Governing Documents | Learn More, Stay Compliant, Join Today

May River Plantation Owner’s Association

BY-LAWS,

COVENANTS,

&

AMENDMENTS

As of January, 2023

ARTICLE I

Definitions. The following words and terms, when used in these By-Laws, or in any amendment hereto (unless the context clearly indicates otherwise) shall have the following meanings:

Section 1. Declaration of Covenants and Restrictions. In the course of these By-Laws, reference is made to the Declaration of Covenants and Restrictions dated May 16, 1973, and recorded by May River Plantation, Inc. in the office of the Clerk of Court of Beaufort County, South Carolina, in Deed Book 210, at page 61. A copy of these covenants is attached to these By-Laws and is incorporated herein by reference each and every time said Covenants are referred to by these By-Laws. Said Declaration of Covenants and Restrictions are sometimes referred to herein as "Covenants" or "the Covenants."

Section 2. Association. "Association" shall mean and refer to the MAY RIVER PLANTATION OWNERS' ASSOCIATION, INC., a nonprofit corporation organized and existing under the laws of the State of South Carolina.

Section 3. The Properties. "The Properties" shall mean and refer to property described in Article II of the Covenants and such additions thereto as may hereafter, be brought within the jurisdiction of the Association by annexation as provided in Article VI, Section 2, herein.

Section 4. Common Properties. "Common Properties" shall mean and refer to the roadways, buffer areas and community areas, to those areas of land together with any improvements thereon so designated on any recorded plat of the Properties and to those which are deeded to the Association and designated in said deed as "Common Properties". The term "Common Properties" shall include any personal property acquired by the Association if said property is designated as "Common Property." All Common Properties are to be devoted to and intended for the common use and enjoyment of the Owners of the Properties, subject to any fee schedules and operating rules adopted by the Association. The term "Common Properties" shall include any personal property acquired by the Association if said property is designated as "Common Property." All Common Properties are to be devoted to and intended for the common use and enjoyment of the Owners of the Properties.

Section 5. Company. The "Company" shall mean May River Plantation, Inc

ARTICLE II

Location. The principal office of the Association shall be located at May River Plantation, Bluffton Township, Beaufort County, South Carolina.

ARTICLE III

Membership

Section 1. Membership in the Association shall be as set forth in Article III of the Covenants.

Section 2. The rights of membership are subject to the payment of annual and special assessments levied by the Association, the obligation of which assessments is imposed against each Owner of, and becomes a lien upon, the Property against which such assessments are made as provided by Article V of the Covenants.

Section 3. The membership rights of any person whose interest in the Properties is subject to assessments under Article III, Section 2 hereinabove, whether or not he be personally obligated to pay such assessment, may be suspended by action of the Directors during the period when the assessments remain unpaid; but, upon payment of such assessments, his rights and privileges shall be automatically restored. If the Directors have adopted and published rules and regulations governing the use of the Common Properties and facilities, and the personal conduct of any person thereon, as provided in Article IX, Section 1 of the By-Laws, they may, in their discretion, suspend the rights of any such person for violation of such rules and regulations for a period not to exceed thirty (30) days.

ARTICLE IV

Voting Rights.

Section 1. Voting rights in the Association shall be as set forth in Article III of the Covenants.

ARTICLE V

Property Rights and Rights of Enjoyment of Common Property.

Section 1. Each member shall be entitled to the use and enjoyment of the Common Properties as provided by Article IV of the Covenants applicable to the Properties.

Section 2. Any Member may delegate his rights of enjoyment in the Common Properties and facilities to the members of his family who reside upon the Properties or to any of his tenants or lessees who lease or rent a dwelling unit within the Properties from him. Such Member shall notify the Secretary in writing of the name of any such person or persons and of the relationship to the Member of such person or persons. The rights and privileges of such person or persons are subject to suspension under Article III, to the same extent as those of the Member.

ARTICLE VI

Association Purposes and Powers.

Section 1. Purposes. The Association has been organized for the following purposes:

(a) to own, acquire, build, operate, and maintain recreational facilities, maintenance facilities, permanent wildlife parks, playgrounds, marshland, open spaces, bike trails, including buildings,

structures, fixtures and personal properties incident thereto, hereinafter referred to as Common Properties;

(b) (c) (d) fix assessments (or charges) to be levied against the property in the subdivision; enforce any and all covenants, restrictions and agreements applicable to the Properties; pay taxes, if any, on the Common Properties and facilities.

Section 2.Additions to Properties and Membership. Additions to the Properties described in the Covenants, may be made as provided in the Covenants. Such additions, when properly made under the applicable covenants, shall to the extent provided in the Covenants extend the jurisdiction, functions, duties and membership of this Corporation to such properties.

Section 3.Mortgages, Other Indebtedness. The Corporation shall have the power to mortgage any or all of its properties upon the approval of three-fourths (3/4) of the vote at a meeting duly called for this purpose, written notice of which shall be mailed to all members at least thirty (30) days in advance and shall set forth the purpose of the meeting.

Section 4.Quorum. The Quorum required for any action governed by these By-Laws shall beas follows, unless otherwise provided: At the first meeting duly called as provided therein, the presence of Members, or of proxies, entitled to cast sixty (60%) per cent of the total vote of the Association shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements set forth hereinabove, and the required quorum shall be one-half (1/2) of the previous meeting, provided that no such meeting shall be called more than sixty (60) days following such meeting.

Section 5. Dedication of Properties or Transfer of Function to Public Agency or Utility. The Corporation shall have the power to dispose of its real properties only as authorized under theDedication of Properties or Transfer of Function to Public Agency or Utility. The Corporation shall have the power to dispose of its real properties only as authorized under the Covenants.

ARTICLE VII

Board of Directors.

Section 1. Board of Directors: Selection: Terms of Office. The affairs of the Corporation shall be managed by a Board of Directors. The initial Board of Directors shall consist of four (4) Directors who shall hold office until the election of their successors for the terms stated in this section. Beginning with the first annual meeting to be held on the first Monday in December, 1973, the Members, at each annual meeting, shall elect five (5) Directors each for a term of one (1) year.

Section 2. filled by the majority of the remaining Directors, and such appointed Directors to hold office until his successor is elected by the Members, who may make such election at the next annual meeting of the Members or at any special meeting duly called for that purpose.

Vacancies in the Board of Directors. Vacancies in the Board of Directors shall be filled by the majority of the remaining Directors, and such appointed Directors to hold office until his successor is elected by the Members, who may make such election at the next annual meeting of the Members or at any special meeting duly called for that purpose.

NOTE: This section was amended on 10 January, 2018 to read as follows:

Board of Directors.

Section 1.Numbers of Directors. The number of directors constituting the Board ofDirectors shall be fixed from time to time by the Board of Directors, but shall be no less than three (3) and no more than five (5).

Section 2.Term of Service; Term Limit. Subject to Section 4 of this Article VII, a director shall be elected for a three-year term of office commencing on the first Monday in December and ending three years thereafter. Each director shall be eligible to serve as a director for up to two (2) consecutive full three- (3-) year terms of office. Thereafter such director must cease to serve for at least one year before being eligible for election to the Board of Directors.

Section 3.Staggered Board. Members of the Board of Directors shall serve for staggered terms of office. The Board of Directors shall be divided into three classes with staggered terms, with each class as nearly equal in number as possible. When the number of directors is changed, any increase or decrease in the number of directors shall be apportioned among the classes so as to make all classes as nearly equal as possible, and accordingly the term of any new directorship may, if necessary, be shorter than three years.

Section 4.Vacancies. A vacancy occurring on the Board of Directors, including anyvacancy occurring due to the creation of a new directorship, may be filled by a vote of a majority of the number of directors then in office even though less than a quorum or by the sole remaining director. The person elected to fill such a vacancy shall serve the unexpired term of the vacant position and shall be eligible to serve thereafter for one (1) additional consecutive three- (3-) year terms of office.

ARTICLE VIII

Election of Directors.

Section 1. Election of the Board of Directors shall be by written ballot as hereinafter provided. 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 recorded Covenants applicable to the Properties. The names receiving the largest number of votes shall be elected.

NOTE: This section was amended on 10 January, 2018 to read as follows:

Election of Directors.

Section 1. Election of the Board of Directors shall be by written ballot as hereinafter provided. Beginning with the annual meeting to be held on the first Monday in December, 2017, the Members, at each annual meeting, shall elect the directors whose terms are to commence after such meeting. The directors shall be elected by the vote of the members or their proxies; those persons who receive the highest number of votes at a meeting at which a quorum is present shall be deemed to have been elected.

ARTICLE IX

Powers and Duties of the Board of Directors.

Section 1. The Board of Directors shall have power:

(a) to call special meetings of the Members whenever it deems necessary, and it shall call ameeting at any time upon request as provided in Article XII, Section 2;

(b) to appoint and remove at its pleasure all officers, agents and employees of the Association, prescribe their duties, fix their compensation, and require of them such security or fidelity bond as it may deem expedient. Nothing contained in these By-Laws shall be construed to prohibit the employment of any Member, Officer, or Director of the Association in any capacity whatsoever;

(d) to adopt and publish rules and regulations governing the use of the common properties and facilities and the personal conduct of the Members and their guests thereon;

(e) to exercise for the Association all powers, duties and authority vested in or delegated to this Association, except those reserved to the Members in the Charter of the Corporation, these

By-Laws, or the Covenants;

(f) If in the event that any member of the Board of Directors of this Association shall be absent from three (3) consecutive regular meetings of the Board of Directors without excuse, the Board may, by action taken at the meeting during which said third absence occurs, declare the office of the said absent Director to the vacant.

(g) to appoint an executive committee of three (3) Directors and delegate all or any portion of the powers of the Board of Directors to this executive committee. Section 2. It shall be the duty of the Board of Directors:

(a) to cause to be kept a complete record of all its acts and corporate affairs; to supervise all officers, agents and employees of this Association, and to see that their duties are properly performed;

(b) as more fully provided in Article V of the Covenants applicable to the Properties:

1. to fix the amount of the assessment against each Lot for each assessment period at least thirty (30) days in advance of such date or period and, at the same time;

2. to prepare a roster of the properties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Member;

3. to send written notice of each assessment to every Owners subject thereto;

(c) to issue upon demand by any person a certificate setting forth whether any assessment has been paid. Such certificate shall be conclusive evidence of any assessment therein stated to have been paid.

ARTICLE X

Directors’ Meetings.

Section 1. The annual meeting of the Board of Directors shall be held on the first Monday in December in each year, provided that the Board of Directors may, by resolution, change the day

of holding such regular meeting.

Section 2. Ten (10) days written notice of such annual meeting shall be given each Director.

Section 3. Special meetings of the Board of Directors shall be held when called by any officer of the Association or by any two (2) Directors after not less than ten (10) days notice to each Director.

Section 4. The transaction of any business at any meeting of the Board of Directors, however called and noticed, or whenever held shall be as valid as though made at a meeting duly held after regular call and notice if a quorum is present, and if either before or after the meeting each of the Directors not present signs a written waiver of notice, or a consent to the holding of such meeting, or an approval of the minutes thereof. All such waivers, consents or approvals shall be filed with the corporate records and made part of the minutes of the meeting.

Section 5. The majority of the Board of Directors shall constitute a quorum thereof.

ARTICLE XI

Officers.

Section 1. The officers shall be a President, a Vice President, a Secretary and a Treasurer. Any or all officers may be but shall not be required to be members of the Board of Directors

Section 2. The officers shall be chosen by a majority of the Directors.

Section 3. All officers shall hold officer during the pleasure of the Board of Directors.

Section 4. The President shall preside at all meetings of the Board of Directors, shall see that orders and resolutions of the Board of Directors are carried out and sign all notes, checks leases, mortgages, deeds and all other written instruments.

Section 5. The Vice President shall perform all the duties in the absence of the President.

Section 6. The Secretary shall be ex officio the Secretary of the Board of Directors, shall record the votes and keep the minutes of all proceedings in a book to be kept for this purpose. He shall sign all certificates of membership. He shall keep the record of the Association. He shall record in a book kept for that purpose the names of all Members of the Association together with their addresses as registered by such Members. He shall keep the corporate seal and shall attest all deeds, mortgages, leases and contracts executed on behalf of the Corporation.

Section 7. The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors, provided, however, that a resolution of the Board of Directors shall not be necessary for disbursements made in the ordinary course of business. The Treasurer shall sign all checks and notes of the Association, provided that such checks and notes shall also be signed by thePresident or Vice President.

Section 8. The Treasurer shall keep proper books of account and cause an annual audit of the Association books to be made at the completion of each fiscal year.

ARTICLE XII

Meetings of Members.

Section 1. The regular meeting of the Members shall be held on the first Monday in December in each year. If the day for the annual meeting of the Members shall fall upon a holiday, the meeting will be held on the first day following which it not a holiday.

Section 2. Special meetings of the Members for any purpose may be called at any time by the President, the Vice President, the Secretary or Treasurer or by any two (2) or more members of the Board of Directors, or upon written request of one-fourth (1/4) of the total vote of the Association.

Section 3. Notice of any meetings shall be given to the Members by the Secretary. Notice may be given to the Member either personally or by sending a copy of the notice through the mail, postage thereon fully prepaid to his address appearing on the books of the Association. Each Member shall register his address with the Secretary and notices of meetings shall be mailed to his such address. Notice of the regular meeting shall be mailed at least seven (7) days in advance of the meeting, notice of any special meeting shall be mailed at least thirty (30) days before the meeting and shall set forth the time and place of the meeting and in general the nature of the business to be transacted, provided however, that if the business of any meeting shall involve and be governed by the Articles of Incorporation or by the Covenants applicable to the Properties, or any action for which other provision is made in these By-Laws, notice of such meeting shall be given or sent as therein or herein provided.

Section 4. The presence at the meeting of the members entitled to cast, or of proxies entitled to cast sixty (60%) per cent of the total votes of the Association shall constitute a quorum for any action governed by these By-Laws. Any action governed by the Articles of Incorporation or by the Covenants applicable to the Properties shall require a quorum as therein provided.

ARTICLE XIII

Proxies.

Section 1. At all corporate meetings of members, each member may vote in person or by proxy.

Section 2. All proxies shall be in writing and filed with the Secretary. No proxy shall extend beyond a period of eleven (11) months, and every proxy shall automatically cease upon sale or transfer by the Member of his interest in the Properties.

ARTICLE XIV

Section 1. The Association shall have a seal in circular form having within its circumference the words: MAY RIVER PLANTATION OWNERS' ASSOCIATION, INC., and the State and year of its incorporation.

ARTICLE XV

Amendments.

Section 1. These By-Laws may be amended, at a regular or special meeting of the Members, by three-fourths (3/4) of the vote at a duly called meeting; provided, that any matter stated herein to-be or which is in fact governed by the Covenants may not be amended except as provided in the Covenants.

Section 2. In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control and in the case of any conflict between the Covenants applicable to the Properties referred to in Section 1 and these By-Laws, the Covenants shall control.

STATE OF SOUTH CAROLINA

COUNTY OF BEAUFORT

DECLARATION OF RIGHTS, COVENANTS AND

RESTRICTIONS

APPLICABLE TO PHASES I AND II,

MAY RIVER PLANTATION,

BEAUFORTCOUNTY, SOUTH CAROLINA,

AND PROVISIONS

FOR THE MAY RIVER PLANTATION OWNERS' ASSOCIATION, INC.

THIS DECLARATION of rights, covenants and restrictions for May River Plantation made this 16th day of May 1973, by MAY RIVER PLANTATION, INC., a corporation organized under the laws of the State of South Carolina and having its principal place of business in Bluffton, Beaufort County, South Carolina.

W I T N E S S E T H:

WHEREAS, MAY RIVER PLANTATION, INC. (hereinafter sometimes called "Company") is the owner of certain real property known as the May River Plantation, more fully described in Article II of this Declaration, and desires to create thereon a planned development of residential lots with common open spaces, woods, roadways and other common properties for the use and benefit of the lot owners; and

WHEREAS, in undertaking said development, Company desires to provide for the preservation of the character of May River Plantation and for the maintenance of roadways, and other common properties; and to this end, desires subject the real property described in Article II together with such additions as may hereafter be made, as provided in Article II, to the covenants, restrictions, easements, affirmative obligations, charges and liens hereinafter set forth, each and all of which is and are hereby declared to be for the benefit of said property and each and every owner of any and all parts thereof; and

WHEREAS, Company has deemed it desirable, for the efficient preservation of the character of said development, to create an agency to which should be delegated and assigned the power and authority of maintaining and administering and enforcing the covenants and restrictions governing the same and collecting and disbursing all assessments and charges necessary for such maintenance, administration and enforcement, as hereinafter created; and

WHEREAS, Company has caused to be incorporated under the laws of the State of South Carolina, as a non-profit corporation, May River Plantation Owners' Association, Inc., for the purpose of exercising the functions aforesaid, and which are hereinafter more fully set forth, NOW, THEREFORE, the Company declares that the real properties known as May River Plantation as described in Article II, and such additions thereto as may hereafter be made pursuant to Article II hereof, are and shall be held, transferred, sold, conveyed, leased, occupied, and used subject to the covenants, restrictions, conditions, easements, charges, assessments, affirmative obligations, and liens (sometimes referred to as "the covenants") hereinafter set forth.

ARTICLE I

DEFINITIONS

The following words and terms, when used in this Declaration, or in any amendment orsupplement to this Declaration (unless the context. shall clearly indicate otherwise) shall have the following meanings:

(a) "Company" shall mean May River Plantation, Inc., and its successors and assigns.

(b) The "Property" shall mean and refer to the Property described in Article II hereof, and any additions thereto, which are subjected to this Declaration or any Supplemental Declaration under the provisions of Article II hereof.

(c) "Common Properties" shall mean and refer to the roadways, buffer areas and community areas, to those areas of land together with any improvements thereon so designated on any recorded plat of the Properties and to those which are deeded to the Association and designated in said deed as "Common Properties". The term "Common Properties" shall include any personal property acquired by the Association if said property is designated as "Common Property". All Common Properties are to be devoted to and intended for the common use and enjoyment of the owners of the Properties, subject to any fee schedules and operating rules adopted by the Association.

(d) "Lot" shall mean and refer to any improved or unimproved parcel of land intended for the construction of a detached single-family dwelling as shown upon any recorded map or plat of any part of the Property, but not including the Common Properties as heretofore defined.

(e) "Association" shall mean and refer to the May River Plantation Owners' Association, Inc., a South Carolina non-profit corporation.

(f) "Owner" shall mean and refer to the record owner, whether one or more persons, firms, associations, corporations or other legal entities, of the fee simple title to any lot situated upon the Property but, notwithstanding any applicable theory of a mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure proceedings or any proceedings in lieu of foreclosure; nor shall the term "owner" mean or refer to any lessee or tenant of an Owner.

(g) "Member" shall mean and refer to all those owners who are Members of the Association

as provided in Section I of Article III hereof.

(h) "Committee" shall mean the Architectural Control Committee.

ARTICLE II

Section 1. The property which is hereby made subject to these covenants, and which is and shall be held, owned, transferred, sold, conveyed, leased, and occupied subject to these covenants is located on South Carolina Highway #46 near the town of Bluffton, Beaufort County, South Carolina and is more particularly described as follows:

ALL that certain parcel or tract of land in Beaufort County, South Carolina, and shown and designated as May River Plantation, Phase 1, on a plat of Leigh Gignilliat, R.L.S., dated April 16, 1973 and recorded in the office of the Clerk of Court of Beaufort County, South Carolina in Plat Book 21, page 16 , saving and excepting Lots 8, 9, 10 and 11 as shown on said plat of Phase I;

AND ALSO all that certain parcel or tract of land in Beaufort County, South Carolina, and shown and designated as May River Plantation, Phase II, on a plat of Leigh Gignilliat, R.L.S., dated April 16, 1973 and recorded in the office of the Clerk of Court in Beaufort County, South Carolina, in Plat Book 21, page 17 ;

AND ALSO all that marsh land adjacent to said Phase I and Phase II and bounded on the East by the eastern boundary of Lot 7, Phase 1, as extended to the waters of the May River, on the South by the waters of the May River, on the West by marshes and highland now owned by Nancy Roe, and on the North in part by the southern right-of-way of S. C. Highway 46 and in part by the highlands of said Phase I and Phase 11 of May River Plantation, saving and excepting that certain tract of marsh adjacent to Lots 8, 9, 10 and 11 and bounded on the North by said Lots 8, 9, 10 and 11, on the East by the eastern boundary of Lot 8 as extended to the May River, on the South by the May River and Rose Dhu Creek, and on the West by the western property line of Lot 11 as extended to Rose Dhu Creek; and also saving and excepting that tract of marsh on the East by Rose Dhu Creek, on the South by a line running due East from the marker near the southwestern corner of Lot 35, May River Plantation, Phase III, as shown on a plat thereof recorded in the office of the Clerk of Court of Beaufort County in Plat Book 21, page 18, on the West by the eastern boundaries of Lots 35, 34, 33, 32 and 31 of said Phase III, and on the North by the southern right-of-way of S. C. Highway 46.

Section 2. in the following manner:

Additions to the property. Additional lands may become subject to this Declaration

(a) At any time,-the owner of any Lot in Phase I or II of the Property not already subject to these Covenants, or the owner of any Lot in Phase III of May River Plantation as shown on a plat thereof recorded in the office of the Clerk of Court of Beaufort County in Plat Book 21, page 18, who desires to add said Lot to the plan of these covenants and to subject it to jurisdiction of the Association, may execute, acknowledge and file of record his assent to coverage of these covenants and restrictions with respect to his Lot. This shall extend the operation and effect of the covenants and restrictions of this Declaration along with the rights, duties and beneficial aspect of membership in the Association to such additional property, provided that the Association shall not be required to maintain roads or open spaces in Phase III or to extend water, sewage, or other utility services to any Lot or Lots in Phase III.

(b) The Company may at any time annex additional lands to the Property by executing, acknowledging and filing of record a Supplemental Declaration describing the land to be annexed, provided that the annexed lands are contiguous with the Property and are developed or to be developed in accordance with a general plan not unlike the Property. Owners of Lots in the annexed land shall be Members of the Association, with all the rights, duties, responsibilities and benefits of owners of Lots in the Property, including liability for assessments. Any Supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary or convenient, in the judgment of the Company, to reflect the different character, if any, of the added properties and as are not inconsistent with the Plan of this Declaration.

Section 2. Title to Common Properties. The Company may retain the legal title to the Common Properties until such time as it has completed improvements thereon and until such time as, in the opinion of the Company, the Association is able to maintain the same, but notwithstanding any provision herein, the Company hereby covenants, for itself, its successors and assigns, that it shall convey the Common Properties to the Association no later than January, 1978. Said Common Properties may be conveyed subject to all restrictive covenants of record.

Section 3. hereby shall be subject to the following:

Extent of Member's Easements. The rights and easements of enjoyment created

(a) The right of the Company and of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Common Properties and in aid thereof to mortgage said Properties; and

(b) The right of the Association, as provided in its By-Laws, to suspend the enjoyment of rights of any Member for a period which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations, it being understood that any suspension for further non-payment of any assessment or a breach of the rules and regulations of the Association shall not constitute a waiver or discharge of the Member's obligation to pay the assessments; and

(d) The right of the Company to dedicate or transfer any public or private utility, utility easements on any part of Common Properties; and

(e) The right of the Association to give, sell or lease any part of the Common Properties to any Member, Members, public agency, authority, utility or private concern for such purposes and subject to such conditions as may be decided by the Members, provided that no such gift, sale, lease or determination as to the purposes or as to the conditions thereof shall be effective unless such dedications, transfer, lease and determination as to purpose and conditions shall be authorized by vote of three-fourths (3/4) of the vote at a duly called meeting and unless written notice of the proposed agreement and action thereunder is sent to every Member at least thirty

(30) days in advance of any action taken. A true copy of such resolution together with a certificate of the result of the vote taken thereon shall be made and acknowledged by the President or Vice President and Secretary or Assistant Secretary of the Association and such certificate shall be annexed to any instrument of dedication, transfer or lease affecting the Common Properties, prior to the recording thereof. Such certificate shall be conclusive evidence of authorization by the membership.

ARTICLE V

COVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessments. The Company for each Lot owned by it within the Property hereby covenants and each Owner of any Lot shall by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, be deemed to covenant and agree for himself, his heirs, executors, administrators, successors and assigns to all the terms and provisions of these covenants and to pay to the Association: (1) Annual Assessments or charges; (2) Special Assessments for the purposes set forth in Section 4 of this Article, such Assessments to be fixed, established and collected from time to time as hereinafter provided. Each Lot shall be assessed equally by dividing the total assessment by the then number of Lots. The Annual and Special Assessments together with such interest thereon and costs of collection therefor as hereinafter provided, shall be a charge and continuing lien on the land and all the improvements thereon against which such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such Property at the time when the assessment fell due. In the case of co-ownership of a Lot, all of such co-Owners shall be jointly and severally liable for the entire amount of the assessment. The lien provided for herein shall be subordinate to the lien of any mortgage or deed to secure debt or financing statement hereafter placed upon the Properties subject to these covenants, provided, however, that such subordination shall apply only to the fees, dues or assessments, which have become due and payable prior to a sale or transfer of such Property pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such Property from liability for any fees, dues or assessments thereafter becoming due nor from the lien of any such fees, dues or assessments.

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the improvement, maintenance and operation of the Common Properties and roadways, including but not limited to, the payment of taxes and insurance thereon and repair, replacement and additions thereto, amortization of any mortgages thereon, and for the cost of labor, equipment, materials, management and supervision thereof. The Special Assessments shall be used for the purposes set forth in Section 4 of this Article.

Section 3. Basis and Maximum of Annual Assessments. For the year beginning January 1, 1973, the Annual Assessments shall not be more than five ($5.00) dollars per month per Lot unless a higher Annual Assessment is approved by a majority of the vote at the annual or-any special meeting. For the year beginning January 1, 1974, and thereafter, the Directors of the Association shall fix the annual assessment at such amount as they shall deem necessary, taking into consideration the current maintenance costs and the future needs of the Association.

Section 4. Special Assessments for Improvements and Additions. In addition to the Annual Assessments authorized by Section 3 hereof, the Association may levy Special Assessments, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of a described capital improvement upon the Common Properties, including the necessary fixtures and personal property related thereto, or additions to the Common Properties, provided that any such assessment shall have the assent of three-fourths (3/4) of the vote at a duly called meeting of Members, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting.

Section 5. Quorum for any Action Authorized. The presence at the meeting of Members, or of proxies, entitled to cast sixty (60%) per cent of the total vote of the membership shall constitute a quorum. If the required quorum is not forthcoming at a meeting, another meeting may be called subject to the notice requirement set forth in Section 4, and the required quorum shall be one-half (1/2) the required quorum at the previous meeting, provided that no such meeting shall be called more than sixty (60) days following such preceding meeting.

Section 6. Date of Commencement of Annual Assessments; Due Dates. The Annual Assessments provided for herein shall commence on the date (which shall be the first day of a month) fixed by the Board of Directors of the Association to be the date of commencement. The first Annual Assessment shall be made for the balance of the calendar year and shall become due and payable on the day fixed for commencement. The assessments for any year, after the firstyear, shall become due and payable the first day of January of said year. The amount of the Annual Assessment which may be levied for the balance remaining in the first year of assessment shall be an amount which bears the same relationship to the Annual Assessment provided for in Section 3 hereof, as the remaining number of months in that year bear to twelve. The same reduction in the amount of the assessment shall apply to the first assessment levied against any property which is hereafter added to the Properties now subject to assessment at a time other than the beginning of any assessment period. The due date of any Special Assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessment.

Section 7. Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each Lot for each assessment period and shall, at that time, prepare a roster of all Lots of the Property and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the assessment shall thereupon be sent to every Owner subject thereto. The Association shall upon demand at any time furnish to any Owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.

Section 8. Effect of Non-Payment of Assessment. The personal obligation of the Owner; The lien; Remedies of Association. If the assessments are not paid on the date when due (being the date specified in Section 6 hereof), then such assessments shall become delinquent and shall (together with interest thereon at the rate of eight (8%) per cent per annum from the date and cost of collection as hereinafter provided) become a charge and continuing lien on the land and all improvements thereon, against which each such assessment is made. If the assessment is not paid within thirty (30) days after the due date, the Association may bring an action at law against the Owner personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and a reasonable attorney's fee to be fixed by the court, together with the costs of the action.

Section 9. Exempt Property. Only land within the Property which has been subdivided into Lots and the plats thereof filed for public record in the office of the Clerk of Court of Beaufort County, South Carolina, shall constitute a Lot for purposes of these Assessments. The following property, individuals, partnerships or corporations, subject to this Declaration, shall therefore be exempted from the assessment, charge and lien created herein:

(a) The grantee in conveyances made for the purpose of granting utility easements;

(b) All properties to the extent of any easement therein other than a utility easement dedicated and accepted by the local public authority and devoted to public use which does not adversely affect the Owner's use of the Property;

(d) All Properties exempted from taxation by the laws of the State of South Carolina, upon the terms and to the extent of such legal exemptions.

ARTICLE VI

USE OF PROPERTY

Section 1. Land Use and Building Type. No Lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any Lot other than one (1) detached single family dwelling not to exceed two (2) stories in height and one (1) detached guest cottage not to exceed one (1) story in height. No business or profession of any kind shall be conducted from any residence within this subdivision.

Section 2. Architectural Control. No building, fence or other structure or improvement shall be erected, placed or altered on any Lot nor shall any clearing of trees or change of property grade be made until the construction plans and specifications and plan showing the nature, kind, shape, height, quality of workmanship, materials, location and grade of same shall have been submitted to and approved by the Architectural Control Committee.

Section 3. Size of Residence. Residences on Lots 7 through 18 shall have a ground floor area of not less than 2,000 square feet of enclosed dwelling space, and not less than 1,200 square feet on the ground floor of a one and one-half or two-story residence, exclusive of screened or unscreened porches, terraces, garages or carports. All other Lots shall have not less than 1,500 square feet of enclosed dwelling space on the ground floor of a one story residence and not less than 1,200 square feet on the ground floor of a one and one-half or two story residence. In addition, any Lot on which there is or will be erected a residence with the square footage required for Lots 7 through 18 may have a single detached guest cottage not exceeding one story in height or which is more than 1,000 square feet of enclosed dwelling space. The Architectural Control Committee in its sole and absolute discretion may waive the footage requirements for any plans if in its opinion the appearance and construction of such building will not detract from the Propertyas a whole.

NOTE: Section 1 was amended on 3 March, 2017. Section 1 was amended again along with sections 2 and 3 on 14 January, 2019. Section 1 was amended yet again on February 23, 2023 toread as follows:

Section 1. Land and Building Use.

(a) No Lot shall be used except for residential purposes. “Use, or used, for residential purposes” shall mean to be used as one’s residence and customary place of abode, and shall not include any use for business purposes. The use of a portion of a dwelling as an office shall be considered residential use if, and only if, such use does not:

1) Create customer and client traffic to and from the dwelling,

2) Create habitual or regular traffic to and from the dwelling of any employees or business associates of those in residence,

3) Create or necessitate habitual or regular storage, parking or use of vehicle, trailers, equipment, dumpsters or supplies related to any business activity, or

4) Display any sign, symbol, logo or nameplate identifying any business on or about the entrance to a dwelling.

(b) The practical test of compliance with this section shall be that any business related activities at any property or residence be confined to office work entirely within the dwelling and not be outwardly apparent in any respect.

(c) Without limiting the generality of the foregoing, no Lot shall be leased or rented on a short- term basis. “Short-term basis” shall mean for a period of less than one (1) year as established by written lease agreement. Further, any lease or rental must apply to the entire Lot rather than only a portion of a Lot (e.g., a guest house may not be rented while an owner occupies the main home).

Section 3. Building Type and Size of Residence.

All residences on Lots 1 through 30 to be newly constructed, or those replaced if torn down, shall adhere to the following restrictions:

(a) (1) Each lot may have one single-family main residence One single-family residence not to exceed two stories in height, with or without an attached garage. A two-story residence shall have a required minimum first floor of 2000 SF of enclosed dwelling space; a one and a half story residence shall have a minimum of 1,200 SF on the ground level. This square footage is exclusive of screened or unscreened porches, terraces, garages, carports, or other unheated space.

(b) Each lot may have, in addition to the main residence, one detached guest structure with the following restrictions:

(1) A separate guest cottage shall not exceed one story in height and shall have a maximum of 1,000 square feet of enclosed dwelling space, exclusive of screened or unscreened porches.

(2) Guest dwelling space may instead be included above a detached garage under the roof form, with or without dormers, as a one or one and a half story structure. A 2.0 story detached garage with guest space above is not permitted.

(3) Any submittals of additional guest dwelling space outside of the previous will not be permitted and only one of the two structures above is permitted.

(4) Guest cottages may not be constructed without a primary residence currently on site.

(c) Each lot may have, in addition to the main residence, one detached garage or workshop to be a stand-alone structure with no living space, not to exceed one story in height.

(d) The Architectural Control Committee in its sole and absolute discretion may waive the requirements above for any plans if in its opinion the appearance and construction of such building will not detract from the Property and Community as a whole.

(e) Any non-conforming dwellings existing as of the effective date of this amendment shall not be in violation of this Section 3 and such dwelling may be modified, altered, replaced or otherwise renovated provided that such modifications, alterations, replacements or renovations do not (i) make the dwelling further non-conforming or (ii) materially change the footprint of such non-conforming dwelling.

Section 4. Completion of construction. Any construction undertaken on any Lot shall be pursued with diligence toward the completion thereof and construction of any dwelling shall be completed within one year from commencement of construction, except that such period may be extended by reason of act of God, labor disputes or other matters beyond the Owner's control.

Section 5. Subdividing of Single Family Residential Lots. No Lot shall be subdivided except with the prior written approval of the Company or when the subdivided portions so created are added to adjoining Lots. ( NOTE: Amended on 24 July, 1973 to read as follows: Subdivision of Single Family Residential Lots: No Lot shall be subdivided except, with the prior written approval of the Company, where the subdivided portions so created are added to adjoining Lots.)

Section 6. Nuisances. No noxious or offensive activity shall be carried on upon any Lot or common area, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. The Company shall be the sole judge of what constitutes an annoyance or nuisance or noxious or offensive behavior. There shall not be erected, constructed, maintained, used, operated or permitted to remain on any of the Property any nuisance of any kind or character. What constitutes a nuisance shall be determined by the Company in its sole discretion.

Section 7. Navigational Impairment. No boat, yacht, house boat or watercraft of any kind shall be docked, moored or anchored in the May River in such a manner as to impede, restrict or endanger the free navigation and use of said river, and no dock, wharf, pier, groin, boathouse or other structure shall be constructed or located in such a manner as to impede, restrict or endanger the free navigation and use of said river

Section 8. No sign shall be erected, displayed or-otherwise exposed to view on the Property without the prior written consent of the Company; provided, however, that Owner may erect one family name sign not more than seventy-five (75) square inches and one sign not more than five (5) square feet advertising the property for sale or lease, and provided further that a builder or contractor may erect his company sign during the construction period. No such sign shall be illuminated. The Company reserves the right for itself, its successors and assigns, to enter upon any Lot or common area upon which an unauthorized sign is erected or displayed and to summarily remove and destroy such unauthorized sign.

Section 9. No tent, temporary shelter, mobile home, trailer, camper, barn or other structure or outbuilding shall be permitted on any Lot or any of the common areas, except duringconstruction, without the prior written consent of Company, and no such tent, temporary shelter, mobile home, trailer, camper, barn or other structure or outbuilding shall be used as a residence, either temporarily or permanently.

Section 10. No trash, rubbish, garbage, debris, weeds, undergrowth or other unsightly material shall be deposited or allowed to accumulate on the Property, in any watercourse or marsh area, or on the right-of-way of any road, except building materials during the course of construction on the site. It shall be the responsibility of each Owner to see that all trash and debris are removed promptly upon completion of construction, and Company reserves the right, upon the failure of the Owner to remove such -trash and debris, to enter upon the land, without such entry being deemed a trespass, and to do such things and perform such labor as is in the opinion of the Company necessary or desirable to maintain the property neatly and in good order. The Cost of such cleaning will be charged to the Owner, but this reservation shall not constitute an obligation on the part of the Company to perform any of the acts or labor mentioned in this paragraph.

Section 11. No livestock, live fowl, other animals or reptiles, except domesticated dogs, cats and caged birds, shall be kept upon any Lot without written consent of the Company, nor shall any occupant of any Lot permit such livestock, fowl, other animals or reptiles to constitute a nuisance to other occupants or Owners of Lots. No dogs or cats may be kept on said Lots and bred and maintained for any commercial purpose, nor shall they be bred for noncommercial purposes so as to become a nuisance. The Company shall be the sole judge of whether such breeding constitutes a nuisance.

Section 12. No living tree having a diameter ten (10) inches or greater, breast high, shall be cut on any of the Lots without the prior consent in writing of the Architectural Control Committee.

NOTE: The section 12 was amended on 14 January, 2019 to read as follows:

Section 12. No tree, living or dead, 10” in diameter or greater at breast height (DBH) shall be removed without prior written consent of the Architectural Control Committee. In addition noLive Oak (Quercus virginiana) 6” in diameter or greater DBH shall be removed without prior written consent.

Section 13. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, minerals, excavations or shafts be per-mitted upon any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.

Section 14. Artesian Wells and Sewage Disposal Systems. No artesian well may be drilled on any Lot or common area without the written consent of the Company. In the event that permission is granted, all tanks and pumps must be appropriately screened from adjoining roads, rivers, marshes and common areas. No individual sewage disposal system shall be permitted on any Lot unless such system is designed, located and constructed in accordance with the requirements, standards and-recommendations of Beaufort County Department of Public Health. Approval of such system shall be obtained from such authority by the Owner prior to construction.

Section 15. Service Court. A service court, or drying yard area, hidden from view from the river, marshes, from any adjacent road, and from adjoining Lots, must be included in the architectural or landscape plans, and constructed so as to provide space for garbage and trash cans, wood piles, clothes drying area and other similar usages. All garbage or trash cans and incinerators shall be kept in a clean and sanitary condition.

Section 16. Marshes, Watercourses and Drainage. No Property Owner shall effect any action to change the level or course, or fill, of any marsh area, lagoon, watercourse, swale, or drainage ditch without the written consent of the Company. Unless otherwise agreed with the Company in writing, the Owner of each Lot abutting on any lagoon or pond or through which passes a watercourse, drainage ditch, or swale shall keep the portion of such lagoon, pond, watercourse; drainage ditch or swale lying within or contiguous to his Lot in clean and orderly condition and shall maintain the proper depth and grade of the ditches and swales. The Company reserves the right to enter onto such Lot and perform work deemed necessary by it and charge such cost against the Owner of said Lot. This reservation shall not constitute an obligation on the part of the Company to perform any of the acts mentioned above.

ARTICLE VII

Section 1. Approval of Architectural, Lot Use and Landscape Plans. No building, dock facility, fence, wall, swimming pool, screening device, or other structure of any kind shall be commenced, erected or maintained, nor shall any addition to, or exterior change or alteration thereto be made, until the plans and specifications showing the nature, kind, shape, height, materials, floor plans exterior color scheme, location and approximate square footage, the elevations above high-water and the marsh, and materials to be used in the construction of any dock, wharf or pier, the location of any septic tank and the grading of the Lot or area to be built upon shall have been submitted to, and approved in writing by the Architectural Control Committee, its successors and designated assigns. The Committee shall have the right to refuse to approve any such plans and specifications which are not suitable or desirable in its sole opinion for any reason, including purely aesthetic reasons. In so passing upon such plans and specifications, it shall have the right to take into consideration the suitability of the proposed improvement, and the materials of which it is to be built, to the said plot upon which it is proposed to erect the same, the harmony thereof with the surroundings, and the effect of the improvements as planned on the outlook from the adjacent or neighboring property. All fences, walls, barbecue pits, other approved structures, including all mail boxes, shall be constructed-in general conformity with the general architecture of the residence and of materials which shall conform to the materials used in such residence. Such building plans and specifications shall consist of not less than the following: Foundations plan, section details, floor plans of all floors, elevation drawings of all exterior walls, roof plans, and plot plan showing location and orientation of building and other facilities on the Lot or area with all setbacks indicated. Such plans and specifications shall show, also, the location of all trees having a diameter of ten (10) inches or more, breast high, and shall indicate driveway, service court, parking and all such additional facilities. No building may be constructed on any Lot without the full and active supervision of an architect or building contractor. Each Lot must be appropriately landscaped. A landscape development plan shall be submitted and approved by the Committee in writing before any landscaping is actually executed.

Section 2. Architectural Control Committee.

(a) Membership: The Architectural Control Committee is composed of JOSEPH H. HARRISON, JR., JIMMY R. DENNEY , REMER Y . LANE, JR., and ARTHUR W. SOLOMON, whose addresses are 550 York Street, Savannah, Georgia. In the event of the death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Neither the member of the Committee, nor its designated representative, shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record Owners of three-fourths (3/4) of the Lots' shall have the power through a duly recorded written instrument to change the membership of the Committee or to withdraw from the Committee or restore to it any of its powers or duties

(b) Procedure: The Committee's approval or disapproval as required in these covenants shall be in writing. In the event the Committee or its designated representative fails to approve or disapprove within thirty (30) days after the plans and specifications have been submitted to it, approval will not be required and the related covenants shall be deemed to have been fully complied with.

(NOTE: Article VII Section 2 was amended on 18 March, 1987 and again on 10 January, 2018 to read as follows:)

Section 2. Architectural Control Committee.

(a) Membership: The Architectural Control Committee shall be composed of five (5) members selected by the Board of Directors of May River Plantation Owners' Association, Inc. Four members of this Committee shall be record owners of property in the Plantation, and the fifth member may be an architect or a person with expertise in architecture or home construction, and this member need not be a record owner of property in the plantation. The term of any committee member shall be from date of appointment for a period of two (2) years. Any vacancy occurring on the Committee shall be filled immediately by appointment by the Board of Directors. No member of the Committee shall be entitled to any compensation for services performed pursuant to this covenant. At any time the then record owners of three-fourths (3/4) of the Lots shall have the power through a duly recorded instrument to change the membership of the Committee or to withdraw from the Committee or restore to it any of its powers or duties.

(b) Procedure: The Committee's approval or disapproval as required in these covenants shall be in writing and shall be furnished to the applicant within thirty (30) days, from the date the plans or application are receive by the Committee. The Committee shall make such other administrative rules and regulations as it deems necessary and proper from time to time; provided, however, that prior to the implementation of any such administrative rules and regulations the Committee shall submit same in writing to the Board of Directors with a copy to each property owner, and that the Board of Directors must approve or disapprove suchbadministrative rules and regulations within thirty (30) days of receipt of such proposedbadministrative rules and regulations from the Committee. Any member of May RiverPlantation Owners’ Association, Inc. may attend and meeting of the Architectural ControlCommittee.

(c) Compliance Deposits. The Company has the authority to collect and holdbcompliance deposits that will be non-binding with regard to time constraints for completion ofbwork. The values and types of such shall be according to a schedule recommended by the ACC under the supervision of the Company. Such deposits, to be held in a separate escrow account that will not accrue interest, will be refunded in whole when construction is complete and the ACC has verified that all work is true to the approved plans. Any deficient or unapproved work shall be corrected before deposits are refunded, or the forfeiture of the deposit will be used in legal or corrective actions.

ARTICLE VIII

The following rights are reserved by the Company to itself its successors and assigns:

(a) Company, its successors and assigns, reserve a perpetual easement in, on, over and under all streets, lanes and drainage and utility easements in, on, over and under a strip of land five (5) feet in width (unless otherwise indicated on the subdivision plat) along the side, front and rear property lines of each Lot and area along all right-of-ways and the entrance road or street to the subdivision, with the full right of entry by them or their licensee for the purpose of establishing, constructing and maintaining any utility, with the right to erect and maintain poles, conduits and wires for telephones, electric power and other purposes and to lay, install, and maintain facilities for sewage, water, gas, storm drain gage and other utilities therein. (Where these covenants do not conform-to-the plat recorded, the plat shall be controlling.) This reservation shall not be construed as an obligation of the Company to provide and maintain any such activity or service. It shall be the responsibility of each Lot Owner owning property abutting a drainage ditch to keep the same clean and free from obstruction. The Company, its successors and assigns, reserve the right to enter upon the Lots at all times for any such purposes, and the right to cut down any trees or bushes that interfere or threaten interference with any sun use or right. An easement is reserved for surface drainage in and along all right-of-ways and the entrance road or street.

NOTE; This was amended on 24 July, 1973 to provide as follows:

(a) Company, its successors and assigns, reserve a perpetual easement in, on, over and under all streets, and lanes, and drainage and utility easements in, on, over and under a strip of land fifteen (15) feet in width along the side, front and rear property lines of each Lot and the common area, and area along all right-of-ways and the entrance road or street to the subdivision, with the full right of entry by them or their licensees for the purpose of establishing, constructing and maintaining any utility, with the right to erect and maintain poles, conduits and wires for telephones, electric power and other purposes and to lay, install, and maintain facilities for sewage, water, gas, storm drainage and other utilities therein. This reservation shall not be construed as an obligation of the Company to provide and maintain any such activity or service. It shall be the responsibility of each Lot Owner owning property abutting a drainage ditch to keep the same clean and free from obstruction. The Company, its successors and assigns, reserve the right to enter upon the Lots at all times and for any such purposes, and the right to cut down any trees or bushes that interfere or threaten interference with any such use or right. An easement is reserved for surface drainage in and along all right-of-ways and the entrance road or street.

(b) Prior to the commencement of construction upon any Lot, Company, its successors, assigns and licensees shall have the right to enter upon any Lot for the purpose-of removingoffensive underbrush or for pest control purposes. No such entry shall be deemed a trespass.

(c) Company, its successors, assigns, employees and licensees shall have the unobstructed use at all times of all streets roadways, easement areas and common areas.

(d) Company, its successors and assigns, reserve the right to amend, add to, or delete these conditions, restrictions and limitations and any others which may be later established, and which. shall be-incorporated by law or by reference in deeds or contract for deeds for any and all Lots in May River Plantation, provided always that the amendments to such restrictions, conditions and limitations shall be in conformity with the general purpose of the restrictions, conditions and limitations herein contained, but shall not necessarily be consistent therewith.

ARTICLE IX

GENERAL PROVISIONS

Section 1. Duration and Amendments. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, the Company or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of twenty (20) years from the date of this Declaration, after which time said covenants shall be automatically extended for successive period of ten (10) years unless three-fourths (3/4) of the vote at a duly called meeting of the Association approves the change. Provided, however, that no such amendment shall be effective unless made and recorded sixty (60) days in advance of the effective date of such change, and unless written notice of the proposed amendment is sent to every Owner of a Lot and to the Company at least, thirty (30) days in advance of the action taken.

Section 2. Notices. 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 mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. Notice to one of two 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.

Section 3. Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate or circumvent any covenant or restriction, either to restrain violation or to recover damage and against the land to enforce any lien created by these covenants; and failure by the Association or any Owner or the Company to enforce any covenant or restriction herein contained for any period of time shall in no event be deemed a waiver or estoppel of the right to enforce same thereafter.

Section 4. Severability. These covenants and restrictions are hereby declared to be severable, and should any covenant or restriction herein contained, or any Article, Section, Sub-section, sentence, clause, phrase or term of this Declaration be declared to be void, invalid, illegal or unenforceable for any reason, by the adjudication of any court or other tribunal having jurisdiction over the parties hereto and the subject matter hereof the remainder shall continue in full force and effect.

IN WITNESS-WHEREOF, the Company has caused this instrument to be executed, the day and year first above written, by its President and attested by its Secretary, and the corporate seal affixed, pursuant to a resolution duly and unanimously adopted by its Board of Directors.

STATE OF SOUTH CAROLINA

COUNTY OF BEAUFORT

PERSONALLY appeared before me ________________, who, on oath, says that she saw the within named MAYRIVER PLANTATION OWNERS’ ASSOCIATION, INC. by Joe H. Harrison, Jr., its President sign the within Declaration and Jimmy R. Denny, its Secretary, attest the same, and the said Corporation, by said officers, seal said Declaration, and, as its act and deed, deliver the same, and that he with ____________ witnessed the execution thereof.

The foregoing Declaration of Covenants and Restrictions is hereby approved and accepted as binding upon May River Plantation Owners' Association; Inc., its successors and assigns. IN WITNESS WHEREOF, May River Plantation Owners' Association, Inc. has caused this instrument to be executed this 24th day of May, 1973, by its President and attested by its Secretary and its corporate seal to be hereby affixed.

STATE OF SOUTH CAROLINA

COUNTY OF BEAUFORT

[1st] AMENDMENT TO DECLARATION

OF RIGHTS, COVENANTS AND RESTRICTIONS

32APPLICABLE TO

MAY RIVER PLANTATION, PHASES I AND II

WHEREAS, May River Plantation, Inc., a South Carolina corporation (hereinafter sometimes called "Company") executed and filed for record its Declaration of Rights, Covenants and Restrictions applicable to certain lands in May River Plantation, Phases I and II, which Declaration is dated May 16, 1973, and recorded in the office of the Clerk of Court of Beaufort County in Deed Book 210, page 61; and

WHEREAS, by Article VIII, paragraph (d) of said Declaration, the Company reserved the right to amend, add to or delete these conditions, restrictions and limitations provided that the amendments shall be in conformity with the general purpose of these restrictions, conditions and limitations;

NOW, THEREPORE, the Company hereby declares the following additions and amendments to its Declaration dated May 16, 1973, and recorded in the office of the Clerk of Court of Beaufort County in Deed Book 210, page 61:

1 Article V is hereby amended by adding the following paragraph as Section 10: "In addition to the foregoing general and special assessments, in order to provide for and maintain a community water system, the Owner (other than the Company) of each Lot shall pay to South Atlantic Utilities, Inc., its successors or assigns, a minimum water fee of Eight ($8.00) Dollars per month. The obligation for said water charge shall run with and bind the land and shall constitute a lien upon the Lot and all improvements thereon, as provided in Article V , Section 1 of the Declaration, and may be enforced by an action at law against the Owner personally obligated to pay the same or to foreclose the lien against the property."

2 Article VI, Section 5 is hereby amended to read as follows: "Subdivision of Single Family Residential Lots: No Lot shall be subdivided except, with the prior written approval of the Company, where the subdivided portions so created are added to adjoining Lots."

3 Article VIII, paragraph (a) is hereby amended to provide as follows: "Company, its successors and assigns, reserve a perpetual easement in, on, over and under all streets, and lanes, and drainage and utility easements in, on, over and under a strip of land fifteen (15) feet in width along the side, front and rear property lines of each Lot and the common area, and area along all right-of-ways and the entrance road or street to the subdivision, with the full right of entry by them or their licensees for the purpose of establishing, constructing and maintaining any utility, with the right to erect and maintain poles, conduits and wires for telephones, electric power and other purposes and to lay, install, and maintain facilities for sewage, water, gas, storm drainage and other utilities therein. This reservation shall not be construed as an obligation of the Company to provide and maintain any such activity or service. It shall be the responsibility of each Lot Owner owning property abutting a drainage ditch to keep the same clean and free from obstruction. The Company, its successors and assigns, reserve the right to enter upon the Lots at all times and for any such purposes, and the right to cut down any trees or bushes that interfere or threaten interference with any such use or right. An easement is reserved for surface drainage in and along all right-of-ways and the entrance road or street."

Except as hereinabove modified, the Declaration dated May 16, 1973, shall remain in full force and effect. IN WITNESS WHEREOF, May River Plantation, Inc. has caused these presents to be executed in its name, by its President and attested and its seal affixed by its Secretary this 24th day of July, 1973.

STATE OF SOUTH CAROLINA ) RIGHTS, [2nd] AMENDMENT TO DECLARATION OF ) COVENANTS AND RESTRICTIONS

APPLICABLE COUNTY OF BEAUFORT ) TO MAY RIVER PLANTATION,

PHASES I & II

WHEREAS, May River Plantation, Inc., a South Carolina Corporation, executed and filed for record its Declaration of Rights, Covenants and Restrictions applicable to certain-lands in May River Plantation, Phases I and II, which Declaration of Rights, Covenants and Restrictions and Provisions for May River Plantation Owners' Association, Inc., is dated May 16, 1973 and recorded in the Office of the Clerk of Court for Beaufort County, South Carolina, in Deed Book 210 at Page 61; and,

WHEREAS, by Article VIII, Paragraph (d) of said Declaration, May River Plantation, Inc. reserved the right to amend, add to or delete the conditions, restrictions and limitations provided that the amendment shall be in conformity with the general purpose of the Restrictions, Conditions and Limitations; and,

WHEREAS, May River Plantation, Inc. did, on or about the 27th day of July, 1973, file and record a First Amendment of Rights, Covenants and Restrictions in the Office of the Clerk of Court for Beaufort County, South Carolina, in Deed Book 212 at Page 413; and,

WHEREAS, the Company did, subsequent thereto, assign to the May River Plantation Owners' Association, Inc. all of its rights, duties and obligations under the Declaration of Rights, Covenants and Restrictions Applicable to Phases I and II, May River Plantation, Beaufort County, South Carolina, by a document recorded in the Office of the Clerk of Court for Beaufort County, South Carolina, in Deed Book 354 at Page 1955, and being dated the 29th day of September, 1982; and,

WHEREAS, Article VII, Section 2(a), provides in part that the Architectural Control Committee may be changed by the then record owners of three-fourths (3/4) of the lots to change the membership of the Committee or to withdraw from the Committee or restore to it any of its powers or duties; and,

WHEREAS, Article VIII, Section (d), reserves to the Company, its successors and assigns, the right to amend, add to or delete the conditions, restrictions and limitations and any others which may be established, provided always that the amendments to such restrictions, conditions and limitations shall be in conformity with the general purpose and restrictions, conditions and limitations contained in said Declaration of Rights, Covenants and Restrictions; and,

WHEREAS, it is the desire of the Property Owners within Phases I and II, May River Plantation, to adjust and alter the Restrictive Covenants, Rights and Declarations of said properties as it pertains to the Architectural Control Committee and the use of said property. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that we, the property owners of May River Plantation, the May River Plantation Owners Association, Inc. and at least three-fourths (3/4) of the recorded lot owners in Phases I and II, May River Plantation, Beaufort County, South Carolina, do hereby declare our intent, and in fact do hereby amend the Declaration of Rights, Covenants and Restrictions Applicable to Phases I and II, May River Plantation, Beaufort County, South Carolina, and all Amendments thereto as follows.

ARTICLE VII

Article VII Section 2. is amended so that after amendment it would read as follows:

Section 2. Architectural Control Committee.

(b) Procedure: The Committee's approval or disapproval as required in these covenants shall be in writing and shall be furnished to the applicant within thirty (30) days, from the date the plans or application are receive by the Committee. The Committee shall make such other administrative rules and regulations as it deems necessary and proper from time to time; provided, however, that prior to the implementation of any such administrative rules and regulations the Committee shall submit same in writing to the Board of Directors with a copy to each property owner, and that the Board of Directors must approve or disapprove such administrative rules and regulations within thirty (30) days of receipt of such proposed administrative rules and regulations from the Committee. Any member of May River Plantation Owners’ Association, Inc. may attend and meeting of the Architectural Control Committee.

IN WITNESS WHEREOF, the President of said Association has hereunto set his hand and theSecretary of said Association certifies the ratification of same by this affixation of the seal of said Association and the presence of more than three-fourths (3/4) of the individual property owners this 18th day of MARCH. 1987

STATE OF SOUTH CAROLINA

COUNTY OF BEAUFORT

PERSONALLY APPEARED before me _WILLIAM F. MARSCHER who, on oath, says that he/she saw the within named MAY RIVER PLANTATION, INC., by THOMAS L. BROOKS, its President and JAY MUNDKENK, its Secretary sign the within Amendment, as its act and deed, deliver the same, and that he/she with CYNTHIA L. BURTON witnessed the execution thereof.

___________________________________

William F. Marscher

Sworn to before me this 18th Day of March, 1987.

_____________________________ (SEAL)

Notary Public for South Carolina

My Commission Expires: 11-10-96

‍ ‍

WHEREAS, May River Plantation, Inc., a South Carolina Corporation, executed and filed for record its Declaration of Rights, Covenants and Restrictions applicable to certain-lands in May River Plantation, Phases I and 11, which Declaration of Rights, Covenants and Restrictions and Provisions for May River Plantation Owners' Association, Inc., is dated May 16, I 973 and recorded in the Office of the Clerk of Court for Beaufort County, South Carolina, in Deed Book 210 at Page 61; and,

WHEREAS, May River Plantation, Inc did, on or about the 27th day of July, 1973, file and record a First Amendment of Rights, Covenants and Restrictions in the Office of the Clerk of Court for Beaufort County, South Carolina, in Deed Book 212 at Page 413; and,

WHEREAS, the Company did, on or about the 18th day of March, 1987, file and record a Second Amendment of Rights, Covenants and Restrictions in the Office of the Clerk of Court for Beaufort County, South Carolina, in Deed Book 475 at Page 1080; and,

WHEREAS, it is the desire of the Property Owners within Phases I and II, May River Plantation, to adjust and alter the Restrictive Covenants, Rights and Declarations of said Properties as it pertains to the Architectural Control Committee and the use of said property

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that we, the property owners of May River Plantation, the May River Plantation Owners Association, Inc. and at least three-fourths (3/4) of the recorded lot owners in Phases I and II, May River Plantation, Beaufort County, South Carolina, do hereby declare our intent, and in fact do hereby amend the Declaration of Rights, Covenants and Restrictions Applicable to Phases I and II, May River Plantation, Beaufort County, South Carolina, and all Amendments thereto as follows.

ARTICLE VI

Article VI Section 1 is amended so that after amendment it would read as follows:

Section 1. Land Use and Building Type.

(a) No Lot shall be used except for residential purposes. "Use, or used, for residential purposes" shall mean to be used as one's residence and customary place of abode, and shall not include any use for business purposes. The use of a portion of a dwelling as an office shall be considered residential use if, and only if, such use does not:

1) create customer and client traffic to and from the dwelling,

2) create habitual or regular traffic to and from the dwelling of any employees or business associates of those in residence,

3) create or necessitate habitual or regular storage, parking or use of vehicle, trailers, equipment, dumpsters or supplies related to any business activity, or

4) display any sign, symbol. logo or nameplate identifying any business on or about the entrance to a dwelling.

(c) Building Type. No dwelling shall be erected, altered, or placed on any lot other than (1) detached single-family home not to exceed two (2) stories in height and one (1) detached guest cottage not to exceed one (1) story in height and provided such guest cottage is not used as a separate rental property. Notwithstanding the foregoing, any non-conforming dwellings existing as of the effective date of this amendment shall not be in violation of this Section 1 and such dwelling may be modified, altered or otherwise renovated provided that such modifications, alterations or renovations do not (i) make the dwelling further non-conforming or {ii) materially change the footprint of such non-conforming dwelling. Except as hereinabove modified, the Declaration dated May 16, 1973, shall remain in full force and effect. IN WITNESS WHEREOF, May River Plantation, Inc. has caused these presents to be executed in its name, by its President and attested and its seal affixed by its Secretary this 3rd day of March, 2017.

IN WITNESS WHEREOF, the undersigned have executed this Amendment to Declaration of Rights, Covenants and Restrictions Applicable to May River Plantation, Phases I & II effective as of the date first written above.

WITNESS: MAY RIVER PLANTATION, INC.

By: Diane Mikkelson

Its President

STATE OF South Carolina ACKNOWLEDGMENT

)

COUNTY OF Beaufort )

The foregoing instrument was acknowledged before me this 3rd day of March, 2017 by May River Plantation, Inc. by Diane Mikkelson.

Commission Expires: 9/15/26

STATE OF SOUTH CAROLINA ) [4th] AMENDMENT TO DECLARATION OF RIGHTS,

) COVENANTS AND RESTRICTIONS APPLICABLE

COUNTY OF BEAUFORT ) TO MAY RIVER PLANTATION, PHASES I & II

WHEREAS, the Company did, on or about the 3rd day of March, 2016, file and record a Third Amendment of Rights, Covenants and Restrictions in the Office of the Clerk of Court for Beaufort County, South Carolina, in Deed Book 3556 at Pages 1747-1749; and, WHEREAS, Article VIII, Section (d), reserves to the Company, its successors and assigns, the right to amend, add to or delete the conditions, restrictions and limitations and any others which may be established, provided always that the amendments to such restrictions, conditions and limitations shall be in conformity with the general purpose and restrictions, conditions and limitations contained in said Declaration of Rights, Covenants and Restrictions; and,

WHEREAS, it is the desire of the Property Owners within Phases I and II, May River Plantation, to adjust and alter the Restrictive Covenants, Rights and Declarations of said properties as it pertains to the Architectural Control Committee as well as the election and terms of office for the Board of Directors of the Company.

ARTICLE VII

Section 2. Architectural Control Committee.

(c) Compliance Deposits. The Company has the authority to collect and hold compliance deposits that will be non-binding with regard to time constraints for completion of work. The values and types of such shall be according to a schedule recommended by the ACC under the supervision of the Company. Such deposits, to be held in a separate escrow account that will not accrue interest, will be refunded in whole when construction is complete and the ACC has verified that all work is true to the approved plans. Any deficient or unapproved work shall be corrected before deposits are refunded, or the forfeiture of the deposit will be used in legal or corrective actions.”

ARTICLE VII

Board of Directors.

Section 1. Numbers of Directors. The number of directors constituting the Board of Directors shall be fixed from time to time by the Board of Directors, but shall be no less than three (3) and no more than five (5).

Section 2. Term of Service; Term Limit. Subject to Section 4 of this Article VII, a director shall be elected for a three-year term of office commencing on the first Monday in December and ending three years thereafter. Each director shall be eligible to serve as a director for up to two (2) consecutive full three- (3-) year terms of office. Thereafter such director must cease to serve for at least one year before being eligible for election to the Board of Directors.

Section 3. Staggered Board. Members of the Board of Directors shall serve for staggered terms of office. The Board of Directors shall be divided into three classes with staggered terms, with each class as nearly equal in number as possible. When the number of directors is changed, any increase or decrease in the number of directors shall be apportioned among the classes so as to make all classes as nearly equal as possible, and accordingly the term of any new directorship may, if necessary, be shorter than three years.

Section 4. Vacancies. A vacancy occurring on the Board of Directors, including any vacancy occurring due to the creation of a new directorship, may be filled by a vote of a majority of the number of directors then in office even though less than a quorum or by the sole remaining director. The person elected to fill such a vacancy shall serve the unexpired term of the vacant position and shall be eligible to serve thereafter for one (1) additional consecutive three- (3-) year terms of office.

ARTICLE VIII

Election of Directors.

Section 1. Election of the Board of Directors shall be by written ballot as hereinafter provided. Beginning with the annual meeting to be held on the first Monday in December, 2017,

STATE OF SOUTH CAROLINA

COUNTY OF BEAUFORT

)BEAUFORT COUNTY SC - ROD BK 3556 Pgs 1747-1749
)FILE NUM 201701095
)03/03/2017 04:20 28 PM RCPT# 841630
) RECORDING FEES 10.00

3rd AMENDMENT TO DECLARATION OF RIGHTS,
COVENANTS AND RESTRICTIONS
APPLICABLE TO MAY RIVER PLANTATION
PHASES I & II

BEAUFORT COUNTY SC - ROD
BK 3635 Pgs 2907 - 2909
FILE NUM 2018001335
1/10/2018 11:35:47 AM
RCPT# 876605
RECORDING FEES 10.00