12. INDIVIDUAL ASSESSMENT In the event that the need for maintenance or repairs of the common areas is caused by the willful or negligent act of an owner, his family, guests or invitees or in the event that an owner of any building site shall fail or refuse to maintain such building site, or repair or replace the improvements situated thereon in a manner satisfactory to the Board, the Association, after approval by vote of 75% of all members of the Board, shall give such written notice of the Association's intent to provide the required maintenance, repair or replacement, at such owner's sole cost and expense. The owner shall have fifteen (15) days within which to complete said maintenance, repair or replacement, or if such work cannot be accomplished within said fifteen day period, to commence said maintenance, repair or replacement. If such owner fails or refuses to discharge properly his obligations as outlined above, the Association shall have the right, through its duly authorized agents or employees to enter, at reasonable hours of a day, upon said building site to perform such work. The Association may then levy an individual assessment upon any building site to cover the cost and expense incurred by the Association in fulfilling the provisions of this section. 13. EXEMPTION FROM ASSESSMENT The following property subject to this declaration shall be exempt from all assessments, charges and liens created herein: A. All properties to the extent of any easement or other interest therein dedicated and accepted by any public authority and devoted to public use. B. All common areas as defined herein. C. Any vacant land or building sites owned by a Class "B" member unless a building site is occupied as a residence. Any such land or building sites owned by a Class "B" member shall be maintained by such Class "B" member at such member's sole cost and expense. 14. ASSESSMENTS DUE DATES The annual assessment installments for each building site shall commence on the first day of the month following the transfer of ownership of the building site from Developer to the owner, and shall become due and payable on the first day of each month thereafter. The method of payment and due dates for special assessments shall be as established by the Association in accordance with this Declaration, its Articles and By-Laws. The method of payment and due dates for individual assessments shall be as determined by the Board in accordance with this Declaration. The Association shall prepare a roster of building sites and assessments applicable thereto, which shall be open to inspection by any member upon reasonable notice to the Board. 15. COMPUTATION Annual and special assessments shall be charged equally against each building site. 16. ASSOCIATION Any assessments which are not paid when due shall be delinquent. Any assessment or assessment installment delinquent for a period of more than ten (10) days may incur a late charge in an amount as the Board may determine from time to time. The Association shall cause a notice of delinquency to be given to any member who has not paid within the ten (10) days following the due date. If the assessment or assessment installment is not paid within thirty (30) days, the Association may declare the entire balance of such assessment for the remainder of such annual period due and payable in full, and a lien as herein provided for shall attach, and in addition the lien shall include the late charge, interest on the principal amount due at the maximum allowable rate from the date first dues and payable, all costs of collection, reasonable attorney's fees actually incurred, 10% annual compounding interest and any other amounts provided or permitted by law. In the event that the assessment remains unpaid after sixty (60) days, the Association may, as the Board shall determine, institute suit to collect such amounts or to foreclose its lien. Each owner, by acceptance of a deed or other conveyance to a building site, vests in the Association or its agents the right and power to bring actions against such owner or owners personally for the collection of such charges as a debt and/or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. The lien provided in this Article shall be in favor of the Association and shall be for the benefit of all other owners. The Association, acting on behalf of the owners, shall have the power to bid on the building site at any foreclosure sale or to acquire, hold, lease, mortgage and convey the same. No owner may waive or otherwise escape liability for the assessments provided for herein, including by way of illustration but not limitation, abandonment of the building site. The Board shall likewise have the right to use forcible entry and detainer proceedings to enforce the rights provided to the Board under this Declaration as permitted from time to time by the statutes of the State of SC. 17. SUBORDINATION OF LIEN The lien provided for in this Declaration shall be subordinate to the lien of any first mortgage now or hereafter placed upon the building site subject to assessment, provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such building site pursuant to a decree of foreclosure, or any other preceding in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. 18. ESTOPPEL CERTIFICATES The Association shall, upon request of a member, at any reasonable time, furnish an estoppel certificate signed by an officer or other authorized agent of the Association, setting forth the amount of unpaid assessments and/or other charges, if any against said member's building site, up to a given date or time of conveyance. The Association shall also certify as to whether or not there are violations of the governing documents on the building site as of the date of preparation of the certificate. Said certificate shall be delivered to the place of closing and all outstanding assessments and other charges, if any, and a reasonable charge, as determined by the Board, to cover the cost of providing such certificate shall be deducted from the Seller's account at the closing and transmitted directly to the Association. 19. MAINTENANCE REPAIRS AND SERVICES BY THE ASSOCIATION The Association, subject to the provisions of this Declaration and the By-Laws of the Association shall maintain and keep in good repair the area of common responsibility, which responsibility shall be deemed to include by example and not by limitation: A. Maintenance and repair of all common areas and facilities including, dikes, dams, spillways, water control structures, park areas, buildings, groundwater controls systems, erosion areas, common irrigation systems, fountains, decorations, canals, entrance signs, buffers, easements, canal sediment, control of aquatic vegetation, water quality, stocking fish, nuisance rodent or reptile removal, landscaping, utility lines, pipes, wires and conduits, not dedicated to any public authority, if any; and B. Furnish and provide the necessary maintenance and repair services for the utility systems, and for any controlled discharge drainage collection facility serving the properties and the improvements situated thereon. 20. EASEMENT The Association is hereby granted an easement of use and right-of-way on, over, in, under and through all building sites in order to comply with the terms of this Declaration, and entry on any building site for such purpose shall not be deemed a trespass. 21. ENFORCEMENT AUTHORITY The Board of Directors of the Homeowners' Association shall be authorized and empowered to: A. Make and enforce reasonable rules and regulations governing the conduct, use and enjoyment of the properties. B. Impose reasonable fines, which shall constitute a lien upon the building site of a member, and/or suspend such member's right to use the common areas and the right to vote, for not more than thirty (30) days, or such time as a violation may continue and sixty (60) days thereafter for violation of this Declaration, the By-Laws or any rules and regulations which have been duly adopted by the Association. C. Begin any action in any court on behalf of the Association and all owners to abate any nuisance, or otherwise to protect the values and integrity of the community. 22. ENFORCEMENT PROCEDURE The Board shall not impose a fine, suspend voting, begin court action or infringe upon any other rights of a member or other occupant for violation of rules unless and until the following procedure is followed: A. Demand. Written demand to cease and desist from any alleged violation shall be served upon the alleged violator specifying: (1) The alleged violation; and (2) The action required to abate the violation; and (3) A time period, not less than ten (10) days, during which the violation is continuing, or a statement that any further violation of the same rule any result in the imposition of sanction after notice and hearing if the violation is not continuing at the time the written demand is sent. B. Notice. Within twelve months of such demand, if the violation continues past the period allowed in the demand for abatement without penalty, or if the same rule is subsequently violated, the Board shall serve the violator with written notice of a hearing to be held by the Board in executive session. The notice shall contain: (1) The nature of the alleged violation; and (2) The time and place of the hearing, which time shall be not less than ten (10) days from the giving of notice; and (3) An invitation to attend the hearing and produce any statement, evidence and witnesses on his or her behalf; and (4) The proposed sanction to be imposed. C. Hearing. The hearing shall be held in executive session pursuant to this notice affording the member a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of notice and the invitation to be heard shall be placed in the minutes of the meeting: Such proof shall be deemed adequate if a copy of the notice together with a statement of the date and manner of delivery is entered by the officer or director who delivered such notice. The notice requirement shall be deemed satisfied if a violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. 23. EROSION CONTROL AND LANDSCAPE WASTE During clearing and construction, until all exposed dirt from excavating has been removed from the building site or brought to an approved final grade surrounding the dwelling unit, and until the building site is permanently landscaped with vegetation or landscaping material, the building site owner shall prevent the erosion and washing of soil from the building site by employing the following measures: A. Disposing of all landscape waste, such as brush, weeds, removed trees, and excess dirt, in a lawful fashion by removal, without causing damage to any adjacent building site or other property within Forest Lake Shore Subdivision. No debris shall be blown into streets, neighboring yards, or lake. B. In the case of making improvements to a building site, the owner shall place, or require a general or sub-contractor to place, all excavated soils deposited within the building site at least five (5) feet from any lot line, and the owner or general or sub-contractor shall not place any soil piles on an easement or right-of-way of record. During and prior to completion of construction efforts the building site owner or contractor of the building site owner's designation shall erect and maintain a 3 feet tall water permeable cloth dike, reinforced with hog wire and properly installed using metal stakes , of suitable strength and durability across the building site and around the perimeter of excavating soil piles and at the bottom of slopes or shall employ other effective means to prevent such soils from eroding or washing into the lake, easements or right-of-way or other building sites. Such dikes or other systems shall be maintained until the excess soil has been brought to approved final grade or removed from the building site. C. Prior to and during all construction the owner must prevent erosion and maintain a working silt fence at appropriate areas. Within 30 days, weather permitting, after the final grade has been established and approved on the building site, the building site owner shall provide and install solid sod in the front, rear, and side yards, vegetation to cover exposed soils by planting approved ground cover, sodding, seeding and strawing, or covering the exposed areas with approved landscape material to prevent erosion. Drainage easements on building sites shall be maintained by the building site owner according to the plat of record and the specifications of final grade as approved by the City Engineer. D. Soils, mud and landscape waste carried from a building site onto other properties and common areas such as easements, lake or waterways, rights of way and roadways, by erosive forces or by vehicles leaving a construction site, shall be cleaned up daily or as necessary at the expense of the building site owner. The Homeowners Association, Developer, his successors and assigns, shall have the right to enter a building site at any time for the purpose of preventing and arresting undue erosion at the expense of the building site owner if the building site owner or his designated contractor is unwilling or unable to prevent such erosion. Owner shall be responsible for expenses. 24. CONSTRUCTION MATERIAL WASTE At each building site, excess material and waste from construction shall be gathered and disposed of regularly in a lawful fashion. No building site shall be used or maintained at anytime for a dumping ground. 25. DRIVEWAYS Driveways shall be constructed of concrete, asphalt or other material and constructed as approved by the Architectural Control Committee. 26. NUISANCES AND TRASH A. No noxious or offensive trade or activities shall be carried on in said subdivision, nor shall anything be done therein or thereon which may be or become an annoyance or nuisance to the neighborhood as judged by the Board or developer. B. No animals, livestock or poultry of any kind shall be raised, bred or kept on any building site in said subdivision except 2 dogs and 2 cats and other common approved indoor pet animals, and not for any commercial purposes. Pets must be restrained, fenced, leashed, and cannot cause disturbance through excessive barking as judged solely by the Forest Lake Homeowners Association Board or Developer. C. All weeds shall be kept cut on sold vacant building sites, and no such vacant building sites shall be permitted to fall into an unsightly condition. No building sites shall be used or maintained as a dumping ground for rubbish, and all trash, garbage or other waste shall be kept in sanitary containers. Any vacant building site, which falls into an unsightly condition, may be mowed or cleaned up by the Developer or Homeowner's Association at the expense of the owner. Dead vegetation shall be removed at owner’s expense and may be performed by Homeowner’s Board without being deemed trespass is deemed necessary. 27. OUTDOOR STRUCTURES A. No structure of a temporary character, trailer, basement, shack, garage, barn or other outbuilding shall be erected or placed on any building site at any time, except during the construction period, without approval of the Architectural Control Committee. No unattached garage or out building shall be approved by the Architectural Control Committee. All building structures must be attached to and compatible with the existing single family dwelling on the premises and is of comparable quality and construction. No freestanding storage sheds will be permitted. No human habitation shall occur in parked campers, garages, tents or other structures other than the heated square footage of single family house structure. B. No outdoor structure to include but not limited to; fence, antenna, satellite dish (except as provided below), mail box, statues, birdbaths, solar devices, fuel storage tanks, clothes lines, above ground pools, relocated houses or buildings, prefab buildings, mobile homes or trailers, fountains, playground equipment, pergola, gazebo or swimming pool, shall be constructed without the prior approval of the Homeowner's Association or the Architectural Control Committee C. Fences (1) All fences constructed and installed on any lot within the subdivision shall be constructed of treated wood, coated metal (wrought iron in appearance or vinyl coated chain link), or masonry customarily used for outdoor residential decorative fencing or Homeowner Board approved material. (The color preference for coated metal fences is black, however other dark colors will be considered for approval). No woven wire, standard chain link, or plastic fences are allowed to be constructed or erected. Decorative corner columns of masonry will be permitted. Vinyl fences will be considered if material is substantial. (2) Fences must be constructed within the lot property lines. Any fence that extends into the front yard must be approved by the architectural review committee. The front yard depth is defined as the perpendicular setback distance from the front property line to the near point of the house, extended full lot width. For corner lots, this covenant applies also to the entire area in front of the house facing the side street. (3) Wooden fences shall be constructed and installed so that the wooden posts and supporting structure of the fence are exposed to the inside of the yard it encircles, and the vertical boards are facing the outside. Or, the fence may be constructed by alternating the vertical boards on the inside and outside of the fence. Maintenance of both sides of fence is required of owner. (4) All fences shall be constructed and erected to a minimum height of four (4) feet and a maximum height of six (6) feet. A three (3) inch ground clearance will be permitted. Support posts and decorative columns may extend slightly above the fencing material. A fence may be permitted at the rear of the property so as it does not block the view to or from the water with materials such as wrought iron or coated chain link. D. Outdoor Antennas or satellites shall be installed in the rear of the residential building lot, should not be visible from the front street, and shall not extend any higher than the roofline of the house only if size and location are approved by Board of Homeowner Assn. F. Mailboxes (1) The Homeowners Association has selected and adopted a single design and color for the mailboxes used at each residence. A supply of these mailbox post assemblies are kept in storage by the Association. At the time of becoming an Association member, each member will be required to purchase one of these prefabricated mailboxes for their residence unless a conforming mailbox has been installed at the building site by a previous owner. The Association is authorized to collect the cost of the mailbox along with the membership dues. (2) Members will be required to take possession of the mailbox when delivered by the Association. The member shall install the mailbox in front of their residence in accordance with the instructions supplied with the mailbox. Installation is required within thirty (30) days of occupancy of the home, weather permitting. (3) Repainting of the mailbox or post shall be done using the official color. 28. VEHICLES No building site owner or occupant shall permit any commercial vehicle, including without limitation, cargo trailer, campers, house trailers, or mobile homes, to be parked or stored on the building site, in the driveway or in the street in front of or alongside of the building site. This shall not prevent the building site owner or the occupant from storing a truck, commercial vehicle, boat or trailer owned by such owner or occupant, or used by him in his business in any garage on the premises. No derelict or inoperable vehicles shall be kept or stored on any building site unless fully enclosed in an approved garage. No more than four garages are allowed without permission from the Board. No leasing of garages will be allowed. No building site owner or occupant shall permit any personal vehicles to be parked on an ongoing basis in the streets of Forest Lake Shores Subdivision. All personal vehicles shall be kept in a garage or in the driveway of the building site. This shall not prevent visitors or occupants from parking vehicles in the street on a temporary basis. A specific exemption shall be made to allow storage of city, county, state, and federal law enforcement vehicle in driveways within the subdivision but not in the street. Boats used on Forest Lake may be kept in the water, on the side of the bank, or in a lift on the pier or side of the bank. Boats and boat trailers may not be stored in other visible locations more than 1 consecutive week or 21 days per year, Allowances will be made to visibly store a boat used in Forest Lake and its trailer while the Lake is lowered by the Association. This lake observes slow to no wake and electric motors only for propulsion of boats. 29. CURBS After the construction of the curb in front of a building site and acceptance by the City Engineer or his representative, the building site owner shall be responsible for replacing at his own expense, any broken section and preventing unwanted growth of vegetation out of cracks or dividers. 30. Garages Every house must have two fully enclosed garages large enough to hold full size SUV’s. No lot may have more than 4 garages and may not lease garages. No garages shall be located in front of the main body of the house. Garages must only be loaded from the side or rear of the house. Effort must be made to cause the front exterior walls to match the rest of the house front in all ways including windows, door, roof, and decorations so as to not be able to distinguish the front of a garage from the rest of the house. Corner lots must adhere to the same restrictions on the front and side of the lot thus may only load from the rear or interior side of the lot. 31. Disturbance No motorcycles, go carts, 4-wheelers or similar vehicles may be driven on public, private, or common property. This is not intended to prevent use of street legal motorcycles going to and from a residence. 32. Signs No signs shall be erected, hung, displayed except for the following. They shall be no larger than 12 square feet. House for sale and election signs for 1 month prior to election are allowed. No more than two signs per residence. No offensive material may be seen or heard from the street or neighboring lots. Only the United States Flag and South Carolina State Flag may be displayed or flown. No restrictions shall be placed on Developer’s signs to market Subdivision. 33. Exterior lighting Exterior lighting will be restricted to illumination of owner’s lot and so as to not become a nuisance to neighbors. It is the intent makes reasonable efforts to prevent direct visibility of light source from a neighbors view. Light shades are used when possible. General illumination shall be dusk to dawn lighting with light sensitive controls and shades. Use of low voltage and directional lighting is encouraged. Flood lights shall not be routinely left on. Motion and timer controls are encouraged. The Homeowner Board or Developer may determine if a buyers lighting is a nuisance and demand remedy. 34. Utilities and wires All wiring, cables, telephone wires, sewer, gas and water lines shall be buried. 35. Neatness All equipment, mechanical equipment, pool pumps and filters, wood piles, storage piles, garbage cans and items considered clutter shall be fenced or screened from view by vegetation adequate to conceal from view by streets or neighbors any of the above or anything deemed so by Board of Homeowners Assn. 36. Developers rights The Developer or his assign has the right to alter the contents of this covenant of future lots or phases to impose additional and separate restrictions upon properties at the time of sale of any lots and restrictions may not be uniform. 37. Developer and Engineer Advisory Buyers are hereby warned that there was significant grading of dirt in this subdivision. Buyer should consult with an engineer prior to building to make sure proper foundations are created to prevent building from settling. The 100 year flood plane is at the 114 foot elevation level. Take care to account for this in your building plans. 38. WARNING AND HOLD HARMLESS Developer hereby warns buyers there has been significant grading of dirt on most of this subdivision. Buyers should consult with architects and engineers to determine if further compaction of soil is needed before building or paving. Buyers of lots where the developer installed geosynthetic fabric should also seek guidance since the foundation of house may be close to the fabric. Developer does not warranty seawall or fabric. Upon purchase, it shall become the buyer’s responsibility to maintain the canal edge so as to allow a full unrestricted canal for passage of boats to a depth of at least 4 feet in the center of canal for the entire length of his property line. Buyer agrees to hold the developer harmless for any problems including fabric failure or erosion. 39. DURATION OF RESTRICTION The aforesaid covenants shall run with the land and shall be binding upon all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument rescinding or modifying these covenants which is signed by more than seventy-five (75%) percent of the then record owners of the building sites delineated in the then existing plats of said Forest Lake Shores subdivision development, shall be recorded in the office of the Recorder of Deeds of Florence County, SC. Each building site shall have one vote, agreeing to change or rescind said covenants in whole or in part. No amendment to these covenants and restrictions shall operate to terminate the existence of the Homeowners' Association, nor shall it relieve the Homeowners' Association from its obligations hereunder to assess fees and maintain all water retention facilities, drainage facilities, non-private utility easements and boulevards as set forth in this plat and subsequent plats for Forest Lake Shores subdivision. 40. REMEDIES FOR VIOLATION In the event of a violation or breach of any of these covenants and restrictions by any person or entity subject to such covenants and restrictions, a person or entity enjoying the benefit of these restrictions shall have the right to proceed in a judicial action at law or in equity to compel compliance with the terms of these covenants and restrictions, or to prevent the breach or violation of them. Developer and Homeowner Association shall, in addition, have the right to such compensation for actual expenses incurred as a result of any such breach or violation. 41. SEVERABILITY Invalidation of one of these covenants or restrictions by judgment or other order shall not in any manner affect any of the other covenants, which shall remain in full force and effect.