Article II — Definitions

Association — Chapel Creek Plantation Owners Association, Inc., a non-profit membership corporation.

Common Area — Real property in which the Association owns an interest for the common use and enjoyment of all Members.

Lot — A parcel of land designated as a lot on any Plat of Chapel Creek Plantation.

Owner — The record owner of fee simple title to any Lot.

Assessments — Annual, special and default Assessments levied to meet the estimated cash requirements of the Association.

Architectural Review Board (ARB) — The committee formed to maintain the quality and architectural harmony of improvements in Chapel Creek Plantation.

Golf Course — The golf course, including clubhouse and related facilities, owned by Chapel Creek Associates — NOT part of the Property assessed under these Covenants.

Article III — The Association

Section 3.02. The Association shall be responsible for the management and control of the Common Area and shall keep it in good, clean and attractive condition.

Section 3.05 Compliance. Each Owner shall abide by and benefit from the provisions, covenants, conditions, and restrictions contained in the Chapel Creek Plantation Covenants, Restrictions and By-Laws.

Section 3.10 Roads and Streets. The Association shall own and be responsible for the maintenance of the private roads within Chapel Creek Plantation. Maintenance costs are included as part of the annual assessment.

Article IV — Covenant for Maintenance Assessments

Section 4.03. The Board of Directors shall prepare a budget by April 15 of each year. On or before April 30, the Board shall approve the budget and determine, levy and assess the Association's annual Assessments for the approaching year.

Section 4.08 Effect of Nonpayment. Any Assessment installment not paid within thirty (30) days of its due date shall be delinquent. The Association may: assess a late charge of at least fifteen percent (15%); assess interest at two points above the prime rate; suspend voting rights; accelerate all remaining installments; bring an action at law; or file a lien against the Lot and foreclose.

Article V — Property Rights of Owners

Section 5.01. Every Owner shall have a non-exclusive easement for the use and enjoyment of the Open Space and the Common Area.

Section 5.12 Golf Club. PURCHASE OF A LOT DOES NOT INCLUDE A MEMBERSHIP IN THE CLUB FORMED BY THE OWNER OF THE GOLF COURSE, EXCEPT AS EXPRESSLY PROVIDED IN THE CONTRACT OF PURCHASE OR OTHER ORGANIZATIONAL DOCUMENTS OF THE GOLF CLUB.

Article VI — Architectural Review Board

Section 6.01. The ARB shall be composed of five (5) persons appointed by the Board of Directors. No Improvements shall be erected, placed or altered on any Lot until plans have been approved by the ARB.

Section 6.04 Expenses. The ARB may charge a filing fee not to exceed TWO HUNDRED ($200.00) DOLLARS per dwelling unit.

Section 6.08 Penalties. The ARB may assess Fifty ($50.00) Dollars per day against an Owner for each event of non-compliance, which shall become a lien on the Lot.

Article VII — Construction and Alteration of Improvements

Section 7.02. Any construction, reconstruction, refinishing or alteration of any part of the exterior of any Buildings or other Improvement is absolutely prohibited until and unless the Owner first obtains approval from the ARB.

Article VIII — General Covenants and Restrictions

Section 8.01 Parking and Garages. All commercial vehicles, tractors, mobile homes, trailers, campers, boats and other watercraft must be parked entirely within a garage unless otherwise permitted by the Board.

Section 8.08 Animals and Pets. No animals, livestock or poultry of any kind may be raised, bred or kept on any Lot, with the exception of dogs, cats or other usual household pets — not more than a total of two (2). Dogs shall at all times when outside a Lot be confined on a leash held by a responsible person.

Section 8.11 Antennas. No exterior television or radio antennas or satellite dishes shall be placed or maintained upon any portion of the Property without the prior written consent of the Board.

Section 8.14 Guns. The use of firearms within the Property is prohibited. This includes "B-B" guns, pellet guns and other firearms of all types, regardless of size.

Section 8.15 Pools. No above-ground pools shall be erected, constructed or installed on any Lot.

Section 8.24 Leasing. All leases shall be in writing and for a minimum term of ninety (90) days. The Owner shall be liable for any violation committed by the Owner's tenant.

Section 8.25 Timeshare Prohibition. There shall be no timesharing or interval ownership of a Lot.

Article IX — Waterfront Areas and Waterways

• No pier, dock or other structure shall be built or maintained upon any waterfront Lot without the specific written approval of the ARB.
• Use and access to the lakes and lake front areas shall be restricted to the waterfront lot owners only.
• Maintenance costs of the lower lake: 85% pro-rated among the waterfront lot owners and 15% paid by the golf course owners. For the upper lake: 25% to waterfront lot owners and 75% to golf course owners.

Articles X–XII — Mortgagees' Rights, Maintenance & Insurance

Article XI — Maintenance. The Association shall maintain the Common Area, roads and Open Space in good repair. All maintenance of Lots shall be the sole responsibility of the Owner. If an Owner's maintenance does not satisfy community-wide standards, the Association may, after thirty (30) days written notice, assume maintenance responsibilities at the Owner's expense.

Article XII — Insurance. The Association shall obtain hazard insurance for all insurable Improvements in the Common Area at full replacement value, and a comprehensive policy of public liability insurance.

Article XVI — Enforcement of Covenants

Section 16.01. Every violation of this Declaration is deemed to be a nuisance and is subject to all remedies provided for the abatement of the violation.

Section 16.09 Recovery of Costs. If legal assistance is obtained to enforce any provisions, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorneys' fees.

Article XVIII — Duration of These Covenants and Amendment

Section 18.01 Term. The covenants and restrictions shall run with and bind the Property for a term of twenty (20) years from the date of recording, then automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then Owners has been recorded within the year preceding each successive period agreeing to change or terminate the covenants.

Section 18.02 Amendment. This Declaration may be amended only by the affirmative vote or written consent of Voting Members representing seventy-five percent (75%) of the total votes of the Association. Any amendment must be recorded in the R.M.C. Office for Orangeburg County, South Carolina.