DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF EAGLES HARBOR SUBDIVISION

THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF EAGLE’S HARBOR SUBDIVISION AND HOMEOWNERS ASSOCIATION, hereinafter referred to as “Declaration” is made this 18^thday of September 1997 by Southeastern Land Sales, Inc. hereinafter referred to as “Declarant”, and any and all persons, firms, of corporations hereinafter acquiring any of the within described property or any of the property hereinafter made subject to this Declaration. 

WITNESSETH:

WHEREAS, Declarant is the owner of certain Property in Greenwood County, South Carolina known as Eagle’s Harbor Subdivision, of which is more particularly described by plat(s) thereof recorded in the following Plat Books and Pages: 104 / 18 and 104 / 17 and plats to be recorded the Office of the Clerk of Court for Greenwood County to which reference is hereby made for more complete descriptions; and

WHEREAS, Declarant has agreed to establish a general plan of development as herein set out to restrict the use and occupancy of the Property made subject to this Declaration for the benefit of the present and future owners thereof; and

WHEREAS Declarant intends to subject to this Declaration additional portions of Eagle’s Harbor Subdivision for the purpose of extending the general scheme of development to such additional Property and accordingly declares that Eagle’s Harbor Subdivision may be expanded to include additional property; and

WHEREAS Declarant desires to provide for the preservation of the values of Eagle’s Harbor Subdivision as expanded hereby and hereinafter made subject to this Declaration and for the preservation and maintenance of the Common Property established by the Declaration and by the supplements hereto.

NOW, THEREFORE, in accordance with the recitals which by this reference are made a substantive part hereof, Declarant declares that all of the property described on said recorded plats and all of the property hereinafter made subject to this Declaration by recorded supplements hereto referencing subsequently recorded plats, shall be held, sold, and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of Eagle’s Harbor Subdivision as it now exists and is hereafter expanded and that such easements, restrictions, covenants, and conditions shall burden and run with said real Property and their heirs, successors and assigns having any right, title, of interest in the Properties now or hereafter subjected to this Declaration or any part thereof, and shall inure to the benefit of each owner thereof and burden each owner’s real Property that is subjected to this Declaration.  

“Association” shall mean and refer to EAGLE’S HARBOR Homeowners Association, Inc., a not for profit South Carolina corporation, its successors and assigns.

“Owner” shall mean and refer to any contract buyer and/or the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of any of the Property made subject to this Declaration, but excluding those having such interest merely as security for the performance of an obligation, provided however, the Declarant shall not be deemed an Owner. 

“Property” shall mean and refer to that certain property show on plat(s) recorded in Plat Books and Pages: ________________________________________
in the Office of the Clerk of Court for Greenwood County, South Carolina and any additional property which Declarant may make a part of this Subdivision, as provided for in the Declaration of Restrictive Covenants of EAGLE’S HARBOR subdivision, recorded separately. The terms “Property,” “Subdivision,” and “EAGLE’S HARBOR” are interchangeable. 

“Lot” shall mean and refer to any improved or unimproved building lot shown upon any recorded subdivision plat of this Subdivision. 

“Dwelling Unit” shall mean and refer to the completed single family home located upon a Lot, except as may refer to a condominium unit later developed. 

“Declarant” shall mean Southeastern Land Sales, Inc. a North Carolina corporation, and its successors and assigns if such successors and assigns acquire two or more undeveloped lots from the Declarant for the purpose of development and if the rights and obligations of the Declarant hereunder are expressly assigned to and assumed by such successors and assigns. 

“Common Property” shall mean all property owned by the Association for the common use and enjoyment of all or a designated class of members. Common Property includes without limitation all existing and future roads and right-of-ways and all greenways, median strips, cul-de-sac centers, planting areas, and recreational areas, and facilities, open space, walking trails, easements, boat ramps, community boat slips, and community piers that are developed on the Common Property (it being understood that this enumeration is by way of description of the type of facilities that may be developed and in no way shall bind or obligate the Declarant to provide any of the described facilities) and all entry way, directional, and informational signs (and the areas set aside for their location) and any other property as may be purchased or provided for the common use and benefit of the Declarant, the Owners, and any member in the Association, including without limitation such Common Property as may be shown on the recorded plat(s) of the Property. Except by the Declarant, the Common Property shall not be used for public commercial purposes, but may be used for enjoyment of the Association’s members for fund-raising activities to support the purposes of the Association. 

“Committee” shall mean the Architectural Review Committee established by the Declarant for the purpose of administering control over architectural, landscaping, and related matters, as provided in Article V of this Declaration. 

THE FOLLOWING DEFINITIONS WERE ADDED BY AMENDMENT MAY 14, 2020:

“A-Lot” shall mean and refer to a parcel used exclusively as a septic drain field and being designated with the letter “A” on any plat of the Property. “A-Lot” ownership alone does not entitle the Owner to any rights of membership, including but not limited to voting rights, nor is there any assessment obligation for “A-Lots.”

“Costs of Collection” shall mean and refer to all costs and expenses incurred by the Association in collecting Assessments or any other charges authorized herein whether or not any action at law and/or in equity instituted and whether incurred before or after any action at law and/or equity is instituted, including, without limitation, attorney’s fees, management company/management agent charges, administrative fees and charges, court costs, and any other costs incurred by the Association.  

“Construction Process” shall mean and refer to the set of policies, rules and procedures which may be promulgated and/or amended by the Board of Directors, from time to time, which shall act as a guide for the architectural control and review process and for the maintenance, construction or renovation of improvements on the Property. 

“Rules and Regulations” shall mean and refer to the rules, policies, guidelines and procedures adopted and modified by the Board of Directors, from time to time, governing the use of the Property and the facilities thereon, and the conduct of Owners, tenants, and guests on the Property.

Section 1. Owner’s Easements of Enjoyment.
The Declarant and, to the extent provided by this Declaration, every Owner shall have a right and easement of ingress, egress, and regress over the Common Property and over the roads within the Property, to be used in common with others, for the purpose of providing access to lot(s) owned or dwelling unit(s) owned by the owner for himself, his family, agents, licensees and invitees, and for his and their non-exclusive use and enjoyment of the Common Property, subject however to the limitations on such use and enjoyment of the Common Property as provided for in reside this Declaration. It is understood that the private roads may be used to gain access to land behind the phases in the development if the same is not developed by the Declarant. Every Owner, and the members of such Owner’s family who reside with such Owner or are overnight guests of such Owner, shall have the right to use the recreational areas within the Common Property, subject however to such Owner paying when due the dues and assessments of the Association and abiding by all rules and regulations of the Association, including without limitation those governing the use of the recreational areas and the Common Property. Non-Owners shall only be entitled to use the recreational areas on such terms and conditions as the Association may select.

Section 2. Annual Assessments.

(a) The Association shall have the duty to repair, replace, and maintain all recreational areas and improvements located thereon, and all streets, roads, road right-of-ways, and other Common Property. The Association shall have the right, from time to time, to establish a reasonable assessment, which assessment shall be paid by each Owner in such periodic installments as the Association may determine, to be used to pay: (1) the operating and administrative expenses of the Association; (2) the costs of maintenance, upkeep, replacement and repair of all recreational areas, and improvements located thereon, and all streets, roads, road right-of-ways, and other Common Property; and (3) other expenses necessary or useful to maintain and operate the Association and the recreational facilities (including, without limitation, the procuring, maintenance and paying the costs of insurance related to the Common Property and of surety and other bonds related to the management of the Common Property and the Association). It is understood (by way of example and without limitation) that the assessment funds hall be used for such matters concerning Common Property as the following: maintenance, repair and replacement of improvements within the recreational areas, the seeding and re-seeding road right-of-ways and Common Areas, erosion control, repairing of road shoulders, surfacing, patching and resurfacing of parking lot and road pavement, placement of gravel, and planting and maintenance of shrubs, trees and seasonal flowers. 

(b) The annual assessments may also be used by the Association for the purpose of adding to the recreational facilities.

(c) The annual assessment payable by each Owner shall be $195.00 per lot per calendar year. The annual assessment shall be due and payable on January 31 of each year, commencing January 31, 1998, provided the board of directors may elect to permit payment in such installments and at such times as it shall determine. This assessment shall be deferred as to any lot purchased by a builder with the intent to build a house for resale to the public at large. This assessment will be payable as to any lot purchased by a builder who purchases a lot for the purpose of building a custom home under contract with the ultimate residents. This assessment will be prorated on a calendar year basis from the date title to each lot for which an assessment is payable is transferred to the Owner. The assessment will be due though construction may be ongoing and not get completed. 

(d) The annual assessment may be increased or decreased by the board of directors of the Association without a vote of the membership to an amount not more than twenty percent (20%) in excess of the annual assessment for the previous year. A majority vote of each class of voting members of the Association must approve an increase or decrease in the yearly assessment if the increase or decrease exceeds the assessment for the previous year by more than twenty percent (20%).

(e) Annually the board of directors of the Association shall have determined and shall have given written notice to each Owner of the annual assessment affixed against each owner for the immediately succeeding calendar year. 

(f) (ADDED MAY 14, 2020) Notwithstanding the foregoing, any Director who completes one (1) year of service on the Board of Directors will not be required to pay the next annual assessment that comes due for one (1) Lot owned.  This assessment waiver shall apply to each complete year that the Director serves on the Board, but shall not apply to special assessments levied pursuant to Section 3 below.

Section 3. Special Assessments.
In addition to the assessments specified hereinabove, the Association may levy special assessments for the purpose of supplementing the annual assessment if the same are inadequate to pay the reasonable maintenance expenses and operating costs of the Association as described in Section 2 hereof, provided that any such special assessments shall have the assent of a majority of each class of the voting members of the Association at a duly called meeting. 

Section 4. Removal of Obstructions and Unsightly Growth, Debris, and Materials. 

(a) The Association may remove any obstructions of any nature located within road right-of-ways or other Common Property (including but not limited to  trees, shrubs and mailboxes) which, in the opinion of the Association, either might produce a hazard or might interfere with the ability or willingness of the State of South Carolina (or agency or department thereof) to take over the responsibility for maintenance of the roads. 

(b)The Association shall have the right, in its sole discretion, to charge back the actual cost to it of removing obstructions against the Owner who directly, or throughout his agents, contractors, or invitees caused or permitted the obstruction to be placed in the road right-of-way or other Common Property, and such Owner shall indemnify and save the Association harmless from all liability, claims, damages and expense imposed upon the Association, at law or in equity, cause by or resulting from the placement of the obstruction in the road right-of-ways or other Common Property. In the event the Owner responsible for such charge or liability as aforesaid fails and refuses after demand by the Association to pay said charge or liability, then the Association shall have a lien against his lot thereon and may enforce collection of the charge or liability, together with reasonable attorneys’ fees, by any and all remedies afforded by law or in equity, including without limitation, the filing of a notice of lien and perfecting the same as by law provided, to the and that such charge or liability shall become a charge against the said lot or dwelling unit. 

(c) If the Association, in its sole discretion, determines that any lot has become unsightly due to grass or weeds that have not been mown, or due to debris of any nature having accumulated on the lot, then the Association shall have the right from time to time to enter the said lot for the purpose of mowing the grass or removing the debris. At least ten (10) days prior to entering a lot for said purpose, the Association shall advise the Owner by letter, sent to his last known address, of the action to be taken if the Owner does not remedy the problem within the said ten (10) day period. The Association shall take reasonable steps to avoid damage to any trees planted on such lot, to the extent that the Association has been put on written notice in advance by the Owner of the approximate location on a chart or map of such lot showing the location of planted trees to be avoided. (ADDED MAY 14, 2020) In the event that the Association exercises its right of entry to bring a Lot into compliance with this Declaration, Restrictions, Construction Process, or the Rules and Regulations, the Association may charge back its actual costs, including Costs of Collection, against the Owner, which shall become part of the lien on the Owner’s Lot.

Section 5. Duty to Make Repairs. 

(a) Until accepted for maintenance by governmental authority, the obligation for the repairs, maintenance and improvements of the roads as shown the aforesaid plat(s) or any other common property shall be the responsibility of the Association with the Owner of each lot except as provided herein, being responsible for payment of the assessments levied by the Association, which assessments shall be the personal obligation of the Owner of each lot. 

(b) The decision to expend Association funds to repair and maintain the roads the roads or other Common Property shall be made by a majority of the board of directors of the Association. By such vote, the board may delegate such authority to any committee of the board. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use or abandonment of his lot.

(c) Not withstanding the foregoing, each Owner of a lot shall be solely responsible for any repairs to a road right-of-way or other Common Property caused by the negligent act or acts of said owner, his or her invitees, agents, licensees, or guests. For these purposes, it shall be a negligent act for any building material to be unloaded on any road or road right-of-way.

Section 6. (AMENDED MAY 14, 2020) Creation of the Lien and Personal Obligation for Assessments. 

Each Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, jointly and severally, covenants and agrees to pay to the Association: (a) annual assessments and/or (b) special assessments and (c) charges incurred for their collection.  All such assessments, together with “Costs of Collection”, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made in favor of the Association and the Association shall be entitled to file a document evidencing such lien in the land records of the County in which the Lot is located.  Such lien shall be superior to all other liens and encumbrances on such Lot, except for (a) liens for ad valorem taxes; or (b) liens for all sums unpaid on a first mortgage recorded in the land records of the County where the Property is located.  All other persons acquiring liens or encumbrances on any Lot after this Amendment shall have been recorded in such records shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prior consent is specifically set forth in the instruments creating such liens or encumbrances. 

Each such assessment, together with Costs of Collection shall also be the personal obligation of the Person who was the Owner of such Lot at the time the assessment came due.  Each Owner shall be personally liable for the portion of each assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings.  

Annual assessments shall be levied at a uniform rate per Lot, with the exception of A-Lots which are not assessed, and shall be made in such manner and on such dates as may be fixed by the Board of Directors, which may include, without limitation, acceleration, upon ten (10) days’ written notice, of the annual assessment for delinquents.  Unless otherwise provided by the Board of Directors, the annual assessment shall be paid in annual installments.

Section 7. (AMENDED MAY 14, 2020) Effect of Nonpayment of Assessments: Remedies of the Association. 

Any assessments or installments thereof, which are not paid when due, shall be delinquent.  Any assessment or installment thereof delinquent for a period of more than ten (10) days shall incur a late charge in an amount as the Board of Directors may from time to time determine.  The Association may cause a notice of delinquency to be given to any member who has not paid within (10) days following the due date.  If the assessment is not paid within thirty (30) days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest, not to exceed the lesser of the maximum rate permitted by law or eighteen percent (18%) per annum on the principal amount due from the date first due and payable, and all other Costs of Collection.  In the event that the assessment remains unpaid after sixty (60) days, the Association may, as the Board of Directors shall determine, institute suit to collect such amounts and/or to foreclose its lien.  Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association or its agents the right and power to bring all actions against such Owner personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property.  The lien provided for in this Section shall be in favor of the Association and shall be for the benefit of all other Owners.  The Association, acting on behalf of the Owners, shall have the right, but not the obligation, to bid on the Lot at any foreclosure sale to acquire, hold, lease, mortgage or convey the same.  

No Owner may waive or otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration, but not limitation, abandonment of the Lot.  No diminution or abatement of any assessment shall be claimed or allowed by reason of any alleged failure of the Association to take some action or perform some function required to be taken or performed by the Association under the Covenants or Bylaws, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Association, or from any action taken by the Association to comply with any law, ordinance, or with any order or directive of any municipal or other governmental authority, the obligation to pay assessments being a separate and independent covenant on the part of the Owner. 

All payments shall be applied first to attorney’s fees and costs, then to late charges, then to interest and then to delinquent assessments.

Section 1. Membership.  
Every owner of a lot which is subject to this Declaration shall be a member of the Association. Membership is appurtenant to and may not be assigned. If and when Declarant develops additional phases in the Subdivision the Owners of those lots shall be members of the Association. The Declarant shall also be a member so long as it owns property within this expandable Subdivision. (ADDED MAY 14, 2020) Notwithstanding the foregoing, any property designated as an A-Lot on any Plat of the Property is to be utilized only for septic drain field purposes and does not entitle the Owner therefore to any voting or membership rights.

Section 2. Class Membership Voting.  
The Association shall have two (2) classes of membership:

Class A:

Class A members shall be all lot Owners with the exception of Declarant, and shall be entitled to one vote for each lot owned. When more than one (1) person owns an interest in a lot all such persons shall be members but the vote for such lot shall be exercised as they, among themselves, shall determine in writing, which writing shall be filed with the secretary of the meeting prior to voting, but in no event shall more than one vote be cast with respect to any lot.

Class B

(a) Class B members shall be entitled to vote ten (10) votes for each lot owned. Class B membership shall consist of the Declarant, or its successors or assigns, until the happening of either of the following events whichever occurs earlier. 

1. The earlier of four months after ninety percent (90%) of all the lots in the Subdivision are sold as well as all adjacent undeveloped acreage sold and conveyed by the Declarant to unrelated third parties; or
2. Twelve (12) years from dale of recordation of this Declaration; or
3. At such time as Declarant voluntarily relinquishes Majority control of the Association by a duly recorded instrument.

(b) Upon the happening of the earlier of either the three above described events, Class B membership shall cease and terminate and shall be converted to Class A membership.

Section 3. Board of Directors.
There shall be five (5) members of the board of directors of the Association who shall serve until such time as their successors are duly elected and agree to serve. The directors shall have annual meetings and other such meetings as may be called at the request of the president of the Association or by any three (3) directors. So long as the Declarant, or its successors and assigns, is the Class B member, it shall select the board. 

Section 4. Suspension of Voting Rights.
The Association shall have the right to:

(a) Suspend the voting rights (if any) of an Owner for any period during which assessment on his lot remains unpaid and enforce collection of the same; and

(b) Suspend the voting rights (if any) of each Owner who is a contract buyer for any period of time during which payments to the Declarant pursuant to terms of said contract are delinquent, during which period of time the Declarant shall succeed to the voting rights of said contract buyer. 

Section 5. Additional Phases
The Declarant intends (but is not obligated) to develop one or more additional phases of EAGLE’S HARBOR subdivision and incorporate the same within the provisions of this declaration.

(ADDED MAY 14, 2020) Section 6. How Notice is Given
Any notice required to be sent to any member or Owner under the provisions of this Declaration shall be deemed to have been properly sent, and notice thereby given, when dispatched by electronic message (email) to the member at the email address provided to the Association.  In the event that a member wishes not to receive notice by electronic message, the member shall be required to provide written notice of his/her election to opt for written notice by First Class Mail.  If the Owner does not provide an email address, this will be considered election of receiving communication by First Class Mail.  The Board of Directors shall subject such Owners who opt to not receive notifications by email to a fee added to each Owner’s annual assessment. Notice shall be deemed to have been properly sent, and notice thereby given for members who have opted out of electronic communication or for members who have provided an email address but the email was returned as undeliverable, when notice is mailed, with the proper postage affixed, to the last known address of the person or entity of the owner on the Association records, on the first day of the calendar month on which said notice is mailed.

Within twelve (12) years from the date of recording of this Declaration, Declarant will convey by deed its right, title, and interest in and over the road right-of-ways and any other Common Property within the Subdivision to the Association. 

(a) In order to control design and location of the houses and other improvements to be constructed, erected, placed, or installed (hereinafter “improvements”) upon the lots in the Subdivision, the Declarant hereby creates an Architectural Review Committee (hereinafter “Committee”) for the purpose of reviewing, approving, suggesting changes to, and rejecting plans and specifications for such improvements (regardless of when such improvements are made), and the landscaping of each lot. This Committee is also created for the purpose of reviewing, approving, suggesting changes to, and rejecting swimming pools, out buildings, boat houses, ramps, piers, driveways, enclosures for satellite dishes, and if Declarant so desires, for mailbox design. This Committee will be responsible for the control of size, color, material and content and rental of sales signs in this Subdivision, and for the approval or disapproval of boats, boat trailers, house trailers, motor homes, tractor trailer trucks, or any other such vehicle that are kept or maintained or located upon any lot unless located within enclosed garages. The Committee will also be responsible for the control of temporary construction shelters or vehicles in this Subdivision.

(b) The Committee shall consist of three persons designated or appointed from time to time by the Declarant, its successors or assigns, one of whom shall be appointed from among lot owners. After 90% of the lots in Subdivision are sold and 90% of undeveloped acreage is sold by the Declarant, its successors or assigns, said Committee shall be elected by a  majority vote of the Board of Directors; provided, however, Declarant, its successors or assigns, shall be entitled to at least one Committee member until all of its lots in this Subdivision have been sold.

(c) Except within the building site (unless within 20′ of the main dwelling), no trees of any kind in excess of 6 inches in diameter at ground level may be removed from any lot without prior approval of the Committee. No building, fence, wall, out building, or any other accessory feature to the dwelling or any other structure upon any lot shall be commenced, erected, placed, maintained. or altered on any lot or combination of contiguous lots until the Complete Construction Plans (hereinafter “Plans”) are approved in writing by the Committee or its designated agents.

(d) The Plans include the complete construction plans, the plot plan (showing proposed location and elevation of such building, fences, walks, drives, parking area, etc.) proposed building plans and specifications, exterior color, finish, and materials. The areas over which the approval shall be required shall include but shall not be limited to the site and plan of the principal residential structure, and all accessory buildings, structures and improvements on the lot, the location of the well, the size and plan of the garage or carport, location and manner of construction of each driveway, swimming pool, utility building, patio, tennis court, and other improvements for athletic, recreational, or gymnastic purposes, and all other exterior improvements, the composition and color of raw and finished materials used on the exterior of all structures, and the location and type of any landscaping, shrubbery, and other plantings.

(e) The Committee or its designated agents shall have thirty (30) days after physical receipt of the plans to accept or reject the same in whole or in part. If no response by the Committee has been made in writing within said 30 days, the plans shall be deemed to be approved as submitted. After the plans are approved and after the Committee gives written permission for construction to begin, the actual construction shall be commenced and completed in accordance with the approved Plans, together with the requirements of the Declaration and, in this regard each Owner shall provide the Committee with the foundation survey as soon as it is made. The Committee shall have the right to waive setback violations when the remedial costs of correcting such violation, in the Committee’s opinion, would impose undue hardship upon the violator.

(f) The actual construction shall be the responsibility of the Owner of the lot and his builder. Any permission granted for construction under this covenant and any designation of approved licensed contractors shall not constitute or be construed as an approval, warranty or guaranty, expressed or implied, by the Declarant or the Committee or its designated agent of the structural stability, design or quality of any building or other improvement or of the contractor who constructs such buildings or other improvements.

THE FOLLOWING SUB-SECTIONS WERE ADDED MAY 14, 2020

(g) The Committee may, per the Construction Process, require the Owner to make a deposit to insure compliance. The setting of an amount as a compliance deposit or of conditions for compliance for any one Lot, shall not in any way act to set a precedent or effect in any way the setting of an amount or conditions of compliance for any other Lot or for any other set of Plans which are to be or have been approved within the Committee. If collected, the compliance deposit may be retained and/or utilized by the Board of Directors in any manner that they may so determine to be reasonable, including the payment of attorney fees, to insure that any violation of the Declaration by that Lot Owner is remedied, including the failure of the Owner to pay assessments levied by the Association against their Lot.

(h) The Committee shall have complete discretion to approve or disapprove Plans for any Improvement and to withhold review of any and all Plans submitted to it from an Owner who is not in good standing as a Member of the Association, including without limitation Members who owe past due assessments on any Lot.  Upon approval of the Board of Directors, the Committee may issue from time to time Construction Process regulations to assist it in the approving of Improvements and may change such Construction Process regulations at any time and from time to time with notice to the Owners.  An aggrieved Owner may appeal the final decision of the Committee to the Board of Directors through the processes required by the Committee or as set forth in the Construction Process regulations.

(i) The Committee may charge a reasonable review fee for its initial and any subsequent review, the amount of which shall be established by the Board of Directors or set forth in the Construction Process.  The Committee may, at its option, employ outside professional services for the review of Plans and specifications and may pay for them accordingly for this service.   The charging of fees and the hiring of professionals for this purpose by the Committee must be approved by the Board of Directors.

Declarant does hereby covenant and agree with all persons, firms or corporations hereafter acquiring title to any portion of the Property, that the Property shown on the recorded plat(s) herein referred to, and all Property presently owned as part of EAGLE’S HARBOR subdivision which plat(s) are to be recorded, and all Property which may be acquired in the future to be made a part of EAGLE’S HARBOR

subdivision, is made subject to the Declaration of Restrictive Covenants of EAGLE’S HARBOR subdivision (hereinafter referred to as “Restrictions”) which Restrictions shall be recorded separately and shall refer to this Declaration and incorporate it by reference. 

(ADDED MAY 14, 2020) In addition to the foregoing, the Board of Directors shall have the authority to adopt and publish reasonable Rules and Regulations governing the use of the Common Property and the facilities thereon, and the personal conduct of members, tenants and guests thereon, and to establish penalties for the infraction thereof, including monetary fines, which form a lien on the Owner’s Lot and are collected in the same manner as assessments.

Section I.  Whenever the context and construction so require, all words used in the singular number herein shall be deemed to have been used in the plural, and vice versa, and the masculine gender shall include the feminine and neuter and the neuter shall include the masculine and feminine.

Section 2.  The captions herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Declaration nor the intent of any provisions hereof.

Section 3. (AMENDED MAY 14, 2020) Enforcement of the Declaration, Restrictions, By-Laws, the Rules and Regulations, and Construction Process, in addition to any other remedy set out herein, may be carried out by the Association through arbitration or any proceeding at law or in equity, against any Owner of his/her tenants or guests who are violating or attempting to violate the Declaration, Restrictions, By-Laws, the Rules and Regulations, and Construction Process, either to prevent or restrain violations, to recover damages or to compel a compliance to the terms thereof.  Any failure by the Association to enforce any Covenant or Restriction herein contained or contained in the Declaration, Restrictions or By-Laws or to enforce any of the Rules and Regulations or Construction Process, shall in no event be deemed a waiver of a right to do so thereafter. In the event the Association exercises said enforcement powers, all Costs of Collection shall be the responsibility of the Lot Owner(s) against whom enforcement was sought and shall be added to the lien filed by the Association against said Lot Owner, if applicable. In addition to the foregoing, the Association may levy against the Owner of the Lot a reasonable monetary fine, and such fine shall also constitute a lien upon the Lot.

Section 4. Invalidation of any one or more of these covenants by judgement or court shall not adversely affect the balance of this Declaration, which shall remain in full force and effect.

Section 5. The Declarant reserves the right to amend this Declaration from time to time without joinder of any of the Owners for the following purposes:

(a) To clarify the meaning of or to correct clerical errors in the Declarations. 

(b) To correct grammar and spelling, capitalization and other matters of syntax.

All other amendments to this Declaration shall require an affirmative vote of at least sixty-six (66%) of the lot and condominium Owners and the vote of the Declarant, its successors, and assigns.

This Declaration of Covenants, Conditions, and Restrictions of EAGLE’S HARBOR subdivision and Homeowners Association are to run with the land and shall benefit and be binding on all parties and person (and their respective heirs, representatives, successors and assigns) claiming title to any of the Property herein described for a period of thirty (30) years from the date this Declaration is recorded, after which time said Covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a sixty-six (66%) majority of the then Owners of the lots and condominiums, and the Declarant and has been recorded agreeing to change said Declaration in whole or in part. 

IN WITNESS WHEREOF, the Declarant has caused this Declaration of Covenants, Conditions and Restrictions of EAGLE’S HARBOR subdivision and Homeowners Association to be duly executed this 18^th day of September, 1997. 

(AMENDED MAY 14, 2020) Except as amended herein, the original DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF EAGLES HARBOR SUBDIVISION DATED September 18, 1997 and as Supplemented August  14 and 18, 2000 shall remain in full force and effect.

DECLARATION OF 
RESTRICTIVE COVENANTS 
OF EAGLE’S HARBOR SUBDIVISION

THIS DECLARATION OF RESTRICTIVE COVENANTS OF EAGLE’S HARBOR SUBDIVISION is made this 18^th day of September, 1997 by Southeastern Land Sales, Inc., hereinafter referred to as “Declarant”, and any and all persons, firms, or corporations hereinafter acquiring any of the within described property or any of the property hereinafter made subject to this Declaration of Restrictive Covenants of EAGLE’S HARBOR Subdivision, hereinafter “Restrictions.”

WITNESSETH:

WHEREAS, Declarant is the owner of certain property in Greenwood County, South Carolina known as EAGLE’S HARBOR Subdivision; and

WHEREAS, Phase 1 of EAGLE’S HARBOR Subdivision is more particularly described by plat(s) thereof recorded in the following Plat Book(s) and Page(s), 104 / 17 and 104 / 18 in the Office of the Clerk of Court Greenwood County to which reference is hereby made for a more complete description; and plat(s) for additional phases made a part of this subdivision will be recorded at a later date; and 

WHEREAS, said lots are so situated as to comprise a neighborhood unit and it is the intent and purpose of the owner to convey the aforesaid lots to persons who will erect thereon residences to be used for family purposes, subject to the provisions hereinafter set forth; and 

WHEREAS, Declarant has agreed to establish a general plan of development as herein set out to restrict the use and occupancy of the property made subject to these Restrictions, and the Declaration of Covenants, Conditions and Restrictions of EAGLE’S HARBOR Subdivision and Homeowners Association, hereinafter “Declaration”, recorded separately in the Office of the Clerk of Court for Greenwood County for the benefit and protection of the property and for the mutual protection, welfare and benefit of the present and the future owners thereof; and 

WHEREAS Declarant desires to provide for the preservation of the values of EAGLE’S HARBOR Subdivision made subject to these Restrictions and the Declaration and for the preservation and maintenance of the Common Property established by the Declaration and by the supplements thereto. 

NOW, THEREFORE, in accordance with the recitals which by this reference are made a substantive part hereof, Declarant declares that all of the property described herein on above said recorded plat(s) is made subject to these Restrictions and the Declaration and shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of EAGLE’S HARBOR Subdivision as it now exists and is hereafter expanded and that such easements, restrictions, covenants and conditions shall burden and run with said property and be binding on all parties now or hereafter owning said real property and their respective heirs, successors and assigns, having any right, title or interest in the properties now or hereafter subjected to these Restrictions and the Declaration, or any part thereof, and shall insure to the benefit of each owner thereof and their respective heirs, successors and assigns. 

Section 1: Name
The name of the corporation is Eagles Harbor Homeowners Association, Inc (hereinafter referred to as the “Association”) which was created and exists as a non-profit corporation under the laws of the State of South Carolina.

Section 2: Office of the Association
The office of the Association shall be at the offices of the Eagles Harbor Homeowners Association, Inc. or at such other place as may be subsequently designated by the Board of Directors of the Association.

Section 3: Seal
The Seal of the Association shall bear the words “Eagles Harbor Homeowner Association, Inc.” or an appropriate abbreviation thereof.

Section 1: General
All terms used herein and not otherwise defined shall be deemed to have the same meaning as defined in that certain DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF EAGLES HARBOR SUBDIVISION, dated September 18, 1997, as amended from time to time, and recorded in the office of the clerk of court for Greenwood County, South Carolina (“Declaration”) certain provisions of which Declaration may be repeated in full or in part and may be renumbered as they appear herein.

Section 1: Membership
(Amended 09/19/20) Every Owner of a Numbered Lot which is subject to the Declaration shall be a Member of the Association. Membership is appurtenant to and may not be assigned. Notwithstanding the foregoing, any property designated as an A-Lot on any Plat of the Property is to be utilized only for septic drain field purposes and does not entitle the Owner therefore to any voting or membership rights.

Section 2: Voting Rights
The Association shall have one (1) type of regular voting membership, The members shall be all those Owners of Lots identified as numbered lots. A member shall be entitled to one (1) vote for each lot he/she owns. When any Lot entitling the Owner to Membership as a Member of the Association is owned of record in the name of two (2) or more persons or entities, whether fiduciaries, joint tenants, tenants-in-common, tenants-in partnership or in any other manner of joint relationship respecting the same Property, then an instrument shall direct who shall cast the vote or votes, and it or a copy thereof shall be filed with the Secretary of the Association.

Section 3: Cumulative Voting Prohibited
Each Member shall be entitled to the number of votes he is ordinarily entitled to based on his ownership of property and may cast that number of votes for each Director to be elected, but may not cast all of such votes for any one (1) director, and all votes must be cast in whole numbers and not fractions thereof.

(DELETED 09/19/20) If a single family dwelling unit is constructed on more than one (1) lot, the Owner shall have one vote and shall have no additional vote for each other lot comprising a part of the total consolidated home or building site so long as such Lot remains a part of the consolidated site.

Section 4(a) (added 09/27/2007). Members to have Power to Determine any Encumbrances to Common Property Areas:
As the common property of the Association is designated for the common use and enjoyment of all Members the Members shall have the exclusive power to approve or reject any proposed encumbrance on or under the Common Property by a majority vote of the Members present at a duly called meeting at which a quorum exists as provided in Section 5 of Article Ill hereof.

Section 4(b) (amended to section 4(b) by adding 4(a) on 09/27/2007).
Member to Have Power of Referendum in Certain Instances:
Where specifically provided for herein, the Members, or some specific portion thereof, shall have the power to approve or reject by referendum certain actions proposed to be taken by the Association, including without limitation, the levy by the Association of any Special Assessment, and the addition or deletion of functions or services which the Association is authorized to perform. In the event that more than fifty percent (50%) of the votes actually returned to the Association within the time specified by the Board of Directors in the referendum ballots sent to all members shall be in favor of such action, the referendum shall be deemed to “pass” and the action voted upon will be deemed to have been authorized by the Members; provided, however, that if a higher percentage vote required to “pass” shall be specifically expressed herein, that higher percentage shall control in that instance.

The Board of Directors may not undertake any action requiring a referendum without complying with the provisions hereof.

In the event of a dispute as to whether a Referendum is required, the following action may be taken: Within thirty (30) days after the adoption by the Directors of any action which is, in the opinion of the Members, subject to a Referendum, a petition signed by not less than forty (40%) of the total
Membership of the Association or signed by a majority of the Directors may be filed with the Secretary of the Association requesting that any such action either be repealed or submitted to a vote of the Members, and the Secretary shall thereafter within thirty (30) days send out the referendum to all Members.

Section 5: Quorum Required for any Action Authorized at Regular or Special Meeting of the Association:
The quorum required for any action which is subject to a vote of the Members at an open meeting of the Association (as distinguished from a Referendum) shall be as follows:

The first time a meeting of the Members of the Association is called to vote on a particular action proposed to be taken by the Association, the presence a the meeting of Members or proxies entitled to cast more than thirty percent (30%) of the total vote of the Membership shall constitute a quorum.

(Amended sentence 09/19/20) If the required quorum is not forthcoming at any such meeting, a second meeting may be called subject to the giving of proper notice and there shall be a quorum requirement of twenty percent (20%) of the total vote of the members of the Association provided the purpose(s) of the second meeting are the same as the first meeting.

Unless otherwise provided, any reference hereafter to “votes cast at a duly called meeting” shall be construed to be subject to the quorum requirements established by this Article Ill, Section 5, and any other requirements for such “duly called meeting” which may be established by the By-laws of the Association. This provision shall not apply when the proposed action is the amendment of the Declaration and the quorum requirement established by Part Four, Article 11, Section 2 of the Declaration shall govern-in that instance.

For the purpose of this Section 5, proper notice shall be deemed to be given when given to each Member not less than ten (10) days prior to the date of the meeting at which any proposed action is to be considered.

Section 6 Proxies: (amended 09/19/20)
All Members of the Association may vote and transact business at any meeting of the Association in person or by proxy. All appointments of proxies shall be by written appointment form, signed either personally or by an attorney-in-fact and filed with the Secretary prior to the vote being taken at the meeting in the case of a vote that is taken at a scheduled meeting (or such other time set out on the appointment form or meeting notice) and by the deadline established by the appropriate notification of a vote to be taken in any other manner. Except as otherwise allowed herein or by written authorization of the Board of Directors of the Association, no appointment form shall confer on the proxy a broader authority than to vote on the matter(s) or at the meeting(s) than is defined on the appointment form. Every proxy shall be revocable at the pleasure of the Owner issuing it, up to the time that the vote for which it was issued is cast. A proxy shall automatically terminate and cease to be effective upon (i) the Member attending any meeting and voting in person, (ii) conveyance by the Member of such Member’s Lot if such conveyance occurs before the Date of Record of the Meeting, (iii) receipt by the Secretary or other officer or agent authorized to accept proxies of a written notice, signed by the Member, revoking the proxy, or (iv) receipt by the Secretary or other officer or agent authorized to accept proxies of notice of the death of the Member prior to the proxy casting a vote.

Proxies shall not be required for any action which is subject to a Referendum, in which case the votes of all the Members polled shall be made by specially provided ballots to the Membership that are subsequently emailed or mailed back to the Association by the Members.

(Added 10/10/2015) Notifications (meeting notifications, assessments, announcements, and correspondence) to EHHOA Members will be sent via email by default beginning in November, 2015.

Section 1: Place
All meetings of the Association shall be held at the office of the Association, or at such other place and at such time as shall be designated by the Board of Directors of the Association and stated in the Notice of Meeting, and shall be open to all Owners.

Section 2: Membership list
The Board of Directors shall establish a record date not more than seventy (70) days prior to a meeting of the Association for determining the members entitled to notice of the meeting and a complete alphabetical list of Members of the Association on that date shall be prepared by the Secretary showing the address and number of votes each is entitled to vote. Such list shall be maintained in the office of the Association beginning the day after notice of the meeting is given through the meeting.

(Added 10/10/15) All notifications, assessments, and all other communications will be performed primarily via email. If an owner prefers to be notified via first class mail rather than email, this option would require that a surcharge of no less than $10 be levied on that owner’s annual assessment to cover the costs of supplies and postage along with the additional labor required. This surcharge will take effect beginning in November, 2015.

Section 3: Notice of Membership Meetings: (amended 09/19/20 to add the word “Membership” to the type of meeting)
Written notice of each meeting of the Members shall be given by, or at the direction of, the Secretary or person authorized or qualified to call the meeting, by emailing or mailing first class a copy of such notice, with proper postage affixed, at least ten (10) days (but not more than sixty (60} days) before such meeting to each Member entitled to notice thereof, to the last known address of the person or entity who appears as Owner in the Association’s Records on the first day of the calendar month in which said notice is mailed. Notice to one (1) or two (2) or more co-Owners of a Lot shall constitute notice to all co-Owners. It shall be the obligation of every Member to immediately notify the secretary of the Association in writing of any change of address. Any person who becomes an Owner and Member following the first day in the calendar month in which said notice is mailed shall be deemed to have been given notice if notice was given to his predecessor-in-title. Such notice shall specify the place, day and hour of the meeting and a description of any matter that must be approved by the members under the South Carolina Non-profit Corporations Act of 1994, and, in the case of a Special Membership Meeting, the purpose of the meeting. Evidence of such notice having been given may consist of an Affidavit of Mailing evidencing that the requisite notice was posted at least ten (10) days prior to such meeting. Any member may waive notice before or after the date and times stated in the notice by written signed waiver and shall waive by attendance at a meeting unless he objects to the holding of the meeting at the beginning of the meeting.

(Added 10/10/2015) Notifications (meeting notifications, assessments, announcements, and correspondence) to EHHOA Members will be sent via email by default beginning in November, 2015.

Section 4: Annual Membership Meeting
The annual membership meeting shall be held at time set each year by the Board commencing in 1998 and from year to year thereafter with at least ten (10) days but not more than sixty (60) days notice thereof by email or first class mail to each Member for the purpose of electing directors and transacting any other business authorized to be transacted by the Members. At the Annual Membership Meeting, the Members shall elect new members of the Board of Directors by plurality vote and in accordance with ARTICLE V of these Bylaws and shall transact such other business as may properly be brought before the meeting.

(Added 10/10/2015) Notifications (meeting notifications, assessments, announcements, and correspondence) to EHHOA Members will be sent via email by default beginning in November, 2015.

Section 5 Special Membership Meeting(s):
Special membership meeting(s) of the Members for any purpose or purposes, unless otherwise prescribed by statute, may be called by the President of the Association and shall be called by the President or Secretary of the Association at the request, in writing, of Members owning five percent (5%) or more of the total votes of the Members of the Association, which request shall state the purpose or purposes of the proposed meeting.

Section 6: Written Consent
Whenever the vote of Members at a meeting is required or permitted by any provision of these By-Laws to be taken in connection with any action of the Association, action may be taken if eighty percent (80%) of the voting power shall consent in writing to such action being taken; however, notice of such action shall be given to all Members unless all Members sign a written consent to such action. The consents shall be made a part of the minutes of the Association.

Section 7: Action by Written Ballot
Any action may be taken without a meeting, if written ballots meeting the required quorum and voting requirements are delivered to the Association in compliance with South Carolina Non-Profit Corporations act, Section 33-31-708

Section 1: Composition of the Board of Directors
The Association shall be governed by a Board of Directors initially consisting of five (5) Members. The number of Directors, in subsequent years, which shall not be less than five (5), shall be determined by a majority vote of the Board of Directors.

Section 2: Qualifications and Selection of Board Members
(Amended 09/19/20) All Directors of the Board must be Members of the Association. Each Director shall be entitled to one vote regarding all matters before the Board.

Section 3: Term of Office
(amended 09/19/20) The Directors shall hold staggered terms. The term’s length shall be three (3) years. No Director may serve more than two (2) consecutive terms. If a Director is appointed by the Board to fill a vacant seat for an unexpired term, that Appointed Director can only be re-elected by the Membership to one additional consecutive term, such that no Director shall ever serve more than 6 consecutive years on the Board.

Section 4: Removals
Any Director elected by the Members may be removed from the Board, with or without cause, by a majority vote of the Members of the Association at a meeting called for that purpose after notice of the meeting stating that purpose. Any director appointed by the Board of Directors may be removed by the Board of Directors. A successor may then and there be elected by a majority vote of the Members to fill the vacancy thus created. Should the Members of the Association fail to elect a successor, the board of directors may fill the vacancy in the manner provided in Section 5 below.

Section 5: Vacancies on Directorate
If the office of any Director or Directors becomes vacant by reason of death, resignation, retirement, disqualification, removal from office or otherwise, a majority of the remaining members of the Board of Directors, though less than a quorum, as defined in Article VII, Section 5 below, shall choose a successor or successors, at any regular or special meeting of the Board of Directors. Such replacement Member of the board of Directors shall hold office for the balance of the unexpired term.

Section 6: Disqualification and Resignation of Directors
Any Director may resign at any time by sending a written notice of such resignation to the office of the Association, delivered to the Board of Directors, its presiding officer, the President or the Secretary. Unless otherwise specified therein, such resignation shall take effect upon receipt thereof. No Director shall continue to serve on the Board of Directors should he be more than thirty (30) days delinquent in the payment as a Member of any assessment against his Lot; and said delinquency shall automatically constitute a resignation, effective when such resignation is accepted by a majority of the Board of Directors then in office.

Section 7: Compensation
Directors may receive compensation for any service he/she may render to the Association, if approved by a two-thirds (2/3) majority vote of the Membership. However, any Director may be reimbursed for his actual expenses incurred in the performance of his duties. Nothing herein shall prevent the Director from receiving compensation for services rendered or products sold in the Corporation pursuant to an agreement approved by the other Directors.

(Added 03/01/2009) A member who completes one year of service on the Board of Directors will not be required to pay the next annual assessment that becomes due for one Lot. This shall apply to each complete year that he/she serves on the board. This will not apply to special assessments.

Section 1: Nomination
Except as otherwise provided in Article V, nomination of the Members of the initial Board of Directors shall be made by the Declarant; thereafter, nomination for election to the Board of Directors by the Members shall be made by a Nominating Committee. Nominations may also be made from the floor at the meeting. (Sentence amended 09/19/20) The Nominating Committee shall consist of a Chairman, who shall be a Member of the Board of Directors, and two (2) or more other people who shall be Members of the Association. The Nominating Committee shall be appointed by the Board of Directors to serve until the close of the annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Director as it shall in its discretion determine, but not
less than the number of vacancies that are to be filled.

(Amended 10/10/2015 to remove/change active references to “Declarant” that was Southeastern Land Sales and, therefore, no longer applicable OR changed to the Board of Directors.)

Section 2: Election
Election to the Board of Directors shall be by secret written ballot or by show of hands (as directed by the President of the Association) and shall be held at the annual meeting of the Members. At such election the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes for each vacancy shall be elected. Cumulative voting is prohibited.

(amended 09/19/20 to add “Board of Directors” to the name/type of meeting)

Section 1: Regular Board of Directors’ Meetings
Regular Board of Directors’ meetings shall be held at least once every six (6) months without notice, at such date, place and time as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Although not required, notice of such regular meeting may be given to each Director personally or by mail, telephone, telegraph or email at least three (3) days prior to the date of such meeting. All meetings of the Board, including special meetings in accordance with Section 2 below, shall be open to all Members.

Section 2: Special Board of Directors’ Meetings
Special Board of Directors’ meetings shall be held when called by the President of the Association, or by any two Members of the Board of Directors. At least two (2) days’ notice shall be given to all Members of the Board of Directors of the date, time, place and purpose of such meeting.

Section 3: (Amended 09/19/20) Place of Meetings
Meetings of the Board of Directors shall be held in Greenwood County, South Carolina, whenever practical. However, this provision is in no way intended to invalidate in any way whatsoever meetings held somewhere other than Greenwood County, South Carolina, so long as such meetings are proper in all other respects.

Section 4: Directors, Waiver of Notice
Before or at any meeting of the Board of Directors, any Director may waive notice of such meeting by signed written waiver placed in the minutes of the Association and such waiver shall be deemed equivalent to the giving of notice. Attendance by a Director at any meeting of the board shall be a waiver of notice by him/her of the date, time and place thereof, unless such Director timely objects to such meeting or vote. If all the Directors are present at any meeting of the Board without objections, no notice shall be required, and any business may be transacted at such meeting.

Section 5: Quorum
At all meetings of the Board of Directors, a majority of the Members of the Board of Directors shall constitute a quorum for the transaction of business, and the acts of the majority of the Members of the Board of Directors present at such meetings at which a quorum is present, shall be the acts of the Board of Directors. If, at any meeting of the Board of Directors there be less than a quorum present, the majority of those present may adjourn the meeting from time to time. At each such adjourned meeting, any business which might have been transacted at the meeting, as originally called, may be transacted without further notice. The joinder of a Director in the action of a meeting by signing and concurring in the minutes thereof, shall constitute the presence of such Director for the purpose of determining a quorum and shall constitute his vote for such action.

Section 6: Action Taken Without a Meeting
The Directors shall have the right to take any action in the absence of a meeting which they could take at a meeting, by obtaining the written approval of a majority of the Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors and shall be included in the minutes of the Association.

The Board of Directors of the Association shall have the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not by law or by the Declaration, this Association’s Articles of incorporation, or these By-Laws, directed to be exercised and done by Owners. These powers and duties specifically include, but shall not be limited to, the matters hereinafter setforth.

Section 1: Powers
The powers of the Board of Directors shall specifically include, but shall not be limited to the following:
(a)
to adopt and publish rules and regulations governing the use of the Common Areas, Limited Common Areas, if applicable, and facilities located thereon, Common Property and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof; (added 09/19/20) including monetary fines, which form a lien on the Owner’s Lot and are collected in the same manner as assessments;
(b)
to suspend the voting rights and right to use of the recreational facilities of a Member during any period in which such Member shall be in default in the payment of any Assessment levied by the Association. Such rights may also be suspended for such time as may be determined by the Board of Directors after notice to the Member and hearing before the Board of Directors for any infraction of rules and regulations;
(c)
to exercise or delegate for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the Membership by other provisions of these By-Laws, the Articles of Incorporation, or the Declaration;
(d)
to declare the office of a Member of the Board of Directors to be vacant in the event such Member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and
(e)
to employ a manager, independent contractors, accountants, attorneys, engineers, or such other employees or agents as they deem necessary, and to prescribe their duties;
(f)
(Amended 09/19/20) to provide insurance for all Directors, Officers and employees of the Association and the Association itself against financial and/or corporate malfeasance in an amount determined by the Board of the Association, and the premium on such insurance shall be paid by the Association;
(g)
to borrow money to meet the financial needs of the Association and to mortgage the property of the Association and to pledge the revenues of the Association as security for such loans made to the Association the proceeds of which loans shall be used by the Association in performing its authorized functions.

Section 2: Duties
The duties of the Board of Directors shall specifically include, but shall not be
limited to the following:
(a)
to cause to be kept a complete record of its acts and corporate affairs;
(b)
to supervise all officers, agents and employees this Association, and to see that their duties are properly performed;
(c)
as more fully provided in the Declaration, to:
(1)
fix the amount of the Annual Assessment, Special Assessments, Assessments for the use of Limited Common Areas against each property ownership form as defined in the Declaration not later than the first calendar quarter in each year;
(2)
send written notice of each Assessment to every Owner subject thereto as soon as practicable after the fixing hereof; and
(3)
enforce the lien rights against any Lot for which Assessments or costs are not paid within thirty (30) days after due date or to bring an action at law against the Owner personally obligated to pay the same;
(d)
to issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any Assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states that an Assessment has been paid, such certificate shall be conclusive evidence of such payment;
(e)
to procure and maintain adequate liability and hazard insurance on property owned the Association in the form and amount required by the Board of Directors;
(f)
to provide insurance for all Directors, Officers and employees of the Association and the Association itself against financial and/or corporate malfeasance in an amount determined by the Board of the Association, and the premium on such insurance shall be paid by the Association.
(g)
to cause the Common Areas and Limited Common Areas and Common Property to be adequately maintained;
(h)
to review and amend, if appropriate, the annual budget as prepared by the Treasurer in accordance with Article X, Section 8 hereof;
(i)
to enforce the Restrictive Covenants and rules and regulations and if necessary, bring an action at law or in equity, against the Member to enforce same or recover damages resulting from the violations;
(j)
to carry out and enforce the guidelines, findings and directives (fines, etc.) of the ARC

Section 3: (added 09/19/20) Violations and Schedule of Fines and Procedures
The Eagles Harbor Homeowners Association has the right and obligation to set Rules and Regulations and may impose monetary fines to achieve compliance. Violations and fines may apply to any breach of any Governing Document of the Association. Payment of fines does not necessarily grant a variance for the violation; remediation of the violation will be determined by the Board of Directors based on the specifics of each violation.

Process for Imposing Fines:
The following is the process for imposing fines for violations to the Declaration of Covenants, Conditions, and Restrictions, and/or Declaration of Restrictive Covenants and/or By-Laws and/or Construction Process and/or Rules and Regulations:

Notice: Notice of a Violation will be emailed or mailed to the Owner’s last known address with the details of the specific violation. {This may be construed as an Official Warning and/or First letter).

If the Violation is not corrected within a reasonable amount of time, as determined by the sole discretion of the Board and provided to the Owner at the time of this initial notification, a second notice {This will be known as a Second letter) will be sent to the Owner by First Class Mail with the imposed fine if the Violation is not corrected by a stated Deadline Date.

Fine amount: The Board of Directors will maintain a Violation Fee Schedule, which may be altered from time to time by consent of the Board and which shall be provided to the Membership. Violations will be fined based on this Violation Fee Schedule. However, if actual damage is done to Common Property of the Association, the fine will be in addition to any actual costs and Costs of Collections for remediating the repairs.

Appeals Process: The following is the process for appealing imposed fines for Violations:
(a)
The Owner will submit an Appeal in writing either by email or mail to the Eagles Harbor HOA Board of Directors which must be received within ten {10) days after the Deadline Date specified on the second written notice of Violation and fine. Failure to appeal within ten (10) days thereof shall be deemed acceptance of the fine and acknowledgement of the Violation.
(b)
An Appeals Committee consisting of three (3) members will be established by the appointment of the Board. There will be One (1) Member on the Appeals Committee who is currently serving on the Board of Directors and this person will serve as the Chair of the Appeals Committee and two (2) Members from the Association at large. The Members of the Appeals Committee must attest that they are impartial towards the Owner who is assessed with the Violation. If it is a Director who is being assessed the violation and fine, he/she may neither serve on the Appeals Committee nor play any role in the establishment of that Appeals Committee for his/her specific appeal.
c.
An Appeals Meeting will be scheduled within fourteen (14) days of the receipt of the appeal by the Board of Directors wherein the Owner will be allotted a reasonable amount of time to present their appeal to the Appeals Committee against the cited violation.
d.
After the Appeals Meeting, the Appeals Committee, being chaired by the Board of Director’s Member, will reach a decision with each member of the Appeals Committee casting one vote either in favor or opposed to the Violation. The majority will rule.
e.
The Appeals Committee will make their decision known to the Board of Directors within seven (7) days of the Appeals Meeting in writing.
f.
The Board of Directors will provide written notice by First Class Mail to the Owner of the Decision on the Violation (but not the specific vote) within fourteen (14) days of receiving the written report from the Appeals Committee. The determination of the exact fine will be predicated on the Violation Fee Schedule and will be made by the Board of Directors and will be considered final.
g.
If a Violation and fine is not appealed, the fine shall commence on the Deadline Date of the Second Letter. If an Appeal is made, the fine shall commence on the Date the Board sends the Owner the Decision of the Appeals Committee.
h.
The fine shall be paid within 30 days of the Deadline Date (or Decision of the Appeals Committee, if an appeal had been filed and it is determined that the Violation did in fact occur). If it is not paid within 30 days it shall be considered to be delinquent and handled as any other delinquent assessment.

Subject to the provisions of the South Carolina Non-Profit Corporations Act, the Members of the Board of Directors, officers, employees, agents, managing agents or management firm (herein collectively referred to as “Agents”) shall not be liable to the Owners or the Association for any mistake of judgment, negligence or otherwise, except for their own individual willful misconduct or bad faith.
Subject to the provisions of the South Carolina Non-Profit Corporations Act, the Association shall indemnify and hold harmless each of the Agents and its agents or employees against contractual or tort liability to others arising out of contracts made, actions performed or omissions by the Agents on behalf of the Association unless any such contract, action or omission shall have been made in bad faith or contrary to the provisions of the Declaration or of these By-Laws. It is intended that the Agents shall have no personal liability with respect to any contract made, action performed or omission by them on behalf of the Association.

Section 1: Enumeration of Officers
(amended 09/19/20)
The Officers of this Association shall be a President, a Vice President, a Secretary and a Treasurer, and such other offices as the Board may from time to time by resolution create. The President may not serve in any other of these aforementioned titled offices. The Secretary and Treasurer, the Vice President and Secretary and the Vice President and Treasurer may be held by the same person or two or more persons, but at no time shall al three non-Presidential offices be held concurrently by one Director. Offices of the Board are determined by the Board of Directors.

Section 2: Election of Officers
The election of officers shall take place at the organization meeting of the Board of
Directors following within ten (10) days after each annual meeting of the Members.

Section 3: Term
The officers of the Association shall be elected annually by the Board of Directors and each shall hold office for one (1) year and until their successors are chosen and assume office in their stead unless he shall sooner resign, or shall be removed, or otherwise be disqualified to serve.

Section 4: Appointive Officers
The Board of Directors may appoint Assistant Secretaries and Assistant Treasurers and such other officer as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board of Directors may from time to time determine.

Section 5: Resignation and Removal
Any officer may be removed from office with or without cause by the Board of Directors. Any officer may resign at any time giving written notice to the Board of Directors, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance or acknowledgment of acceptance of such resignation shall not be necessary to make it effective.

Section 6: Vacancies
A vacancy in any office may be filled by appointment by the Board of Directors. The
officer appointed to such vacancy shall serve for the remainder of the term of the
officer he/she replaces.

(DELETED 09/19/20)
Section 7: Duties
The duties of the officers are as follows:
President The President shall be the chief executive officer of the Association. He/She shall preside at all meetings of the Owners and of the Board of Directors; shall see that orders and resolutions of the Board are carried out. He/She shall have executive powers and general supervision over the affairs of the Association and other officers. The President shall sign all leases, mortgages, deeds, contracts and other written instruments as required by resolution of the Board of Directors. He/She shall perform all of the duties incident to his/her office or which may be delegated to him/her from time to time by the Board of Directors.
Vice President The Vice President shall act in the place and stead of the President in the event of his/her absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him/her from time to time by the Board of Directors.
Secretary The Secretary shall issue notices of all Board of Directors’ meetings and all meetings of the Members and shall attend and keep the minutes of same. The Secretary shall have charge of ail the Association’s books, records and papers, except those kept by the Treasurer. The Secretary shall prepare minutes of the Directors and Members meetings and authenticate the records of the Association. The Assistant Secretary shall perform duties of the Secretary when the Secretary is absent.
Treasurer The Treasurer shall:
(a)
have custody of the Association’s funds and securities, except the funds payable to any management firm, and shall keep full and accurate accounts of receipts and disbursements in books belonging to the Association, and shall deposit all monies and other valuable effects in the name of depositories as may be designated from time to time by the Board of Directors;
(b)
disburse the funds of the Association as may be ordered by the Board of Directors in accordance with these By-Laws, making proper vouchers for such disbursements, and shall render to the president and the Board of Directors at the regular meetings of the Board of Directors, or whenever they may require it, an account of all his/her transactions as the Treasurer and of the financial condition of the Association;
(c)
collect the Assessments and shall promptly report the status of collections and of all delinquencies to the Board of Directors;
(d)
give status reports to potential transferees on which reports the transferees my rely;
(e – amended 08/12/2006)
Cause an annual compilation of the Association to be completed in a timely fashion by a qualified individual or individuals, as appointed by the Board of Directors, on an annual basis and the results of such compilation shall be reported to the board of Directors and the Members. The Board of Directors, at its discretion, shall contract a full audit of the Association financial records by a certified Public Accountant which shall be reported to the Board of Directors and the Members.
(f)
the duties of the Treasurer shall be performed by the Assistant Treasurer when the Treasurer is absent.
(g)
the duties of the Treasurer or Secretary may be fulfilled by a management firm employed by the Association, in which event such management firm shall have custody of the books of the Association.

(amended 06/25/25)
In any claim, dispute, or action brought by any Member against the Association, including but not limited to administrative proceedings, agency complaints, arbitrations, mediations, and any action at law or in equity, whether or not suit is filed, if the Member does not prevail, the Association shall be entitled to recover from the Member all reasonable attorneys’ fees, costs, and expenses incurred By the Association in defending against such claim, dispute, or action. For the purposes of this provision, “does not prevail” means that the Member failed to obtain all of the relief sought. Such attorneys’ fees, costs, and expenses shall be collected in the same manner as Costs of Collection as defined by the Declaration.

(amended 09/14/24)

Section 1: Corporate Record Keeping
When consistent with good business practices, any records of the Association required by the South Carolina Nonprofit Corporation Act (S.C. Code Ann. Sec 33-31-101, et seq) may be maintained in any format so long as the records can be reproduced in a written format in a reasonable timeframe.

Section 2: Inspection of Corporate Records
The Members shall have the right to inspect the Corporate Records of the Association to the extent and in accordance with the procedures and limitations prescribed by the South Carolina Nonprofit Corporation Act. The Association may charge the Member requesting the information reasonable fees for the costs incurred in providing the Corporate Records for inspection and/or physical copies of such Corporate Records.

(Amended 09/19/20) As more fully provided in the Declaration of Conditions, Covenants and Restrictions: each Member is obligated to pay to the Association annual assessments, special assessments, costs of collections and other monetary fines which are secured by a continuing lien upon the Lot against which the Assessment is made.

The Board of Directors shall appoint a Nominating Committee as provided in these By-Laws. In addition, the Board of Directors shall designate one or more committees or individuals which, to the extent provided in the resolution designating said committee, individual or individuals, shall have the powers of the Board of Directors in the management of affairs and business of the Association. The committee, committees, individual or individuals shall have such name or names as may be determined from time to time by the Board of Directors, and said committee(s) shall keep regular minutes of their proceedings and report the same to the Board of Directors, as required.

The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation.

The Association shall have a seal in circular form having within its circumference the words: Eagles Harbor Homeowners Association or an appropriate abbreviation thereof.

Subject to the provisions of the South Carolina Non-Profit Corporations Act, the Association and Owners shall indemnify every Director and every officer, his/her heirs, executors, and administrators, against all losses, costs and expenses reasonably incurred by him/her in connection with any action, suit or proceeding to which he/she may be made a party by reason of his/her being or having been a Director or officer of the Association, except as to matters wherein he/she shall be finally adjudged in such action, suit or proceeding, to be liable for or guilty of gross negligence or willful misconduct The foregoing rights shall be in addition to and not exclusive of all other rights to which such Director or officer may be entitled.

Robert’s Rules of Order (latest edition) shall govern the conduct of the Association’s meetings when not in conflict with the Declaration or these By-Laws

Section 1:
These By-Laws may be amended at a regular or special meeting of the Members by majority of the vote at a duly called meeting at which a quorum exists as provided in Section 5 of ARTICLE Ill hereof and provided that any matter stated herein to be or which is in fact governed by the Declaration may not be amended except as provided in the Declaration.

Section 2:
In the case of any conflict between the Certificate of Incorporation and these By.laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-laws, the Declaration shall control.

Section 3:
The Board of Directors reserves the right to amend from time to time these By-Laws without the vote of members, which amendment shall include, but not be limited to, the right to correct scriveners errors or to conform with the requirements of VA, FHA, FHLMC, FNMA, State Housing Authority or insurers or purchasers of mortgage loans.
(Added Any amendment made by the Board pursuant to this section, will be made known to the Members at the Annual Membership meeting including the reason that such change was made. If the Membership so decides, they can rescind any and all such changes by a simple majority vote of the Members present at this meeting if a quorum to conduct business is present. If rescission is not performed by the Membership, the change shall be considered a permanent part of the By-laws.

Enacted the 18th day of September, 1997

08/12/2006
09/29/2007
3/01/2009
10/10/2015
9/19/2020
9/14/2024
6/25/2025

Section 1: Definitions of The Community and Common Property 
The Community is all of the public and privately held property of Eagles Harbor Subdivision as incorporated September 19, 1997 with the subsequent filed amendments. 

The Common Property shall include all of the Surfaced Roads from the Entrance off of New Zion Road at the South End to the Junction of Eagles Harbor Drive at Ridge Road at the North End. It shall include all right of ways and easements to these Roads. The Gates/Fences/Security Cameras purchased and maintained by the Homeowners Association (HOA) on Common Property in addition to the well and irrigation system at the South Gate and all Landscaping provided by the HOA and/or placed on Common Property. The Marina, Boat Docks/Slips and Ramp, Beach Area, Gazebo and accoutrements associated with these amenities (Lot 23). The Boat/Trailer Storage Facility currently on Lots 1,2 and 3. The Circle of Land in the midst of Long Point Road, Lot 70, and the “HOA” Lot between private Lots 117A and 119A. Finally, the drainage pipes/culverts under the Road shall all be considered Common Property of the Association. Moreover, if any additional property is purchased and/or acquired by the Homeowners Association, it shall become a part of the Common Property. 

Section 2: Limited Liability of Homeowners Association, Inc
All persons who use the Common Property, whether as a Member or as a Guest of a Member, assume sole responsibility for their own private property which they may use on this Common Property. The ASSOCIATION SHALL NOT BE RESPONSIBLE FOR ANY LOSS AND/OR DAMAGE TO ANY PRIVATE PROPERTY USED AND/OR STORED ON OR IN COMMON PROPERTY. 

Section 3: Liability of Users for Damage to Common Property 
Every Member of the Association shall be liable for any Common Property damage and/or personal injury occurring at or on Common Property which is caused directly or indirectly by the conduct of the Member and/or their Guests who are present by implied consent of the Member, and shall indemnify the Association for any loss, cost, claim, injury, damage, or liability sustained by the Member and/or Guest as a result of such conduct.

Section 4: Limited Liability for Personal Injury 
All Members, Guests, or other persons who use the Common Property, or who engage in any function of whatever nature, whether organized by the Association or not, shall do so at their own risk. Furthermore, any person using the Common Property agrees that neither the Association, nor its Directors, Officers, Employees, Representative, (collectively called Agents) shall have any liability for loss, cost, claim, injury or damage sustained or incurred by him or her, resulting from any act, or omission of the Association and/or its Agents except by an act or omission constituting willful misconduct. 

Section 5: Use of Common Property 
The Association, as managed by the Board of Directors, may limit the nature of activities on any Common Property. This includes, but is not limited to, sales, businesses, political causes, and the posting of petitions, etc. The Association reserves the right to impose an activity’s schedule should the need arise. When any Member or their Guests use Common Property, it is expected that the Common Property will be left in a condition at least as good as when the utilization began. 

Section 6: In-Water Activities at Your Own Risk 
The Association shall provide no lifeguard at the Beach, Boat Dock and/or Marina area. Swimming and/or any activity done in and/or near the water is done at each individual’s own risk. 

Section 7: Children under the age of 12 years of age 
Children under the age of twelve (12) must be accompanied or supervised by an adult (age 18 and older) at all times while on Common Property. Liability for any Common Property damage and/or personal injury to the child will be the sole responsibility of the accompanying party. Motorized vehicles may not be operated by individuals under the age of twelve (12) on Common Property without being accompanied by an individual with a valid Driver’s License. 

Section 8: Prohibited Activities 
(a) There shall be no “hunting” and/or “target-shooting” within the Community. Use of a firearm for personal protection shall not be covered by this rule. Should the need arise, the Greenwood County Sheriff’s Office and/or Greenwood County Animal Control should be called if reasonably possible. Members are reminded that the flight of all projectiles are the responsibility of the shooter at all times no matter what the circumstances may be. 

(b) The following activities shall be prohibited on the Boat Docks, Ramps to the Docks and Boat Launching Ramp: Skateboarding, skating, roller blading, and the riding of scooters, bicycles, tricycles and/or similar devices. 

Section 9: Lawful Behavior 
All persons using Common Property shall strictly adhere to the Laws of the State of South Carolina and Federal Statutes where applicable. All duly deputized officers of Greenwood County, The State of South Carolina and/or Federal Agents shall have jurisdiction in all such matters. 

Section 1: Signs 
All signs displayed by individual members shall be wholly contained on their private property. No sign permitted below may be on any part of the Common Property particularly including the Easement of the Road with the exception of aesthetic and/or property address/owner name signs on or immediately adjacent to their US postal box. 

The following signs are approved by the Board of Directors and NO additional permission need be sought to display these items: 
a. Aesthetic signs smaller than 9 sq feet  
b. No Trespassing signs, Beware of Dog signs and similar warning placards 
c. Signs that state the name and/or address of the Property owner 
d. Security system signs smaller than 1 sq ft
e. Political Campaign signs up to 9 sq feet displayed no more than 120 days prior to the election and removed no more than 7 days after the election 
f. A singular Contractor sign displayed during the construction process (see Construction Process for specific requirements) 
g. For Sale signs on Movable “items”

Section 2: Use of the Boat and Trailer Storage Facility 
The boat/trailer storage area is for Members’ vehicles. Members should have their names on each item in the Boat Storage Area. Storage locations shall be on a first come, first served basis. The Facility is primarily for watercrafts and their trailers. Members are expected to park their vehicles in an orderly fashion conserving as much space as reasonably possible for ingress and egress of all vehicles. Any vehicle may be moved by the Association for Good Cause. Good Cause could include improper parking, blocking another vehicles egress, or parking in the “maintenance area”, etc. The Association reserves the right to remove items that are unsightly or appear to be abandoned. Notice to the Member will be provided if at all possible. The Property owner is responsible for costs associated with removing any vehicle and/or item that needs to be moved. The Board reserves the right to restrict the total number of parking spots per Member’s Lot if the need should arise. 

Section 3: Use of the Boat Ramp 
The use of the boat ramp is for Members and their invited guests only. Watercraft shall not be moored at the boat ramp, nor will parking of any trailer be permitted in the Marina Circle. No one may enter any watercraft stored/moored at the marina without express permission from the Owner of the Watercraft, however liability remains the responsibility of the Owner and not the Association. 

Section 4: Use of Boat Docks A, B and C 
Members and their invited guests may moor at the slips of Boat Dock A. Boat Dock A is generally for Day use only. Permission for limited extended use may be granted by the Board. 

The leased slips at Boat Docks B and C are for the use of the Leasee only. No additions and/or alterations may be made by any Leasee to the docks, piers and finger piers. The maximum size of a docked watercraft is a beam width of 8.5 feet and length of 30 feet. 

Electrical pedestals are for temporary use only. Electrical pedestals are available on a first come, first served basis. 

A second violation of any of the violation in sections 1, 2 and/or 3 below within a 12-month period of time shall result in a doubling of the fine amount. 

Section 1: Minor Violations of the Rules and Regulations 
The following fine schedule shall apply on a daily basis for all of the following Minor Violations: 

The fines shall be $10.00 per day for each day these violations remain uncorrected. The Board reserves the right to modify the fine amount from time to time as it deems prudent: 

1. Keeping trash, garbage or waste in an unsanitary and/or unsightly condition. (Covenant Restriction 15) 

2. Using an A-Lot for a temporary purpose other than for a septic drain purpose. (CCR, Article 1) 

3. Displaying a non-approved sign (Cov. Restr. 6, and R&R Art II, sect 1) 

4. Presence of an outside clothesline. (Covenant Restr 18) 

5. Maintaining a non-compliant satellite dish. (Covenant Restr 18) 

6. Maintaining junk automobiles, untagged and/or unregistered automobiles, unserviceable vehicles, vehicles under repair and/or storage of salvage materials outside of an approved enclosure. (Covenant Restriction 19) 

7. Maintaining a boat and/or trailer over 28 feet and/or motor home not within an approved enclosure for more than a reasonable amount of time. This shall generally be considered to be beyond 30 days. (Covenant Restriction 19) 

8. Large trucks as defined in the Covenants, shall not be parked on a regular basis within the Community. Such vehicles shall not be domiciled within the Community. Short-term parking for loading and unloading shall be permitted. Permission for up to 7 days of parking with notice to the Board will be required if parking is intended to last more than 48 hours. Trucks specifically for construction shall be handled by the Construction Process. 

9. Mooring a boat overnight at Boat Dock A without permission from the Board. (R&R, Art 2, sect 4) 

10. If beekeeping is pursued, not following the “Eagles Harbor Beekeeping Resolution” (as filed in the Greenwood County Courthouse August 18, 2020) 

Section 2: Major Violations of the Rules and Regulations 
The fines shall be $20.00 per day for each day these violations are uncorrected: The Board reserves the right to modify the fine amount from time to time as it deems prudent: 

1. Carrying on noxious or offensive trade, or activities that may become an annoyance or nuisance to the neighborhood. This would include but not be limited to maintaining classic farm animals including poultry and/or exotic animals outside. (Covenant Restriction 14) 

2. Persistently allowing one’s Dog(s) or cat(s) to roam the Common Property without being leashed. A third distinct complaint within a 6-month timeframe shall
trigger the initiation of this infraction. (Covenant Restriction 14) 

3. Damming up any stream or waterway to produce stagnation of this waterway. (Covenant Restriction 14) This infraction shall be daily until the stream flow is restored. 

4. Parking Overnight in the “special area for maintenance” in the Boat Storage area. (R&R, Art 2, sect 2) 

5. Overnight parking (please see special rules for Construction Vehicles) and/or camping on any Common Property without express permission from the Board. (Covenant Restriction 10) 

6. Using any Common Property and not cleaning it back up after its use (Clean and tidy with all trash removed). If grills are used, the fires must be completely extinguished with the grill surface clean. (R&R, Art I, sect 5). 

7. Leaving a watercraft unaccompanied moored on the Boat ramp. (R&R, Art II, Sect 3) 

8. Leaving a trailer unaccompanied on the Boat Ramp and/or in the Marina Circle (R&R, Art II, sect 3) 

9. Making a residence of a boat at the Marina and/or any other temporary structure within the Community for other than a short-term visit lasting up to 14 days unless approved for an extension by the Board. 

10. Hunting or “target” shooting within the Community (R&R, Article 1, section 8) 

Section 3: Severe Violations of the Rules and Regulations 
The fines shall be per event, at a rate of $250.00 for the event unless otherwise noted. The Board reserves the right to modify the fine amount from time to time as it deems prudent: 

1. Hosting a garage, yard/lawn or estate sale; or any other event where a “general invitation to the public” is offered. (Covenant Restriction 1) 

2. Using Common Property for the benefit of a Political Cause. (R&R, Art I, section 5) 

3. Throwing and/or dumping trash, garbage, waste materials on any Common Property. (Covenant Restriction 14) 

4. Purposely and/or negligently causing damage to Common Property. This fine is in addition to paying for the cost of repairs. (R&R, Art I, sect 3.) Accidental damage may occur without a fine, but the cost of repairs shall still be imposed upon the Member who is found liable. 

5. Making any addition and/or alteration to the dock/pier or boat slip at the Marina. (Covenant Restriction 27). In addition to the fine, the dock/pier must immediately be returned to its original condition or the Board shall do so and the costs will be imposed upon the Member who is found liable. 

6. Whereas the Declaration of Restrictive Covenants under “General Use Restrictions” states, “the lots shall be used for residential purposes only” and whereas, only members and their invited guests, agents, contractors and family are permitted to use Common Property and, whereas it is stated that NO noxious or offensive “trade” or activity shall be carried upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood, be it resolved that NO short-term rentals (less than and/or equal to 30 days) of any type (VRBO, AirBNB and/or similar, or even independently member or agent-arranged rentals) will be permitted. By their very nature, such short-term rentals are commercial in nature and pose a risk of annoyance to the neighborhood. The fine will be $250 for the first such rental, $500 for the second and subsequent such rentals within a calendar year. This DOES not apply to long-term rentals (greater than 30 continuous days.) Eagles Harbor is a private, gated-community intended for Member’s and their invited guests use only. The privacy, serenity, security and residential nature of the Community is of foremost concern. 

7. Constructing and/or using an A-Lot with the purpose of this being a PERMANENT usage and/or structure on the A Lot. This shall be $250 per day until the infraction is remediated. There shall be NO USAGE of any A LOT for ANY PURPOSE but SEPTIC/DRAIN FIELD utilization. (CCR, Article 1) 

All fines will be levied pursuant to Article VIII, section 3 of the Eagles Harbor Homeowners Association, Inc By-Laws. Likewise, all Violations can be appealed using the Appeals Process contained therein. 

May 26, 2022