Note: Your specific neighborhood may have a different set of covenants. Please if you are unsure which covenants you need. Below are two of the most popular sets of covenants: the 1974 for single family dwellings, and the 1971 for multi family dwellings.

 

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1974 SINGLE FAMILY COVENANTS

STATE OF SOUTH CAROLINA

COUNTY OF BEAUFORT

WHEREAS, FRIPP ISLAND DEVELOPMENT CORPORATION, a corporation organized and existing under the laws of the State of South Carolina, hereinafter called "Company", is the owner of certain lands located on Fripp Island in Beaufort County, South Carolina; said lands purchased by the Company from Fripp Island Resort, Inc. et al, and

WHEREAS, Fripp Island Resort, Inc. et al had previously recorded certain Covenants applicable to single-family detached dwelling areas dated and recorded as follows:

1. September 13, 1961, and recorded in Deed Book 108 at page 138;
2. July 17, 1962, and recorded in Deed Book 112 at page 196;
3. April 16, 1963, and recorded in Deed Book 116 at page 150;
4. August 25, 1965, and recorded in Deed Book 135 at page 173; and

WHEREAS, these aforesaid Covenants and Restrictions provided that there may be included in any Contract or Deed hereafter made, modifications and/or additions to the Restrictive Covenants as contained in the various Declarations hereinabove listed, with such modified Covenants being made applicable by reference to conveyances of land made subsequent to such modification; and

WHEREAS, FRIPP ISLAND DEVELOPMENT CORPORATION, in accordance with a resolution of Its Board of Directors, adopted at a meeting on April 29, 1974, wherein the president and Secretary of FRIPP ISLAND DEVELOPMENT CORPORATION were authorized to make this additional Declaration and to execute the same on behalf of the Company and now wishes to add certain additional Covenants to the aforesaid Covenants dated and recorded as hereinabove specified.

NOW, THEREFORE, FRIPP ISLAND DEVELOPMENT CORPORATION does hereby declare that this consolidation and additional filing of Limited Area Application shall be Convenants running with the land and shall apply to lands conveyed in the future on Fripp Island by deeds hereafter made which make reference to this consolidated Declaration of Covenants. The Company reserves in each instance the rights to add or to limit therein application of the covenants contained herein.

The Covenants and Restrictions below will be recorded in the office of the Clerk of Court for Beaufort County, South Carolina, and will be incorporated by reference in deeds as to certain residential properties conveyed by FRIPP ISLAND DEVELOPMENT CORPORATION by reference to the book and page of recording in the records of the office of the Clerk of Court for Beaufort County, South Carolina.

DEFINITIONS

Whenever used herein, the term "Company" shall refer to FRIPP ISLAND DEVELOPMENT CORPORATION, Its successors and assigns.

Whenever used herein, the term "lot" or residential lot" shall mean a parcel of subdivided and platted land on Fripp Island intended for single family residential use and which has been subjected to the provisions of these restrictions and covenants by reference in deeds to properties issued by the Company.

The Covenants and Restrictions below will be referred to as Covenants of May 1, 1974, for Single Family Detached Dwelling Areas and will be recorded in the office of the Clerk of Court for Beaufort County, South Carolina, and may be made applicable by reference in deeds issued by the Company by reference to the book and page of recording in the records in the office of the Clerk of Court for Beaufort County, South Carolina.

 

The primary purpose of these covenants and restrictions and the foremost consideration in the origin of same has been the creation of a residential and resort community which is aesthetically pleasing and functionally convenient. The establishment of objective standards relating to design, size, and location of dwellings and other structures makes it impossible to take full advantage of the individual characteristics of each lot. For this reason such standards are not established hereby.

1.  No building, fence, or other structure shall be erected, placed, or altered on any lot in such residential area until the proposed building plans, specifications, exterior color or finish, plat plan (showing the proposed location of such building or structure, drives, and parking areas), and construction schedule shall have been approved in writing by FRIPP ISLAND DEVELOPMENT CORPORATION, Its successors or assigns. Refusal of approval of plans, location or specifications may be based by the Company upon any ground, including purely aesthetic conditions, which in the sole and uncontrolled discretion of the Company shall seem sufficient. No alteration in the exterior appearance of any building or structure shall be made without like approval by the Company. One (1) copy of all plans and related data shall be furnished the company for Its records. In the event approval of such plans is neither granted nor denied within thirty (30) days following receipt by the Company of written demand for approval, the provisions of this paragraph shall be thereby waived.

2.  No plans will be approved unless the proposed dwelling has a minimum required square footage of enclosed dwelling area. Such minimum requirements shall be determined by the Company as a factor in plan approval, and the Company shall either approve or disapprove the square footage requirements submitted as a part of its overall approval of the plans submitted.
    The term "enclosed dwelling area" as used in the determination of size requirement shall mean the total enclosed area within a dwelling, provided, however, that such term does not include garages, terraces, decks, open porches, and the like; provided further that shed-type porches, even though attached to a house, specifically excluded from the definition of the aforesaid term "enclosed dwelling area", the term does include, however, screen porches, if the roof for such porches forms an integral part of the roof line of the main dwelling or if they are on the ground floor of a two-story structure.

3.  In order to protect the natural beauty of the vegetation and topography of the shoreline, marsh and lagoon edges located throughout Fripp Island, written approval of the Company is hereby required for the removal, reduction, cutting down, excavation, or alteration of topographic and vegetation characteristics. Written approval will be granted for the minimum amount of earth movement required in plans and specifications approved pursuant to the provisions of Paragraph 1 of the PART I.

4.  Since the establishment of standard inflexible building setback lines for location of houses on lots tend to force construction of houses both directly behind and directly to the side of other homes with detrimental effects on privacy, view of the Ocean, Inlet and other waterways, preservation of important trees etc., no specific set back lines are established by these covenants (with exception of patio Lots). In order to assure, however, that location of houses will be staggered where practical and appropriate so that the maximum amount of view and breeze will be available to each house; that the structures will be located with regard to the ecological constraints and topography of each individual lot, taking into consideration the elevations of each lot, the location of large trees and similar considerations, the Company reserves unto Itself, Its Successors and assigns, the right control absolutely and solely to decide the precise site and location of any house or dwelling or other structure upon all lots and every lot within the Single Family Detached Dwelling Areas, provided, however, that such location shall be determined only after reasonable opportunity is afforded the lot owner to recommend a specific site, and provided further, that in the event an agreed location is stipulated in writing in the contract of purchase, the Company shall approve automatically such location for a residence.

5.  The exterior of all houses and other structures must be completed within one (1) year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to strikes, fires, national emergency, or natural calamities. Houses and other dwellings structures may not be temporarily or permanently occupied until the exterior thereof has been completed.

6.  All lots in said residential areas shall be used for residential purposes exclusively. No structure, except as hereinafter provided shall be erected, altered, placed, or permitted to remain on any lot other than one (1) detached single family dwelling and one (1) small one-story accessory building which may include a detached private garage and/or servants quarters, provided that the use of such dwelling or accessory building does not overcrowd the site and provided further, that such building is not used for any activity normally conducted as a business. Such accessory building may not be constructed prior to the construction of the main building.

7.  A guest suite or like facility may be included as part of the main dwelling or accessory building, but such suite may not be rented or leased except as part of the entire premises including the main dwelling, and provided, however, that such guest suite will not result in over-crowding the site.

8.  It shall be the responsibility of each lot owner to prevent the development of any unclean, unsightly, or unkempt conditions of buildings or grounds on such lot which shall tend to substantially decrease the beauty of the neighborhood as a whole or the specific area.

9.  No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to the neighborhood. There shall not be maintained any plants or animals, or device or thing of any sort whose normal activities or existence is any way noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of other property in the neighborhood by the owners thereof. The prohibition of noxious or offensive activity shall include, but is not limited to:

1. The keeping of personal pets and animals on the premises wherein and whereby such failure to properly control them constitutes a nuisance to other property owners on FRIPP Island.
2. The open burning of trash, leaves, or debris by the lot owner.
3. The discharge of firearms of any type or other explosive devises, including fireworks.
4. Allowing outdoor camping or other similar use of said lot.

10.  In order to implement effective insect, weed, and fire controls, the Company and Its agents have the right to enter upon any residential lot on which a residence has not been constructed and upon which no landscaping plan has been implemented (with prior written approval of the Company for such plan), such as entry to be made by personnel with tractors or other suitable equipment, for the purpose of mowing, removing, clearing, cutting, or pruning underbrush, weeds, or other unsightly growth, which in the opinion of the Company detracts from the overall beauty, setting, and safety for Fripp Island. The cost of this vegetation control shall be paid by the owner of the lot at a cost not to exceed Fifty and No/100 ($50.00) Dollars per year. In the event that the Company deems it necessary to invoke Its rights under this paragraph, then, in that event such entrance for the purpose of mowing, cutting, or cleaning or pruning shall not be deemed a trespass. It is further agreed that the Company has the right to increase its annual charge in the event that It elects to do so, by the percentage of increase in the consumer price index for the year, or at the option of the Company may be increased each year up to 5% of the maximum authorized payment of the previous year. The provisions in this paragraph shall not be construed as an obligation on the part of the Company to mow, clear, cut or prune any lot nor to provide garbage or trash removal services. The Company and Its agent may likewise enter upon such land to remove any trash which has collected on such lot without such entrance and removal being deemed a trespass. The provisions in this paragraph shall not be construed as an obligation on the part of the Company to mow, clear, cut, or prune any lot nor to provide garbage or trash removal services; and the Company may likewise enter upon said lot at the expense of the owner for garbage or trash removal, provided, however, such expense for the removal of trash or garbage may not exceed the sum of Twenty and No/100 ($20.00) Dollars annually. Such entrance and removal shall not be deemed trespass.

11.  In the event the owner desires to sell a residential site within Fripp Island together with its improvements, if any, then said property shall be offered for sale to the Company at the same price at which the highest bona fide offer has been made for the property, and the said Company shall have fifteen (15) days from the latter of: a) the date of such offer, or b) the date upon which all assessments owed to the Company by the owners are paid; and should the Company fail or refuse, within fifteen (15) days after receipt of written notice of the price and terms, to exercise Its option to purchase said property at the offered price, then the owner of said property shall have the right to sell said property subject, however, to all covenants and limitations herein obtained, at a price not lower than that at which it was offered to the Company.
     Should, however, such sale not be consummated within three (3) months of the date of the offer transmitted to the Company, the terms and limitations of this paragraph shall again be imposed upon any sale by the owner.
     If the Company shall elect to purchase such property, the transaction shall be consummated within thirty (30) days following delivery of notice by Company to the owner of Its decision to purchase.
    The provisions of this paragraph shall not apply to sales under the powers contained in Mortgages and similar security instruments.

12.  No commercial sign, including "for rent" or "for sale" directional or other similar signs, shall be erected or maintained on any lot by anyone including but not limited to the owner, a realtor, a contractor or subcontractor, except with the written permission of the Company or except as may be required by legal proceedings, it being understood that the Company will not grant permission for said signs unless their erection is reasonably necessary to avert serious hardship to the property owner; nor shall mailboxes be erected or maintained other than those of the size, color, and type approved by the Company. If such permission is granted, the Company reserves the right to restrict size, color, and content of such signs. property identification and like signs exceeding a combined total of more than two (2) square feet may not be erected without the written permission of the Company. In the event that the Company elects to provide mailboxes of a standard size, color, and design for the use of Fripp Island lot owners, then in that event, the cost of said mailboxes can be charged to said individual lot owners upon delivery.

13.  Each lot owner shall provide space for parking two (2) automobiles off the street prior to the occupancy of any dwelling constructed on said lot in accordance with reasonable standards established by the Company.

14.  Prior to the occupancy of a residence on any lot, proper and suitable provisions shall be made for the disposal of sewage by connection with the sewer mains of the Company, or the Fripp Island public Service District, Its licensee, successors, or assigns, or if no such main has been constructed in the vicinity of such lot, then such disposal shall be made by means of a septic tank or tanks constructed on such lot for the disposal of all sewage and all sewage shall be emptied or discharged into such main tanks. All residences having a septic tank as a result of the unavailability of sewage lines shall discontinue the use of the septic tank not later than twelve (12) months after sewage lines are made available. No sewage or other waste material shall be emptied or discharged into the ocean, any creek, marsh, river, sound, any waterway or beach or shorelines thereof. No sewage disposal system shall be permitted on any lot nor may any sewage disposal system used unless such system is designed, located, constructed, and maintained in accordance with the requirements, standards, and recommendations of the appropriate public health authority. Approval of such system shall be obtained from such authority prior to the use of the system.

15.  The company reserves unto Itself, Its successors and assigns, a perpetual, alienable and releasable easement and right on, over, and under the ground to erect, maintain, and use poles wires, cables, conduits, sewers, water mains, and other suitable equipment for the conveyance and use of electricity, C.A.T.V., security cable equipment, telephone equipment, gas, sewer, water or other private or public convenience or utilities on, in or over ten (10") feet of the rear or street side of each lot, and ten (10") feet along one side of each lot, and such other areas as are shown on the applicable plats; provided further, that the Company may put, at Its own expense, drainways for surface water wherever and whenever such action may appear to the Company to be necessary in order to maintain reasonable standards of health, safety, and appearance. These easements and rights expressly include the right to cut any trees, bushes, or shrubbery, make any gradings of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety, and appearance. The provisions of this paragraph are not to be construed as an obligation of the Company.

16.  In addition, the Company reserves unto Itself, Its successors and assigns, a perpetual, alienable, and releasable easement and right on and over and under the properties to dispense pesticides and take other action which in the opinion of the Company is necessary or desirable to control insects and vermin, to cut fire breaks and other activities which in the opinion of the Company are necessary or desirable to control fires on the properties, or any improvements thereon.

17.  The Company further reserves the right to locate wells, pumping stations, and tanks within any portion of the properties; provided, however, that should the owner of any portion of the properties upon which such pumping station, well, or tank shall be located is other than the Company, and the applicable recorded plat of such Owner's property does not designate such property for use as aforesaid, then such pumping station, tank, or well shall not be located upon such Owner's property without the permission of such Owner. Such rights may be exercised by any licensee of the Company, but this reservation shall not be considered an obligation of the Company to provide or maintain any such utility or service.

18.  No television antenna, radio receiver, sender, or other similar device shall be attached to or installed on the exterior portion of any family dwelling unit or on any residential lot or common property within the properties; provided, however, that the provisions of this paragraph shall not apply to the Company or Its licensee for the installation of equipment necessary for a master antenna system, C.A.T.V., and mobile radio systems or other similar systems within the properties.

19.  No structure of a temporary character shall be placed upon any lot at any time, provided, however, that this prohibition shall not apply to shelters or temporary structures used by the contractor during the construction of the main dwelling house, it being clearly understood that the latter temporary shelter may not, at any time, be used as residences or permitted to remain on the lot after completion of construction. The design and color of structures temporarily placed on a lot by a contractor shall be subject to reasonable aesthetic control by the Company.

20.  No trailer, camper, recreational vehicle, utility trailer, tent, barn, treehouse, or other similar outbuilding or structure shall be placed on any lot at any time, either temporarily or permanently. The Company may provide an area for the storage of all trailers and other recreational vehicles for a reasonable user fee, but this provision is not to be construed as an obligation of the Company to provide such storage area.

21.  Each lot owner shall provide a screened area to serve as a service yard and an area for the storage of garbage receptacles and fuel tanks or similar storage receptacles. plans for such fence delineating the size, design, texture, appearance, and location must be approved by the Company prior to construction.

22.  No private water wells may be drilled or maintained on any residential lot so long as the Company, or Fripp Island public Service District, Its licensee, agents, successors or assigns, plans a water distribution line within One Hundred (100') feet of such lot with an average daily water pressure in such line adequate for normal household use in dwellings served by such distribution line.

23.  The trees measuring two (2) inches or more in diameter at a point two (2') feet above ground level may be removed without the written approval of the Company, unless located within ten (10') feet of the main dwelling or accessory building or within ten (10') feet of the approved site for such building. The Company reserves to Itself, Its Successors and assigns, the right and privilege to classify and designate any lot or lots as ecologically sensitive; and, in the discretion of the Company, to regulate or prohibit the removal of any trees of any size and description located on any lot or lots so designated and classified.

24.  No lot shall be subdivided, or its boundary lines changed except with the written consent of the Company. However, the Company hereby expressly reserves to Itself, Its Successors or assigns the right to replat any lot or lots shown on the plat of any said subdivision in order to create a modified building lot or lots; and to take such other steps as are reasonably necessary to make such replatted lot suitable and fit as a building site to include, but not be limited to, the relocation of easements, walkways, rights of way, roads, bridges, parks, recreational facilities, and other amenities to conform to the new boundaries of said replatted lots, provided that no lot originally shown on a recorded plat is reduced to a size more than ten (10%) percent smaller than the smallest lot shown on the first plat of the subdivision section recorded in the public records.

25.  The Company expressly reserves to Itself, Its agents or assigns, any other provisions in this Declaration notwithstanding the right to build bridges, walkways, or fixed spans across any or all natural or man-made canals, creeks, or lagoons on Fripp Island. Nothing in this paragraph shall be construed as placing an affirmative obligation on the Company to construct or maintain any bridge, walkway or fixed span.

26.  In order to provide a permanent fund to maintain, landscape, and repair private streets (except those located on a privately owned lot), walkways, and like community areas in a clean and orderly fashion, provide for pest control when needed, and, in general, provide those services important to the development and preservation of an attractive community appearance, and, further maintain the privacy and general safety of all residential lots, each owner of a residential lot area shall pay annually to the FRIPP ISLAND DEVELOPMENT CORPORATION, Its successors or assigns, the sum of Fifty and no/100 ($50.00) Dollars per building site, said sum to be placed in an account and to be used exclusively for the purposes hereinabove noted. For the purpose of this paragraph, the "building site" means the lot or portion of any lot intended for the construction of a single dwelling unit. From and after November 1, 1974, this annual payment may be increased each year by the percentage of the increase in the Consumer price Index for the previous year, or, at the option of the Company, may be increased each year up to five (5%) per cent of the maximum authorized payment for the previous year. The Company assumes the above obligation only to the extent such maintenance and services can be provided with the proceeds of such payment.
     Failure to pay the annual assessments when due as provided in this paragraph or in paragraph 10 above shall constitute a lien on the lot subject to this assessment and shall vest the Company with the right to file a notice of Its lien upon the property owner in the office of the Clerk of Court for Beaufort County; and such lien shall be enforceable by the Company, Its Successors or assigns in law or equity by judicial sale or other appropriate legal remedy. The Company further reserves the authority to withhold or restrict the rights, privileges, or benefits of the delinquent property owner to utilize the Fripp Island Bridge or other Corporate property now or hereafter available to Fripp Island property owners insofar as it has the legal right to do so.

27.  The Company reserves unto itself the authority to prescribe rules and regulations covering traffic safety and convenience on Fripp Island and to limit or prohibit vehicular traffic of any type and description in any areas designated under rules and regulations promulgated by the Company.

 

1.  In order to preserve the natural appearance and scenic beauty of Fripp Island and to provide a "cover" for animals which habitually move along the marsh edges, there is hereby established a construction and clearing restricted zone on all lots fronting on marshlands. That portion of any marshland lot located within thirty (30â) feet of the mean high water mark shall be preserved substantially in its present natural state except for moderate clearing for view and breeze. Construction of improvements and major clearing of trees and underbrush is hereby restricted. For the purpose of this paragraph "marshland lot" is defined as any lot fronting on the salt marshland located between the highlands of Fripp Island and the waters surrounding it, one of the four sides of which is within twenty (20â) feet of the mean high tide line. Notwithstanding the foregoing, the Company hereby reserves the right to exempt lots or portions of lots from said construction and clearing restrictions in those cases where it, in its uncontrolled discretion, determines that such exemption will not materially lessen the natural appearance and scenic beauty of Fripp Island or is necessary to protect the shoreline from erosion.

2.  The provisions of paragraph 1 of this PART II shall not prohibit the construction of docks and decks over the marsh in compliance wit paragraph 3 of this PART II.

3.  Owners of lots fronting on the navigable water may erect docks (and boathouses where appropriate and in the discretion of the Company) upon the property located between the outer bounds of their lots and contiguous to same and the low water mark upon complying with the following terms and conditions:

1. Complete plans and specifications including site, color, or finish must be submitted to the Company in writing;
2. Written approval of the Company to such plans and specifications must be secured, the Company reserving the rights in Its uncontrolled discretion to disapprove such plans and specifications on any grounds, including purely aesthetic reasons;
3.  Written approval of any local, state or federal governmental departments or agencies which have jurisdiction over construction in or near salt marshlands must be secured. 

Any alterations of the plans and specifications or if the completed structure must also be submitted to the Company in writing and the Company's approval in writing must be similarly secured prior to construction, the Company reserving the same rights to disapprove alterations as it retains for disapproving the original structures.

4.  All lot owners who construct or cause to be constructed said docks and/or boat houses, must maintain said structures in good repair and keep the same safe, clean, and orderly appearance at all times, and further agree to paint or otherwise treat with preservatives all wood or metal located above the high water mark, exclusive of pilings and to maintain such paint or preservatives in an attractive manner. The Company shall be the judge as to whether the docks and/or boathouses are clean, orderly in appearance, and properly painted or preserved in accordance with reasonable standards, and where the Company notifies the particular lot owner in writing that said dock and/or boathouses fail to meet acceptable standards, said lot owner shall thereupon remedy such conditions within thirty (30) days to the satisfaction of the Company, and that failing to so remedy such conditions, the lot owners hereby covenant and agree that the Company may make the necessary repairs; but It is not obligated to make such repairs or take such actions as will bring the said deck and/or boathouse up to acceptable standards, all such repairs and actions to be at the expense solely of the lot owner in question.

5.  Whenever the Company is permitted by these covenants to correct, repair, clean, preserve, clear out, or do any action on the property of any lot owner, or on the easement areas adjacent hereto entering the property and taking such action shall not be deemed a trespass. 

 

1.  Residential lots shown on recorded plats and on which a patio wall is designated are referred to herein as "patio Home Sites". Dwelling units constructed on patio Home Sites must be constructed so as to utilize a patio Wall as designated on the recorded subdivision plat. Said patio Wall shall be constructed simultaneously with a patio Home and shall be located so that the exterior of the same shall be located two (2') feet inside of and parallel to the designated lot line on the recorded subdivision plat.

2.  The dwelling unit shall utilize a portion of the patio Wall as one of its exterior walls (unless an alternative location of the dwelling is approved pursuant to the provisions of paragraph 3 of this PART III) and shall be constructed so that neither the patio Wall nor the dwelling unit provides any window or view openings looking into or over-viewing the adjacent lot and provides no access way or entry way into said adjacent lot.

3.  Should an owner of a patio Lot desire to locate his patio Home on a portion of the lot other than contiguous to the patio Wall, he may apply to the Company for approval of the alternative location. A site plan showing the proposed alternative location shall accompany such application. The Company's approval of the alternative location shall not relieve the owner's responsibility to construct a patio wall as required by paragraph 1 of this PART III. Approval or disapproval of an application for alternative location of a patio Home may be based by the Company on purely esthetic considerations.

4.  The first floor enclosed area of a patio Home may not be constructed so as to cover or occupy in excess of forty (40%) per cent of the entire area of the patio Lot.

5.  The cost of construction, maintenance, and repair of a patio Wall shall be the sole responsibility of the lot owner on whose lot the same is situated.

6.  There shall be reserved a two (2') foot easement on each lot between the exterior of the patio Wall and/or dwelling unit and the parallel lot boundary line for the use and enjoyment of the adjacent lot owner, only as hereinafter provided. Said two (2') foot easement area and the exterior of the patio Wall and/or dwelling unit may be used by an adjacent lot owner only for the plating and care of shrubbery and other landscaping, providing the same does not interfere with the structural integrity of the patio Wall and/or dwelling unit.

7.  Said patio Home shall be constructed with gutters to insure that no excessive rainwater is discharged upon the adjoining lot.

8.  An eight (8') foot easement is further reserved along the boundary line of each lot, opposite the boundary line along which the patio Wall is to be constructed, for the construction, maintenance, and repair of the patio Wall and/or dwelling unit on the adjoining lot. The use of said easement area by an adjoining lot owner shall not exceed a reasonable period of time during construction nor shall it exceed a period of thirty (30) days each year for essential maintenance. Any shrubbery or planting in the eight (8') foot easement area that is removed or damaged by the adjoining lot owner during the construction, maintenance or repair of his patio Wall and/or dwelling unit, shall be repaired or replaced at the expense of the said adjoining lot owner causing such damages.

9.  Notwithstanding the foregoing, owners of two (2) contiguous patio Home Sites may apply to the Company for approval to construct and maintain a party wall along their common boundary line, provided that:

1. Such party wall shall constitute an integral part of each owner's patio Home;
2. The Company's approval of the construction of a party wall will not relieve an owner's responsibility to construct a patio wall which is designated to be located two (2') feet from a boundary line other than that over which the party wall is to be constructed;
3. provisions of this paragraph 9 which are in conflict or inconsistent with provisions of the preceding eight paragraphs shall control.

 

1.  It is the intent of the FRIPP ISLAND DEVELOPMENT CORPORATION to protect and enhance certain areas which the Company designates as "Open Space Areas" or "private Open Space Areas" on plats hereafter filed for record in the office of the Clerk of Court for Beaufort County, South Carolina, by the Company. It is the further intent and purpose of these restrictions and covenants to protect, the salt marshes and bluffs, to maintain and enhance the conservation of natural and scenic resources, to promote the conservation of soils, wet lands, bluffs, tidal marshlands, wildlife, game, and migratory birds, enhance the value of abutting and neighboring residential areas adjacent to such forests, wildlife preserves, natural reservations, or sanctuaries or other open areas and open spaces, and to afford and enhance recreation opportunities, preserve historical sites, and implement generally the FRIPP ISLAND DEVELOPMENT CORPORATION Master plan for development.

2.  To insure that land designated as Open Space Area will remain as undeveloped natural woodland, shoreline, or tidal marshlands, an Open Space Easement is hereby granted to the owners of dwellings on Fri[[ Island, their guests and tenants. The Open Space Easement granted hereby shall entitle such owners, their guests and tenants, to enjoy the Open Space Areas subject to the rules and regulations now or hereafter promulgated by the Company.

3.  Land designated as "private Open Space Areas" shall be subject to the easement granted in paragraph 2 of this PART IV in every respect except that the enjoyment thereof shall and is hereby limited to owners (their guests and tenants) of property immediately contiguous and adjacent to such land. The "private Open Space Easement" hereby granted shall not extend to any area not shown on the plat referenced in the owners deed, nor to areas on such plat not clearly designated as "private Open Space Areas".

4.  It is expressly understood and agreed that no building, tent, trailer, camper, recreational vehicle, or other structure, either temporary or permanent, except as noted elsewhere herein, shall be erected or caused to be placed on any lands shown and set aside on a recorded subdivision plat as Open Space Area.

5.  pursuant to its overall program of wildlife conservation and nature study, the right is expressly reserved to the Company to erect wildlife feeding stations, to plant small patches of cover and food crops for quail, turkeys, and other wildlife, to make access trails or paths or boardwalks through said Open space Areas and private Open Space Areas for the purpose of permitting observation and study of wildlife, hiking, and riding, to erect small signs throughout the Open Space Areas and private Open Space Areas designating points of particular interest and attraction, and to take such other steps as are reasonable, necessary, and proper to further the aims and purposes of the Open Space and community use and enjoyment thereof.

6.  The Company shall have the right to protect from erosion the land described as Open Space Area or private Open Space Area by planting trees, plants, and shrubs where and to the extent necessary or by such mechanical means as bulkheading or other means deemed expedient or necessary by the Company. The right is likewise reserved to the Company to take necessary steps to provide and insure adequate drainage ways, canals or lagoons in Open Space, to cut fire breaks, remove diseased, dead, or dangerous trees and carry out other similar activities.

7.  The Company reserves unto Itself, Its successors and assigns, the right to go on, over, and under the ground to erect, maintain, and use poles, wire, cables, conduits, sewers, water mains, and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other pubic conveniences or utilities in said Open Space Areas and private Open Space Areas. These reservations and rights expressly include the right to cut any trees, bushes, or shrubbery, rights to make any gradings of the soil, or take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety, and appearance. The Company further reserves the right to locate wells, pumping stations and tanks within such Open Space Areas and private Open Space Areas. Such rights may be exercised by a licensee of the Company, but this reservation shall not be considered an obligation of the Company to provide or maintain any such utility or service.

8.  No dumping of trash, garbage, sewage, sawdust, or any unsightly or offensive material shall be placed upon such Open Space Areas or private Open Space Areas, except as is temporary and incidental to the bona fide improvement of the area, in a manner consistent with its classification as Open Space.

9.  The granting of this easement does in no way grant to the pubic or to the owners of any surrounding or adjacent land, the right to enter such Open Space without the express permission of the Company.

10.  The Company expressly reserves to Itself, Its successors and assigns, every reasonable use and enjoyment of said Open Space, in a manner not inconsistent with the provisions of this Declaration.

11.  Where the Company is permitted by these covenants to correct, repair, clean, preserve, clear out, or do any action on the restricted property, entering the property and taking such action shall not be deemed a breach of these covenants.

12.  It is expressly understood and agreed that the granting of this easement does in no way place a burden of affirmative action on the Company, that the Company is not bound to make any of the improvements noted herein, or extend to any lot owner any service of any kind. 

 

1.  All covenants, restrictions, and affirmative obligations set forth in this Declaration shall run with the land and shall be binding on all parties and persons claiming under them to specifically include, but not limited to, the successors and assigns, if any, of the FRIPP ISLAND DEVELOPMENT CORPORATION for a period of twenty-five (25) years from the execution date of this Declaration except the special restrictions and covenants affecting Open Space Areas, and they shall differ in no particular save they shall run for a period of fifty (50) years from the date the relevant and applicable plat is recorded on the Real Estate Records of Beaufort County, South Carolina, after which time all said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of lots substantially affected by such change in covenants, has been recorded, agreeing to change said covenants in whole or in part. Unless the contrary shall be determined by a court of equity jurisdiction, "substantially affected" shall mean those lots shown on a) the plat showing the lots to be modified in permitted use by change, and b) the plats which subdivided the property immediately abutting the plat described in a).

2.  In the event of a violation or breach of any of the restrictions contained herein by any lot owner, or agent of such owner, the owners of lots in the neighborhood or subdivision, or any of them, jointly or severally, shall have the right to proceed at law or in equity to compel a compliance to the terms hereof or to prevent the violation of breach in any event. In addition to the foregoing, the Company shall have the right to proceed at law or in equity to compel a compliance to the terms hereof or to prevent the violation or breach in any event. In addition to the foregoing, the Company shall have the right, whenever there shall have been built on any lot in the subdivision any structure which is in violation of these restrictions, to enter upon such property where such violation exists and summarily abate or remove the same at the expense of the owner, if after thirty (30) days written notice of such violation it shall not have been corrected by the owner. Any person entitled to file a legal action for the violation of these covenants shall be entitled to recover reasonable attorneys fees as a part of such action. Any such entry and abatement or removal shall not be deemed a trespass. The failure to enforce any rights, reservations, restrictions, or conditions contained in this Declaration, however long continued, shall not be deemed as a waiver of this right to do so hereafter as to the same breach, or as to a breach occurring prior to subsequent thereto and shall not bar or affect its enforcement. The invalidation by any court of any restrictions of these covenants shall in no way affect any of the other restrictions, but they shall remain in full force and effect.

3.  The Company reserves in each instance the right to add additional restrictive covenants in respect to lands conveyed in the future in Fripp Island, or to limit therein the application of these covenants, provided that no limitations shall be made applicable to a portion of the lots in a platted subdivision, with any limitations to this Declaration of Covenants to be applicable to a portion of the lots in a platted subdivision, with any limitations to this Declaration of Covenants to be applicable only as to subdivisions in which no parcels have been previously conveyed subject to this prior Declaration of Covenants.

4.  The Company reserves the right to assign all rights, privileges, or benefits reserved in these covenants.

5.  Each Owner of a lot agrees that should he desire to sell his lot on Fripp Island, the Company shall have the exclusive right and authority to sell it for him at the price stipulated by the Owner. Said exclusive right shall expire ninety (90) days following the Company's receipt of written notice of the Owner's desire to sell. Upon the sale of said property, in any manner, by anyone including the Owner thereof, during the period covered hereby, the Company shall be entitled to a fee of not more than eight (8%) per cent if a dwelling has been constructed on the lot and not more than twelve (12%) per cent if the lot has not been so improved; and, if, during the term of this agency the Company finds a purchaser ready, willing, and able to buy, and who actually offers in writing to buy, on the terms set forth therein and subject only to the approval of the title by the purchaser's attorney, the Company shall be entitled to such fee even though for any reason, not the fault of the Agent, the sale should not be consummated. The Company shall likewise be entitled to such commission, if, within one hundred eighty (180) days after the termination of this agreement a sale should be made of such property owner to any purchaser whose name was submitted in writing by the Company to the Owner as a prospect during the ninety (90) day period first described in this paragraph.

 

STATE OF SOUTH CAROLINA     )                DECLARATION OF RIGHTS, RESTRICTIONS,
                                                )                  CONDITIONS, ETC., WHICH CONSTITUTE
                                                )               COVENANTS RUNNING WITH CERTAIN LANDS
COUNTY OF BEAUFORT             )                           OF FRIPP ISLAND RESORT, INC.

 

WHEREAS, Fripp Island Resort, Incorporated, a CORPORATION organized and existing under the laws of the State of South Carolina, the owner and holder of a certain tract of land located in Beaufort County, State of South Carolina, known as Fripp Island, has heretofore recorded certain Restrictive Covenants covering said tract of land, and

WHEREAS, said Declaration of Restrictive Covenants previously filed provided that Fripp Island Resort, Incorporated, may impose additional restrictive covenants upon said property provided that the same are not inconsistent with and do not lower the standards of restrictions therein provided, and

WHEREAS, the said Fripp Island Resort, Incorporated wishes to record Covenants, Restrictions and Obligations applicable to certain MultiFamily Residential Areas, and to file this Declaration with certain lots and tracts of land being conveyed subject to these conditions and restrictions herein set forth by reference hereto in the Deeds of Conveyance, now, therefore,

KNOW ALL MEN BY THESE PRESENTS, that Fripp Island Resort, Incorporated does hereby declare that the provisions herein contained are rights, restrictions, conditions, etc., all constituting covenants running with certain lands now held by said Company and running with all lands which may be acquired by said Company to which said lands these covenants may be made applicable by reference in a Deed or in a written instrument duly filed in the office of the Clerk of Court for Beaufort County, South Carolina.

1. The term "lot" when used in these covenants shall include that parcel of land upon which any Villa, Condominium, Townhouse, or other residence unit, or group of such units is to be situate, or is to be situated. The term "lotowner" when used herein, shall refer to the original owner, builder, and developer, as well as any subsequent owner of a parcel of land upon which a Villa, Condominium, Townhouse, or other residence unit, or group of such units, is situate, or is to be situated.
   

2. No structure of any nature, including but not limited to, bathhouses, fences or cabanas, shall be erected, altered or placed on any multifamily lot until the building plans, including exterior designs, specifications, and plans showing the location of such structure of the lot, have been approved in writing by Fripp Island Resort, Incorporated, its Successors or Assigns; provided that said corporation, request for approval within forty five (45) days from the date of receipt of said request, and should the request be disapproved, the reason or reasons for such disapproval must be stated in full. However, refusal to approve said plans, location or specifications by Fripp Island Resort, Incorporated, may be based on any grounds, including purely aesthetic grounds, which in the sole and uncontradicted discretion of Fripp Island Resort, Incorporated, shall seem sufficient. All lots or tracts of land that are made subject to these covenants by reference in individual deeds shall be used for residential purposes exclusively. No structure or structures shall be erected, altered, placed or permitted to remain on any lot or subdivision of lots, except as provided for in these covenants and restrictions, or except, as is provided for in each Deed of Conveyance, and the said Deed shall, in the discretion of the Company, expressly determine and limit the number of Villas, Townhouses, Condominiums, or other residence units, or group of such units, to a given tract, area, or lot of land, to include height of any and all such structures, and maximum occupancy of all individual units as well as total maximum occupancy or density of all units combined within a given subdivision or complex.

No noxious or offensive activity shall be carried on upon any lot or tract of land, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to the neighborhood. There shall not be maintained any plants, animals, device, or thing of any sort, whose normal activities or existence is in any wise noxious, dangerous, unsightly, unpleasant, or of a nature that will necessarily diminish or destroy the enjoyment of other property in the neighborhood by the owners thereof.

No structure of a temporary character, trailer, tent, shack, garage, or other outbuilding, shall be used on any lot at any time as a residence, either temporarily or permanently.

No lot shall be subdivided or its boundary lines changed except with the consent of Fripp Island Resort, Incorporated.

Fripp Island Resort, Incorporated hereby reserves unto itself, its successors and assigns, a perpetual alienable and releasable easement and right on, over, or under the ground to direct, maintain and use electric and telephone poles, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephones, gas, sewage, water, or other public conveniences, or utilities on, in, or over the rear ten (10) feet of each lot and five (5) feet along the side of each lot, together with the right of ingress and egress for the installation, repair and maintenance of said utilities and public conveniences.

It shall be the responsibility of each lot owner to prevent the development of any unclean, unsightly or unkept conditions of buildings or grounds on such lot, which shall as a whole or the specific area. In the event any owner desires to sell the property located on Fripp Island, with its improvements, if any, then said property shall be offered for sale to the Company at the same price at which the property is about to be sold, and the Company shall have thirty (30) days within which to exercise its option to purchase said property, and should the Company fail or refuse (within the said 30 days after receipt of a sworn notice setting forth the price and time at which the said property is to be sold) to exercise its option to purchase said property at the price, and under the terms, at which it is about to be sold, then the owner of said property, shall have the right to sell said property, subject to all the covenants and limitations herein contained.

No commercial signs (including for rent, for sale or other similar signs) shall be erected or maintained on any lot except with the written permission of the Company. No private water wells may be drilled or maintained on any residential lots, so long as Fripp Island public Service District Commission, its successors and Assigns, maintains a water distribution line within 100 feet of such lot with an average daily water pressure, and such adequate for normal household use of dwelling served by such distribution. No septic tanks shall be permitted on any lot in those area where sewage lines are maintained within 50 feet of said lot, but in those areas where there are now sewage lines available, all sewage disposal shall be by means of a septic tank approved by the South Carolina State Board of Health, or other proper health authorities. All residences having a septic tank as a result of the unavailability of sewage lines shall discontinue the use of the septic take not later than twelve (12) months after sewage lines are made available. Under no circumstances will sewage be emptied or discharged into the ocean, on the beach, or on the shoreline.

No fuel tanks or similar storage receptacles may be exposed to view.

For each dwelling unit constructed on a lot, there must be similarly constructed, a screening fence, to shield and hide from view, a small service yard, the plans of which must be approved by the Company prior to construction.

No large trees (diameter 6 inches and larger) may be removed without the written approval of the Company unless located within ten (10) feet of the approved site for building.

Owners of ocean front lots may not erect any solid fence, wall or other structure, which might interfere with any view easement.

In order to provide a permanent fund to maintain, landscape and repair private streets, walkways, and maintain the beachfront in a clean and orderly condition; provide for insect and pest control, and, in general, provide those services important to the development and preservation of an attractive overall community appearance, and secure the privacy and general safety of the residential communities, each owner of a lot shall pay annually to Fripp Island Resort, Incorporated, the sum of $50.00 for street repairs, landscaping and beautification; said sum to be due and payable on November first of each year and which shall be deemed delinquent if not paid by December 30 of each year. All sums, when paid, will be placed in Escrow Account for use exclusively for the purposes herein above stated.

Fripp Island Resort, Incorporated covenants and agrees that it will hold in trust all lands (if any) located below the front property lines of any oceanfront lot and the high water mark of the Atlantic Ocean in front of such lot for the use and benefit of residents of the beach residential area of Fripp Island, and that it will not sell or otherwise dispose of such land, nor will said CORPORATION permit the use thereof for the erection of any structure whatsoever.

In the event of a violation or breach of any of these restrictions by any property owner, or agent of such owner, Fripp Island Resort, Incorporated, its Successors or Assigns, the owners of lots in the neighborhood, or S/D, or any of them jointly or severally, shall have the right to proceed at law or in equity to compel a compliance to the terms hereof or to prevent the violation or breach in any event. In addition to the foregoing, Fripp Island Resort, Incorporated, its Successors or Assigns, shall have the right, when there shall have been built on any lot in the Subdivision, any structure which is in violation of these restrictions, to enter upon the property where such violations exist, and summarily abate or remove the same at the expense of the owner, if after 30 days written notice of such violation it shall not have been corrected by the owner. Any such entry and abatement or removal shall not be deemed a trespass. The failure to enforce any right, reservation, restriction, or condition contained in this deed, however long continued, shall not be deemed a waiver of the right to do so hereafter, as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. The invalidation by any Court of any restrictions in this deed contained shall in no way affect any of the other restrictions, but they shall remain in full force and effect.

Fripp Island Resort, Incorporated may include in any contract or deed hereafter, additional covenants and lower the standards of the covenants and restrictions set forth herein.

The covenants and restrictions hereinabove expressed or any covenants and restrictions hereinafter promulgated in accordance with paragraph 16 shall be for the specific benefit of Fripp Island Resort, Incorporated, which reserves the right to change same at its discretion.

All covenants, restrictions and affirmative obligations set forth in this Declaration shall run with the land and shall be binding on all parties and persons claiming under them for a period of twenty-five (25) years from the date hereof, after which time the covenants contained herein shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then-owners of lots substantially affected by such changes in covenants has been recorded agreeing to change said covenants in whole or in PART.