges,
to institute legal proceedings and to enforce such rights to the extent and in the manner
permitted by the laws of South Carolina, including the right to charge and collect all necessary
attorneys' fees, court costs, and other collection expenses, necessitated by such delinquency.
Declarant hereby covenants and agrees that it shall pay to West End Association, at the end of
each year, a sum of money equal to any budget deficit experienced by the Association.
Provided, however, the Declarant shall be not required to pay to the West End Association any
more than a sum equal to the amount of assessments that the Declarant would have paid on lots
owned by the Declarant for said year or portion thereof if said lots had not been exempt from
Chunk 59 · Pages unknown
ociation any
more than a sum equal to the amount of assessments that the Declarant would have paid on lots
owned by the Declarant for said year or portion thereof if said lots had not been exempt from
assessments.
Upon conveyance by deed or by law of any lot or part or portion thereof, the purchaser
thereof and each successive owner shall be and become personally liable for and shall pay all
fees, assessments and other charges, past or future, due to the West End Association in
accordance with the provisions of these Covenants and the provisions of the West End
Association's Bylaws, as either or both may be amended from time to time.
2.
Gate. The Declarant shall construct a gate at the entrance to the Premises and
it shall be the responsibility of the owners of lots in the Premises and the West End
Association, by assessment, to pay for the maintenance, repair and replacement of such gate,
including any mechanical, electrical, or other form of gate control.
3. West End Property Owners Association. For the purpose of owning and
maintaining roads (if conveyed), common areas, traffic control, general planting within
roadway and common areas, for the general use and benefit of all lot owners, each and every lot
owner, in accepting a deed or contract for any lot in the Premises, agrees to and shall be a
member of and be subject to the obligations and duly enacted Bylaws and rules of the West End
Association, in addition to the membership and Bylaws of the Paradise Island Property Owners
Association.
4.
Term, Extensions. All of the foregoing covenants, conditions, reservations, and
restrictions shall continue and remain in full force and effect at all times as against the owner of
any lot in the Premises, regardless of how he or she acquired title, until the commencement of
Chunk 60 · Page 40
and
restrictions shall continue and remain in full force and effect at all times as against the owner of
any lot in the Premises, regardless of how he or she acquired title, until the commencement of
the calendar year 2030, on which date these covenants, conditions, reservations, and restrictions
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A
shall terminate and end, and thereafter be of no further legal or equitable effect on the Premises
or any owner. However
, these covenants, conditions, reservations, and restrictions shall be
automatically
extended for a period of ten (10) years, and thereafter in successive ten-year
periods, unless on
or before the end of one of the extension periods or the initial period the
owners of two-thirds of
the lots in the Premises shall by written instrument duly recorded
declare a termination
of the same. Although these covenants, conditions, reservations, and
restrictions may expire,
any and all reversions for breach of these covenants, conditions,
reservations, or restrictions
committed or suffered prior to expiration shall be absolute.
5. Expenses. If the Declarant or the Board of Directors of the West End
Association
hires
counsel to enforce any of the foregoing covenants, conditions, reservations, or
restrictions, or to reenter,
by reason of a breach, all costs incurred in the enforcement, including
a reasonable fee for
counsel, shall be paid by the owner of the subject lot or lots and their shall
be a lien upon such lot
or lots to secure payment of all such accounts.
6.
Mortgages. The breach of any of the foregoing covenants, conditions,
reservations, or
restrictions,
shall not defeat or render invalid the lien of any mortgage made in
good faith for value as to
any lot or lots or portions of lots in the premises, but these covenants,
conditions, reservations,
Chunk 61 · Pages unknown
ions,
shall not defeat or render invalid the lien of any mortgage made in
good faith for value as to
any lot or lots or portions of lots in the premises, but these covenants,
conditions, reservations,
and restrictions shall be binding upon and effective against any
mortgagee or trustee or
owner, whose title or whose grantor's title is or was acquired by
foreclosure, trustee's sale, or otherwise.
7. Waiver. No delay or omission on the part of the Declarant or the owners of
other lots
in the premises
in exercising any rights, power, or remedy herein provided, in the
event of any breach of the
covenants, conditions, reservations, or restrictions herein contained,
shall be construed as
a waiver thereof or acquiescence therein, and no right of action shall
accrue nor shall
any action be brought or maintained by anyone whatsoever against the
Declarant for or on account of its
failure
to bring any action on account of any breach of these covenants, conditions, reservations, or
restrictions, or for
imposing restrictions herein which may be unenforceable by the Declarant.
8. Severability. In the event any one or more of the foregoing covenants,
conditions
, reservations, or
restrictions is declared for any reason, by a court of competent
jurisdiction, to be null
and void, the judgment or decree shall not in any manner whatsoever
affect, modify, change,
abrogate, or nullify any of the covenants, conditions, reservations, and
restrictions not declared
to be void or unenforceable, but all of the remaining covenants,
conditions, reservations,
and restrictions not expressly held to be void or unenforceable shall
continue unimpaired
and in full force and effect.
9.
Bridges, Walkways, Etc. The Declarant has, by express reservation and as
herein established
, the right
Chunk 62 · Page 41
ssly held to be void or unenforceable shall
continue unimpaired
and in full force and effect.
9.
Bridges, Walkways, Etc. The Declarant has, by express reservation and as
herein established
, the right
to build any bridges, walkways or fixed spans across any or all
natural or man-made canals,
creeks or lagoons in the Premises to which it holds title. The
design
and location of such structure on property which is now or hereafter becomes subject to
these Covenants, will
not be subject to approval by the West End Association. Nothing in this
paragraph shall be
construed as placing an affirmative obligation on the Declarant to provide or
-3-
construct any bridge, walkway or fixed span. Any such bridge or walkway may be conveyed to
the West End Association and
the West End Association shall accept such conveyance.
10. Notices. All papers or instruments, plans and specifications, or any other
writings provided for herein, shall be filed with or submitted to the Declarant at its then current
address and to
the West End Association or its designated representative, by personal delivery
or certified mail in
care of Paradise Island West End Property Owners Association, at its then
current address
. Notices to property owner's shall be deemed to have been duly given when
delivered in
person or deposited in the mail, postage prepaid, and addressed to the owner at the
property address or at such other address as may have been provided to the West End
Association for
such purpose.
11. Modification. These Restrictive Covenants may be altered, modified, canceled
or changed by the number of property owners who constitute the owners of more than fifty
(50%) percent of the
lots in the Premises, as determined on the basis of the number of votes
Chunk 63 · Pages 41-42
modified, canceled
or changed by the number of property owners who constitute the owners of more than fifty
(50%) percent of the
lots in the Premises, as determined on the basis of the number of votes
entitled to be cast by the membership of the West End Association. Such modification may be
accomplished
only by referendum in accordance with the West End Association Bylaws. These
Restrictive
Covenants may be altered, modified, or changed by the Declarant (i) to correct
inconsistencies,
and (ii) for a period of five (5) years from the date of recording of these
Restrictive
Covenants, if the change does not, in the reasonable opinion of Declarant, materially
decrease the
value of any lot previously conveyed by Declarant to a third party, and such
change is, in the reasonable
opinion of the Declarant, necessary for the orderly development of
the Premises into residential lots.
12. Assignment. The Declarant and the Board of Directors each shall have the right
to assign to any one or more persons, firms, corporations, partnerships, or associations any and
all of the
rights, powers, titles, easements and estates reserved, given or otherwise passing to it
from the Declarant.
IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal this 5 day
of July, 2002.
WITNESSES:
PARADISE ISLAND JOINT VENTURE, a
South Carolina Partnership
By:
Paradise Island Associates L.P.
Its:
Partner
By:
Island Development Partners
Its:
General Partner
By:
William M. Barnwell, III
Its:
Partner
- 4-
STATE OF SOUTH CAROLINA
COUNTY OF CHARLESTON
)
PROBATE
PERSONALLY appeared before me the undersigned witness and made oath that (s)he
saw the within-named Paradise Island Joint Venture, a South Carolina Partnership, by Paradise
Island
Chunk 64 · Pages 42-43
CHARLESTON
)
PROBATE
PERSONALLY appeared before me the undersigned witness and made oath that (s)he
saw the within-named Paradise Island Joint Venture, a South Carolina Partnership, by Paradise
Island
Associates L.P., its Partner, by Island Development Partners, its General Partner, by
William H. Barnwell, III, its Partner, sign, seal and as its act and deed, delivered the within
written instrument, and that (s)he with the other witness witnessed the execution thereof.
WITNESS
for
15th
SWORN to before me this
15 day of July, 2002.
.
NÓTARY PUBLIC FOR SOUTH CAROLINA
My Commission Expires: 7/24/11
(c://worddata/Paradise Island/1011 Declaration and Est. of Conditions...071202.original)
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EXHIBIT A
ALL that certain piece, parcel and lot of land, together with the improvements thereon,
situate, lying, and being on
Big Paradise Island, Christ Church Parish, Charleston County, and
shown and designated
as "Phase 2, Big Paradise Island", on a plat entitled “CONDITIONAL
PLAT PHASE 2 BIG
PARADISE ISLAND, CHRIST CHURCH PARISH, CHARLESTON
COUNTY,
S.C., PLAT OF LOTS 61 - 64 and 66.– 98 BLOCK C, AND TRACT E, GREEN
SPACES AND ROAD
RIGHTS-OF-WAY CONTAINING 33.24 ACRES OWNED BY
PARADISE
ISLAND JOINT VENTURE” by E.M. Seabrook, Jr., Inc. dated February 28,
2000, last revised May 31,
2002 and recorded in Plat Book EF at Page 772 in the RMC Office
for Charleston County
, to which reference is hereby craved for a more complete description.
Less and Excepting all those certain pieces, parcels or tracts of land situate, lying and being
on Big Paradise Island,
Christ Church Parish, Charleston County, and shown and designated
as "Tract E, Little Pump
Island, 2.35 Ac., 102,424 sq. ft. TMS 617-00-00-007, Paradise Island
Joint Venture" and "
Chunk 65 · Pages 43-44
ig Paradise Island,
Christ Church Parish, Charleston County, and shown and designated
as "Tract E, Little Pump
Island, 2.35 Ac., 102,424 sq. ft. TMS 617-00-00-007, Paradise Island
Joint Venture" and "
50' Access Easement to Tract E (Little Pump Island)" on a plat entitled
“CONDITIONAL PLAT
PHASE 2 BIG PARADISE ISLAND, CHRIST CHURCH
PARISH,
CHARLESTON COUNTY, S.C., PLAT OF LOTS 61 – 64 and 66 - 98 BLOCK C,
AND TRACT E,
GREEN SPACES AND ROAD RIGHTS-OF-WAY CONTAINING 33.24
ACRES OWNED
BY PARADISE ISLAND JOINT VENTURE" by E.M. Seabrook, Jr., Inc.
dated February 28,
2000, last revised May 31, 2002 and recorded in Plat Book EF at Page 772
in the RMC Office
for Charleston County, to which reference is hereby craved for a more
complete description.
-
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........................
-
ALL that certain piece, parcel and lot of land, together with the improvements thereon, situate,
lying, and being on Big Paradise
Island, Christ Church Parish, Charleston County, and shown
and designated as “Phase 2
, Big Paradise Island”, on a plat entitled "CONDITIONAL PLAT
PHASE 2 BIG PARADISE
ISLAND, CHRIST CHURCH PARISH, CHARLESTON
COUNTY, S.C., PLAT
OF LOTS 61 – 64 and 66 – 98 BLOCK C, AND TRACT E, GREEN
SPACES AND ROAD
RIGHTS-OF-WAY CONTAINING 33.24 ACRES OWNED BY
PARADISE
ISLAND JOINT VENTURE” by E.M. Seabrook, Jr., Inc. dated February 28, 2000,
last revised May 31, 2002 and
recorded in Plat Book EF at Page 772 in the RMC Office for
Charleston County, to
which reference is hereby craved for a more complete description.
Less and Excepting all those certain pieces, parcels or tracts of land situate, lying and being on
Big Paradise Island, Christ Church
Parish, Charleston County, and shown and designated as
"Tract E, Little Pump
Chunk 66 · Pages unknown
xcepting all those certain pieces, parcels or tracts of land situate, lying and being on
Big Paradise Island, Christ Church
Parish, Charleston County, and shown and designated as
"Tract E, Little Pump
Island, 2.35 Ac., 102,424 sq. ft. TMS 617-00-00-007, Paradise Island Joint
Venture" and "50'
Access Easement to Tract E (Little Pump Island)" on a plat entitled
“CONDITIONAL PLAT PHASE
2 BIG PARADISE ISLAND, CHRIST CHURCH PARISH,
CHARLESTON COUNTY,
S.C., PLAT OF LOTS 61 64 and 6698 BLOCK C, AND
TRACT E, GREEN SPACES
AND ROAD RIGHTS-OF-WAY CONTAINING 33.24 ACRES
OWNED BY
PARADISE ISLAND JOINT VENTURE" by E.M. Seabrook, Jr., Inc. dated
February 28, 2000, last
revised May 31, 2002 and recorded in Plat Book EF at Page 772 in the
RMC Office for
Charleston County, to which reference is hereby craved for a more complete
description.
CAWS\PARADISE ISLAND\Legal - Phase II.doc