River Downs HOA Covenants

The following is converted from the original document on file with the Greenville County Public Records Office, and is provided as a convenience.

The undersigned, Southland Properties, Inc . , the owner of all lots and tracts of land shown on plat of subdivision known as RIVER DOWNS dated July 17, 1974 and recorded in the R. M . C. Office for Greenville County in Plat Book 4-R, at Pages 75 and 76 does hereby impose on the numbered lots shown on said plat the covenants and restrictions hereinafter set forth which shall be binding on all parties and all persons claiming under them until January 1, 2000, at which time said covenants shall be automatically extended for successive periods of ten years unless by vote of a majority of the then owners of the lots it is agreed to change or abrogate said covenants in whole or in part. In such vote each lot shall be entitled to one vote and only one vote, irrespective of ownership.

If the undersigned, its successors or assigns, any lot owner in said subdivision or anyone else, shall violate or attempt to violate anv of the covenants herein contained, it shall be lawful for any other person or persons owning any lot situated in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or them from doing or to recover damages or dues for such violation.

Invalidation of any one of these covenants shall in no wise affect any of the other provisions which shall remain in full force and effect.

PURPOSE OF RESTRICTIVE COVENANTS

The fundamental object and purpose of these restrictive covenants is to create a harmonious whole in the development or subdivision, to prevent the building of any structure which would look odd, cheap, or out of keeping, to insure the use of the property for attractive residential purposes only, to prevent nuisances, to prevent the impairment of the attractiveness of the property, to maintain the desired tone of the community, to preserve the value of the property owned and developed by the owners of lots in the subdivision and to secure to each lot owner the full benefit and enjoyment of his home.

USES PERMITTED AND PROHIBITED

1. All lots in this subdivision shall be known and described as residential lots and shall be used exclusively for single family residential dwellings. No structure shall be erected, altered, placed or permitted to retain on any such lot other than one detached single-family dwelling not to exceed two and one-half stories in height and a garage for private passenger automobile and servants quarters.

2. No trailer, basement, tent, shack, garage, barn or other outbuilding erected upon any lot shall at any time be used as a residence either temporarily or permanently. No structure of a temporary nature shall be used as a residence.

3. No house trailer shall be placed on any lot either temporarily or permanently. Any camping trailer and/or similar equipment used for the personal enjoyment of a resident of a lot shall at all times be parked to the rear of the dwelling and shall not be parked in the front or side thereof. Such equipment shall at all times be neatly stored and positioned to be inconspicuous. No tree houses or play houses shall be erected on any lot unless previously approved in writing by the Architectural Committee .

4. No noxious or offensive activity shall be carried on anywhere on the property subject to these covenants, nor shall anything be done thereon which may be or become a nuisance or menace to the neighborhood. No numbered lot or any part thereof shall be used for any business or commercial purpose or for any public purpose.

5. All fuel oil tanks or containers shall be covered or buried underground consistent with normal safety precautions.

6. No animals shall be kept, maintained or quartered on any lot except that cats, dogs. and caged birds may be kept in reasonable numbers as pets for the pleasure of the occupants. The total area of all driveways shall be paved by plant mix concrete or asphalt.

8. Garages, trash cans, wood piles and clothes drying yards must be so located that they will not be visible from the street.

9. Property owners will be required to keep tall shrubbery or hedges trimmed to reasonable limits where air circulation or view from surrounding property may be adversely affected or where traffic hazards may be created .

10. Provisions must be made by the property owners for off street parking of cars belonging to domestic servants as the parking of such cars on street right-of-way for long periods of time during the day and night will not be permitted.

11 . Particular care must be given to the design and location of carports or garages . Carports are to be at the side or rear of the house and a wall closure across the front. Home owners should also keep their garage doors closed at all times.

SETBACKS, LOCATION AND SIZE OF IMPROVEMENTS AND LOTS

1 . No building shall be erected on any lot nearer to the front lot line than the building setback line as shown on the recorded plat , and any such building shall face toward the front line of the lot except that buildings to be constructed on corner lots shall face in the direction designated by the Architectural Committee. No residence shall be nearer to any side lot line than a distance equal to of the width of the lot measured at the building setback line but in no event shall any residence be less than 12 feet from the side lot line.

2. Any detached garage or other outbuilding erected shall be at least 75 feet from the front lot line and no nearer than 5 feet to any side or rear lot line.

3. No wall, fence, or hedge shall be erected across or along the front of any lot and nearer to the front lot line than the building setback line having a height of more than three feet and any such wall, fence or hedge proposed to be erected or placed on any such lot* whether as part of the original residence design or a later addition, must receive the approval in writing of the Architectural Committee.

4. No numbered lots in this subdivision shall be recut so as to face any direction other than as shown on the recorded plat hereinabove referred to, nor shall any of said lots be resubdivided so as to recreate an additional building lot. This provision is not intended to prevent cutting off a small portion or portions of any lot for the purpose of conveying the same to an adjoining lot owner -

5. Nothing herein contained shall be construed to prohibit the use of more than one lot or of portions of one or more lots as a single residential unit, provided written approval thereof shall first be obtained from the Architectural Committee and, provided, further, said site faces as required by the restrictions and the recorded plat.

6. The following floor space requirements shall apply to the residences in this subdivision. In calculating the minimum floor space there shall be included the heated area of the residence. Porches, garages and breezeways shall be excluded from this calculation.

· One story residences - 1800 square feet

· Two story residences - 2000 square feet

· One and one-half story residences - 2000 square feet (of which at least 1,500 square feet of heated area shall be on the main floor )

Split level residences shall have a minimum of 2000 square feet, 1500 square feet of which shall be on the main and upper level.

7. No garage or other outbuilding more than one story in height shall be erected upon any numbered lot. The entrance to all carports shall face the rear or side of the lot.

APPROVAL OF PLANS

1 . The Architectural Committee shall be composed of Charles F. Gentry, Jr . , A.I.A.; R. Gerald Rye; and James R. Giles. In the event of the failure or inability, for any reason, of a member to act. the vacancy created shall be filled temporarily or permanently, as necessary, by the remaining member (s) of the Committee. Two members shall constitute a quorum and a vote of the two members is necessary to transact any business of the Committee.

2. No improvements shall be erected, placed, altered or changed on any lot in this subdivision until and unless the building plans, specifications and plot showing the proposed type of construction, exterior design and location of such residence have been approved in writing by the Architectural Committee. In addition, a landscape development plan must likewise be submitted to and approved bv the Architectural Committee showing the location of proposed fences, boundary, or patio walls, hedges, shrubbery, walkways, driveways, parking areas and important trees. This provision shall not apply to the undersigned.

3. In order to prevent duplication of buildings or improvements to be constructed in this subdivision, the Architectural Committee is vested with full authority to approve or disapprove plans for the construction of any building or improvement with its major features so similar to an existing building or improvements as to be considered a substantial duplication thereof in the discretion of the Committee. The Architectural Committee shall further have the right to refuse to approve any such plans, specifications, plot plans or landscape plans which in its opinion and discretion are not suitable or desirable and in so passing upon such plans, specifications, plot plans or landscape plans, the Committee shall take into consideration the suitability of the proposed building or other improvement, the materials of which it is to be built, whether or not it is in harmony with the surroundings and what effect it will have on other residences already constructed and what effect it will have on the outlook from adjacent or neighboring property. This provision shall not apply to the undersigned .

4. In the event that the Committee fails to approve or disapprove such plans within thirty days (30) after they have been submitted to it, or if no suit to enjoin the erection or alteration of such building or improvement has been commenced before such erection or alteration is substantially completed, approval of the Architectural Committee will be conclusively presumed and this covenant will be deemed to have been fully complied with . The term "building or improvement" shall be deemed to include the erection, placement or alteration of any wall, fence, driveway or parking area .

5. Application for approval as required herein shall be made to the Committee at the Office of Charles F. Gentry, Jr . , A. I -A. , Architect, Southland Properties, Inc. , Airport Terminal Building , Greenville, South Carolina, or at such other place as said Charles F. Gentry, Jr. may have his office, and at the time of making such application, the building plans, specifications, plot plans and landscape plans shall be submitted in duplicate. One copy of such plans and specifications will be retained by the Committee and the other copy will be returned to the applicant with approval or disapproval plainly noted thereon.

6. Upon the approval by the Committee of any proposed construction or alteration , the Committee shall issue to the applicant a written permit. No construction or alteration shall be carried on until and unless such permit is obtained. The provision shall not apply to the undersigned .

7. The Committee is authorized by majority vote of its members to approve or ratify any building minor violations of the requirement herein set forth under Section III, "Setbacks, Locations and Size Improvements and Lots" , if in the opinion of the Committee the same shall be necessary to prevent undue hardship because of topography, the shape of any platted lot or the setback lines as shown on the recorded Plat, and if in the opinion of the Committee such violation will cause no substantial injury to any other lot owner. In no event may the Committee approve or ratify a violation of the front setback line of more than 5 feet or of the main building side line restriction of more than 4 feet or of the restrictions as to building size imposed by Section Ill hereof. The approval of ratification by the Committee in accordance with this paragraph shall be binding on all persons .

V. MAINTENANCE CHARGES

1. All the numbered lots on the recorded Plat shall be subject to an annual maintenance charge or assessment at the rate of Fifty and no/ 100 ($50.00) Dollars per year. The first assessment of $50.00 shall be due and payable on the January 1st next following the date a deed is delivered to the purchaser of a lot in the subdivision from Southland Properties, Inc, and thereafter shall be due and payable in advance on each and every succeeding January 1st .

This assessment shall not apply to any lot so long as it is wholly or partially owned by Southland Properties, Inc. As to lots within the category of this paragraph, the first assessment shall be due on the January 1st next following the delivery of a deed to a purchaser .

The assessment of $50.00 herein provided shall remain effective for a period of three years after the date these covenants are executed. Thereafter, the assessment shall remain the same until it is increased, decreased, or discontinued, as from time to time may be determined bv a majority vote of property owners of lots of said subdivision (there being one vote for each lot in the subdivision whether owned singlely or as tenants in common) .

2. All sums payable as set forth above are payable to River Downs Homes Association, Inc - and the amount so paid shall be administered by the officers of said association and may be used for the functions hereinafter set out, and it is expressly stipulated that the association is empowered to perform any or all of said functions but it is under no duty to perform or discontinue to perform at any time of said functions . (a) For the payment of the necessary expenses for the operation of said association -

(b) For improving , cleaning, and maintaining the streets and parks, if any, within the community .

(d) For caring for vacant and untended land, if any, within the subdivision, removing grass and weeds therefrom and doing any other thing necessary or desirable in the of the officers of the association such property neat and in good order for the general benefit of all the property owners within the community -

(e) For any expenses incident to the enforcement of these protective covenants .

(f) For the payment of taxes and assessments, if any, that may be levied by any public authority upon any community parks or other communitv areas which may be established for the benefit of the property owners in the subdivision .

(g) For such other purposes as in the opinion of the association may be necessary for the general benefit of the property owners in the subdivision .

3. River Downs Homes Association, Inc. will be a non-profit corporation organized by the undersigned. The membership will consist of the owners of lots in River Downs Subdivision according to the plat hereinabove described together with any owners of lots in any additional subdivision of lots of the property of River Downs, Section 2. There shall be one vote for owned singlely or as tenants in common. Said corporation shall be formed after ten (10) houses are sold in said subdivision. The corporation shall be responsible for paying the operating costs of the street lights above the costs paid by the public authorities. The said operating costs above the costs paid by the public authorities for street lights shall be the obligation of the Association after 25 houses in the subdivision are built and sold .

4. The agents or emplovees of the association are authorized to enter upon any lot for the carrying out of any of the functions set out above.

5. The association will encourage the planting of flowers and shrubs and other botanical beautification of said subdivision -

6. The annual charge shall constitute a lien or encumbrance upon the land and acceptance of each of the several Deeds of conveyance shall be construed to be a covenant by the Grantee to pay said charges, which covenant shall run with the land and be binding upon the Grantee and his successors and assigns. The association shall have the exclusive right to take and prosecute all actions or suits legal or otherwise which may be necessary for the collection of said charge.

7. In the event that it is necessary to foreclose the lien created as to any property , the procedure for foreclosure shall be the same as for the foreclosure of a real estate Mortgage.

8. The lien hereby reserved, however, shall be subject to the following limitations:

(a) Such lien shall be at all times subordinate to the lien of any Mortgagee or Lender of any sums secured by a properly recorded Mortgage or Deed to secure debt, to the end and intent that the lien of any such Mortgage, or lien instrument shall be paramount to the lien for charges herein and provided further that such subordination shall apply only to the charges that shall become payable prior to the passing of title under foreclosure of Mortgage or Lien Instrument or by deed in lieu of foreclosure, and nothing herein contained shall be held to affect the rights herein given to enforce the collection of such charges accruing after sale under foreclosure of such Mortgage or acquisition of title by Deed in lieu of foreclosure .

(b) Notice of any charge due and payable shall be given bv filing notice of pendency of action in the Lis Penden Book in the Office of the Clerk of the Court of Greenville County. As to subsequent bona fide purchasers for value the lien herein reserved for charges due and pavable shall be effective only from the time of the filing of said Lis Pendens, provided, however, that nothing herein contained shall affect the right of the association to enforce the collection of any charges that shall become payable after the acquisition of title by such subsequent bona fide purchaser for value .

(c) The lien herein created shall be subordinated to the lien of labors, contracts, or materialmen furnishing labor or services in connection with the construction or alteration of any improvement located on any lot, except that nothing herein contained shall be held to affect the rights herein given to enforce the collection of such charges accruing after foreclosure of any such lien .

MISCELLANEOUS

1. No signs shall be permitted on any residential lots except that a single sign offering property for sale or for rent may be placed on any such lot provided such sign is not more than 24 inches wide by 20 inches high.

2. The property within the subdivision is hereby declared to be a bird sanctuary and any hunting of any wild birds is hereby prohibited .

3. Nothing herein contained shall be construed to prevent Southland Properties, Inc . , or their successors and assigns , from maintaining temporary offices on any lot while the subdivision is in the process of being developed .