STATE OF SOUTH CAROLINA
COUNTY OF CHESTER
DECLARATION OF COVENANTS AND RESTRICTIONS
FOR HUNTINGTON OAKS SUBDIVISION
WITHNESSETH
WHEREAS, HOMESTEAD LAND & TIMBER COMPANY, herein called the "Declarant", is the fee
simple _owner of certain real property located in Chester County, South Carolina, and desires to
establish on a portion thereof a community consisting of residential dwellings to be known as
HUNTINGTON OAKS, and further desires that said property be used, developed, maintained and
managed for the benefit and welfare of owners of property in Huntington Oaks Subdivision.
NOW, THEREFORE, in consideration of the premises: the Declarant hereby declares that all of
the property described on the map of Huntington Oaks recorded in Map Plat Book C slide65. Page
__7__ Chester County Public Registry- and that property that hereafter may be made subject to this
Declaration of Covenants and Restrictions (hereinafter called the 'Restrictions") is and shall be held,
transferred, sold, conveyed, occupied and used subject to the restrictions and matters hereinafter set
forth, said Restrictions and matters to be construed as covenants running with the land which shall be
binding on all parties having or acquiring any right, title or interest in the described property, or any part
thereof, and which shall inure to the benefit of each owner thereof, for and during the time hereinafter
specified.
RESTRICTIONS AND REQUIREMENTS
1. Except as specifically permitted in paragraph 7 below, and in this paragraph, no tract shall occupied
or used for residential purposes. As long as an inhabited residential dwelling exists on the tract,
customary home occupations shall be permitted within the dwelling, or within an ancillary structure
located behind the dwelling, provided that (a) no chemical, mechanical or electrical equipment that is
not normally a part of household equipment may be used for commercial purposes, (b) machinery that
causes noises or interference with radio or television reception is prohibited. (c) only residents of the
dwelling may be engaged in the home occupation, (d) no sale of products is permitted, (e) instruction of
students is limited to two students at a time, (f) only passenger vehicles are permitted in connection
with the conduct of the home occupation and (g) no signs identifying the home occupation are
permitted anywhere on the tract.
2. Each permanent residential unit shall contain a minimum of 1,500 square feet of main floor enclosed
living area, exclusive of patios, porches, garages and basements. A two-story dwelling shall contain a
minimum of 1000 square feet of enclosed living area on the first (main entry level) floor. Once
construction of a residence has commenced, the exterior thereof, including finished siding material shall
be completed within six (6) months thereafter.
3. No residential dwelling improvements shall be constructed nearer than twenty-five (25) feet to any
side property line nor any nearer than seventy-five (75) feet to the front or rear property line. Barns and
outbuildings cannot be constructed closer than seventy-five (75) feet from any proper line.
4. All plumbing futures, dishwashers, toilets or sewage disposal systems shall be connected to a septic
tank sewage system constructed by the tract owner and approved by the appropriate governmental
authority unless public sewage becomes available in the subdivision_
5. No modular home, mobile home, house trailer or the basement of a contemplated permanent
dwelling shall be occupied as a residence, either on a permanent or temporary basis.
The terms "modular home" and "mobile home" are defined as follows:
Modular Home_ A dwelling unit constructed in accordance with the standards set forth in The
South Carolina State Building Code for 1 and 2 family dwellings and composed of components
substantially assembled in a manufacturing plant and transported to the building site for final
assembly, whether on its own chassis or otherwise
Mobile Home. A dwelling Unit that (1) is not constructed in accordance with the standards set
forth in The South Carolina Stare Building Code, and (ii) is composed of one or more
components, each of which was substantially assembled in a manufacturing plant and designed
to be transported to the home site on its own chassis.
6. Exterior construction material for all buildings, whether residential auxiliary, shall be properly painted,
stained or veneered with wood, brick, stone or other similar facing material. No structure shall have an
exterior covering consisting of tar paper, plywood, rolled brick siding or other similar facing material.
7. No animals or livestock of any description, except the usual household pets, horses, and goats are
permitted on any tract, subject to the following. Horses are restricted to one horse for every two (2)
acres of pasture land. Goats shall be restricted to one (1) for each five (5) acres of land. All livestock shall
be secured in fenced or penned areas.
8. No inoperable, stripped, partially wrecked, or junk motor vehicle or part them-4 shall be permitted to
be parked or kept on any street or tract.
9. No noxious, offensive or illegal activities shall be carried on on any tract nor shall anything be done on
any tract that shall be or become an unreasonable danger, annoyance or nuisance to the neighborhood
or any tract within the subdivision
10. No oil or natural gas drilling, refining, quarrying, mining, or timbering operations of any kind shall
be permitted upon or in any tract and no derrick or other structure designed for use in boring for oil or
natural gas shall be erected, maintained or permitted on any tract.
11. No junk, debris or trash shall be accumulated and/or stored or buried on any tract; provided that
natural debris (limbs, stumps, etc.) may be buried on a tract in compliance with any governmental
regulations.
12. Any satellite reception disk or device, above-ground swimming pool or outdoor clothes lines shall be
screened from view by adjoining tracts, the street and the Common Areas by means of landscaping or
attractive screening material.
13. No tractor-trailer rigs or buses (RV's and campers are not considered buses) shall be parked or
stored on any Tract No more than three (3) single axle commercial trucks (includes tractors, back hoes,
etc.) may be parked on the tract provided they are screened from view by neighbors and common
roads.
14. No tract may be subdivided into more than two tracts and no tract resulting from a subdivision shall
contain fewer than five (5) acres. Declarant may amend or modify any existing plat and thereby relocate
the property lines of any tract which is owned by Declarant.
15. The Declarant reserves for itself, its successors and assigns, for purposes incident to its development
of the real property subject to these Restrictions, a thirty (30) foot strip along the margin of each road
right of way and a fifteen. (15) foot strip along each other property line for the purpose of constructing,
installing, maintaining, repairing and operating utility lines, poles, mains and facilities.
16. Nothing herein shall be construed as imposing any restrictions upon any other property owned by
Declarant. Declarant in the course of developing adjoining property shall not be obligated to extend
these restrictions to such property, but may impose such restrictions as Declarant chooses.
17. These restrictions, rights, reservations, limitations, covenants and conditions shall be deemed to be
real coves and shall run with the land and shall be binding upon the owners of all tracts described herein
or hereinafter- made subject hereto until January, 1, 2006 and shall continue for successive periods of
Ten (10) years thereafter unless amended or terminated as provided below. These restrictions may at
any time and from time to time be modified or amended by written instrument signed by the owners of
at least two-Thirds of the tracts subject hereto at the time thereof.
18. There is reserved an easement for access, ingress and egress in favor of owners of tracts in
Huntington Oaks Subdivision and in favor of their invitees, as the same access is shown on the Plat
entitled "Huntington Oaks Subdivision" and duly recorded in the office of the Chester County Register of
Deeds. Any damage caused by driveway connections to a street shown on the Plat, or to the ditches or
shoulders of the street, or to the flow of drainage water along the said street, shall be repaired at the
expense of the owner connecting such, driveway. Except for a sign marking the entrance to Huntington
Oaks Subdivision, the only sign permitted on any tract is one sign, no larger than four (4) square feet,
used in the ordinary course of effecting residential sales transactions may be placed by traitors or by
owners within twenty (20) feet of a driveway to advertise a met for sale.
19. Except as otherwise specifically provided, the owner of each tract in the Huntington Oaks
Subdivision by acceptance of a deed therefore shall by virtue of such ownership become a member of
the Huntington Oaks Property Owners' Association, Inc. (the “Association") and is deemed to covenant
and agree to, and shall pay to, the Association an annual assessment and any special assessment which
the Association determines is necessary to pay for the cost of maintaining and repairing the Roadways,
as hereinafter defined, located within the Huntington Oaks Subdivision. Each owner of a tract subject to
this assessment obligation shall pay the same annual and special assessment amount, irrespective of the
site of the tract, the location of such tract with respect to the Roadways or any other factor. The
assessments and charges created herein shall constitute a continuing lien upon each Tract and, if not
paid within thirty (30) days after the due date thereof shall bear interest at the rate of ten percent (10%)
per annum until paid. "Roadways" shall mean and include the road rights of way located within the
easement recorded in Book ___at Page___ in the Chester County Public Registry and as shown on the
recorded plat of Huntington Oaks, together with ail improvements located therein, including but not
limited to, a subdivision identification sign, shoulders, drainage pipe and ditches, and wearing surfaces.
Tracts which abut an existing public road and which do not have access from the Roadways shall not be
subject to these assessments.
20. The property owners Association shall have the right to enforce the restrictions and conditions
contained in this Declaration, and further shall have the right to impose and collect the assessment
provided in paragraph 19 above. It is part of the development scheme of Huntington Oaks Subdivision
that all streets and roads located within the subdivision are private and will in all likelihood remain so.
They are not constructed to standards prescribed by Chester County or the South Carolina Department
of Transportation for roads on their respective maintenance systems. Maintenance of all streets and
roads located within Huntington Oaks Subdivision is to be the sole responsibility of the owners of tracts
in the subdivision. The owner of each tract shall be entitled to cast one vote (which may not be
fractionalized) with respect to any matter brought before the members of the Association for action.
Owners of more than one tract shall be entitled to cast one vote for each tract owned. The officers and
directors of the Association shall be property owners (or employees of a corporate property owner), and
all fees set by the Association for street maintenance shall be set by the directors of the Association. The
Declarant shall appoint all of the members of the Board of Directors until it has sold all of the tracts in
the Huntington Oaks Subdivision. Thereafter the directors shall be elected by the members. Once the
Association has been formed and maintenance fees for the streets have been assessed, each tract
owner shall be obligated to pay the street assessment to the Association within 30 days after receipt of
notice of any assessment and failure after notice to make payments within the time specified shall cause
the assessment to become a lien against the tract. The lien enforced as by law provided. The Association
shall have the right to promulgate rules and regulations concerning the use of the streets within the
subdivision.
21. If any person shall violate or attempt to violate any of the covenants herein set forth, it shall be
lawful for any other person or persons owning or having an interest in any portion of said subdivision
to institute and prosecute any proceeding in law or equity against such person or persons to restrain
such violation or to recover damages or other compensation for such violations.
22. Zoning ordinances, restrictions and regulations of Chester County and its various agencies applicable
to the subject property shall be observed. In the event of any conflict between any provisions of these
restrictions and such ordinances, restrictions or regulations, the more restrictive shall apply. The
invalidation or unenforceability of any provision of these covenants by judgment or other order of any
court shall in no way affect any of the other provisions, and such other provisions and covenants shall
remain in full force and effect.
23. As used throughout these Restrictions, "tract" shall include any subsequent combination of tracts or
portion of tracts into a single tract and any subsequent subdivision of out or more tracts into multiple
tracts.
24. Driveway Easements.
a) The owners of Tracts 11-B and 12-B are granted exclusive right to use the 30 foot easement
which runs along the common property line of Tracts 11-A and 12-A from the right of way of
Goblet Road to the northern property line of Tracts 11-B and 12----B, as shown on the plat map
for Huntington Oaks Subdivision.
As long as it owns (or reacquires) title to either Tract 11-A or Tract 11-B, Declarant reserves the
right to amend the foregoing grant of exclusive right to use the 30 foot easement in order to
grant to the owners of Tract 11-A and/or 12-A the right to use the first half of such casement in
common with the owners of Tracts 11-A and 12-A.
b) The owners of Tracts 9 and 10 are granted the exclusive right to use the 30 foot easement which
runs along the northern property line of Tract 11-A and crosses the northeasterly corner of Tract
10 to the northeasterly corner of Tract 9 as shown on the plat map for Huntington Oaks
Subdivision.
As long as it owns (or reacquires) the title to either Tract 11-A, Declarant reserves the right to
amend the foregoing grant of exclusive right to use the 30 foot easement in order to grant to
the owner of Tract 11-A the right to use such easement in common with the owners of Tracts 9
and 10.
c) The owners of Tracts 6 and 7 are granted the exclusive right to use the 30 foot easement which
runs along the common property line of Tracts 5 and 8 from the right of way of Goblet Road to
the point such easement departs from such property line. The owner of Tract 6 is granted the
exclusive right to use the 30 foot easement which runs from the point of departure from the
referenced property line to the eastern property line of Tract 6, The owner of Tract 7 is granted
the exclusive right to use the 30 foot easement which runs from the point of departure from the
referenced property line to the eastern property line of Tract 7.
d)
As long as it owns (or reacquires) title to either Tract 5 or Tract 8, Declarant reserves the right to
amend the foregoing grant of exclusive right to use the 30 foot easement in order to grant to
the owner of Tract 5 and/or Tract 8 the right to use the first half of such easement in common
with the owners of Tracts 5 and 8.
e) Each owner of a Tract which is granted the right to use any portion of a 30 foot easement
pursuant to this paragraph 24, or any amendment to these Restrictions„ hereby covenants and
agrees with the owners of each other Tract who have been granted the right to use the same 30
foot easement that such easement shall be kept in good condition and repair, similar to its
condition after it was constructed by Declarant, which shall mean at a minimum that the
driveway surface shall have at least a 2" wearing surface of stone or gravel and all ruts, holes,
etc. are filled or otherwise repaired. A meeting of the owners granted the right to use an
easement shall be held once a year, or more frequently at the request of any owner, to discuss
the maintenance and repair work and to select a contractor to perform the work.
Each owner who is granted the right to use a 30 foot easement pursuant to this Paragraph 24
agrees to pay his pro rata share, based upon the portion of the easement such owner is entitled
to use, of the costs and expenses necessary to maintain such easement in accordance with the
provisions of subparagraph d. above.
f) No improvements shall be made to or within an easement, other than ordinary maintenance
and repair, except upon the consent of all owners who have been granted herein or by
amendment to these Restrictions the right to use such easement.
g) The 30 foot easements shall be used for a means of ingress and egress, and for the installation
of utility lines, to and from the Tracts benefitted by such easements and for no other purpose.
The easement: shall not be obstructed at any time, intruding temporary obstruction by a parked
vehicle.
h) The right of the Declarant to amend any of the exclusive easements granted in this paragraph
24 shall terminate, if not sooner, five (5) years after the date these Restrictions are recorded.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be signed this 15 day January, 1996.
STATE OF North Carolina
COUNTY OF Mecklenburg
PERSONALLY appeared before me the undersigned witness and made oath that ___ he saw the within
named HOMESTEAD LAND & TIMBER COMPANY, a North Carolina corporation, by its Executive Vice
President sign, seal, and as its act and deed, deliver the within document for the uses and purposes
therein mentioned, and that ___ he with the other witness subscribed above, witnessed the execution
thereof.
WITNESS my hand and official stamp or seal, this 15th day of January 1996.
STATE OF SOUTH CAROLINA FIRST AMENDMENT TO
DECLARATION OF COVENANTS
CHESTER COUNTY AND RESTRICTIONS FOR
HUNTINGTON OAKS
THIS FIRST AMENDMENT is made this 20 day of May, 1996 to that certain Declamation of Covenants and
Restrictions for Huntington Oaks Subdivision (the “Declaration”) filed in Book 690 at Page 80 Chester
County Clerk of Courts Office.
Paragraph 24 of the Declaration is hereby amended to read in its entirety as follows:
24. Driveway Easements.
a) The owners of Tracts 11-B and 12-B are granted the exclusive right to use the 30 foot easement
which runs along the common property line of Tracts 11-A and 12-A from the right of way of
Goblet Road to the northern property line of Tracts 11-B and 12-B as shown on the plat map for
Huntington Oaks Subdivision.
As long as it owns (or reacquires) title to either Tract 11-A or Tract 12-A. Declarant reserves the
right to amend the foregoing grant of exclusive right to use the 30 foot easement in order to
grant to the owners of Tract 11-A and/or 12A the right to use the first half of such easement in
common with the owners of Tracts 11-B and 12-B.
b) The owners of Tracts 9 and 10 are granted the exclusive right to use the 30 foot easement which
runs along the northern property line of Tract 11-A and crosses the northeasterly corner of Tract
10 to the northeasterly corner of Tract 9, as shown on the plat map for Huntington Oaks
Subdivision.
As long as it owns (or reacquires) the title to Tract 11-A Declarant reserves the right to amend
the foregoing grant of exclusive right to use the 30 foot easement order to grant to the owner of
Tract 11-A. the right to use such easement in common on with the owners of Tracts 9 and 10.
c) The owners of Tracts 5, 6 and 7 are granted the exclusive right to use the 30 foot easement
which runs along the common property line of Tracts 5 and 8 from the right of way of Goblet
Road to the point such easement departs from such property line. The owner of Tracts 5 and 6
are granted the exclusive right use the 30 foot easement which runs from the point of departure
from the referenced property line to the eastern property line of Tract 5. The owner of Tract 7 is
granted the exclusive right to use the 30 foot easement which runs from the paint of departure
from the referenced property line to the eastern property line of Tract 7.
As long as it owns (or reacquires) title to Tract 8, Declarant reserves the right to amend the
foregoing grant of exclusive right to use the 30 foot easement running along the common
property line between Tracts 5 and 8 and running from the point of departure from the
referenced property line to the eastern line of Tract 7 in order to grant to the owner of Tract 8
the right to use such easements.
d) Each owner of a Tract which is granted the right to use any portion of a 30 foot easement
pursuant to this paragraph 24, or any amendment to these Restrictions, hereby covenants and
agrees with the owners of each other Tract who have been granted the right to use the some 30
foot easement that such easement shall be kept in good condition and repair, similar to its
condition after it was constructed by Declarant, which shall mean at a minimum that the
driveway surface shall have at least a 2" wearing surface of stone or gravel and all ruts, holes,
etc. are filled or otherwise repaired. A meeting of the owners granted the right to use an
easement shall be held once a year, or more frequently at the request of any owner, to discuss
the maintenance and repair work and to select a contractor to perform the work.
e) Each owner who is granted the right to use a 30 foot easement pursuant to this Paragraph 24
agrees to pay his pro rata share, based upon the portion of the easement such owner is entitled
to use, of the costs and expenses necessary to maintain such easement in accordance with the
provisions of subparagraph d. above.
f) No improvements shall be made to or within an easement, other than ordinary maintenance
and repair, except upon the consent of the owners who have been granted herein or by
amendment to these Restrictions the right to use such easement.
g) The 30 foot easements shall be used for a means of ingress and egress, and for the installation
of utility lines, to and from the Tracts benefited by such easements and for no other purpose.
The easements shall not be obstructed at any time, including temporary obstruction by a parked
vehicle.
h) The right of the Declarant to amend any of the exclusive easements granted in this paragraph
24 shall terminate, if not sooner, five (5) years after the date these Re6Lictiorts are recorded.
IN WITNESS WHEREOF, Declarant has caused this instrument to be duly executed the day and year first
above appearing.
STATE OF NORTH CAROLINA
MECKLENBURG COUNTY
PERSONALLY appeared before me the undersigned witness and made oath that _he saw- the within
named Chuck Dixon, Executive Vice President of Homestead Land & Timber Company sign, seal and, as
the act and deed at the company, Deliver the within written document for the uses and purposes
therein mentioned, and that _he, with the other witness subscribed above, witnessed the execution
thereof.
SWORN to before me this 20th day of May, 1996.
STATE OF SOUTH CAROLINA) SECOND AMENDMENT TO DECLARATION
OF COVENANTS AND RESTRICTIONS
COUNTY OF CHESTER FOR HUNTINGTON OAKS
THIS SECOND AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS FOR HUNTINGTON
OAKS is made this 16th day of April, 1999, that certain Declaration of Covenants and Restrictions for
Huntington Oaks Subdivision filed in Deed Book 690 at Page 80 and the First Amendment to Declaration
of Covenants and Restrictions for Huntington Oaks Subdivision filed in Deed Book 700 at Page 188, both
in the Office of the Clerk of Court for Chester County, S. C.
1) Paragraph 2 of the original Declaration of Covenants and Restrictions for Huntington Oaks
Subdivision is hereby amended to read in its entirety as follows:
2) Each permanent residential unit shall contain a minimum of 1,800 square feet of living
area exclusive of patios, porches, garages, and basements. A two-story dwelling shall
contain a minimum of 1,000 square feet of enclosed living area on the first (main entry
level) floor. Once construction of a residence has commenced, the exterior thereof,
including finished siding material shall be completed within six (6) months thereafter.
2) Paragraph 6 of the original Declaration of Covenants and Restrictions for Huntington Oaks
Subdivision is hereby amended to read in its entirety as follows:
6) Exterior construction material for all buildings, whether residential or auxiliary, shall be
properly painted, stained or veneered with hardwood (as permitted hereunder), brick,
stone, or other similar facing material. No structure shall have an exterior covering
consisting of tar paper, plywood, rolled brick siding, or other similar facing material.
Hardboard siding will not be permitted on the front elevation of any dwelling. The
minimum roof pitch on the main house structure is to be seven (7") inches of vertical
rise per twelve (12") inches of horizontal run. Foundation of any dwelling is to be brick,
brick veneer, stone, or concrete slab. Concrete block or similar masonry units are not
permitted.
EXCEPT AS AMENDED, all other portions of the Declaration of Covenants and Restrictions for Huntington
Oaks Subdivision, recorded in Deed Book 690 at Page 80 and First Amendment to Declaration of
Covenants and Restrictions for Huntington Oaks Subdivision recorded in Deed Book 700 at Page 188
shall continue in full force and effect.
IN WITNESS WHEREOF, the undersigned, which constitutes at least two-thirds (2/3) of the tracts of the
said Huntington Oaks Subdivision, have caused this instrument to be duly executed the day and year
first above appearing.
