• Assessment — Charges levied by the Board (Annual, Special, or Specific).
• Association — Villas Garden Community Association, Inc.
• Common Property — Land, improvements, and easements deeded or leased to the Association for common use.
• Declarant — Originally SFW, LLC; most recently Burcale Group, LLC. Class B Declarant rights have now expired — the Association is under homeowner control.
• Dwelling Unit — Any single-family home, condo unit, townhouse, or apartment unit.
• Lot — Any subdivided but unimproved parcel intended for single-family, townhouse, or patio home use.
• Owner — Record title holder of a Lot, Dwelling Unit, or Multi-Family Tract.
• ARC (Architectural Review Committee) — 3–5 member architectural review committee that approves all exterior changes.
• VGC / HPR — Villas Garden Horizontal Property Regime — the 19-unit condo buildings (Building A: 300 Granada St.; Building M: 140 Villa Grande St.).

Tracts 1, 2, and 3 in Socastee Township, Horry County, SC (TMS# 180-00-01-002, Deed Book 3168, Page 872).

Every Owner automatically becomes a Member upon accepting title. Voting rights may be suspended for delinquent assessments.

Class A Members — All Owners

One vote per Lot or Dwelling Unit.

Class B Members — Declarant (Burcale Group, LLC)

Equal to all Class A votes combined, plus one. Automatically terminates on the earliest of:

• 120 days after Declarant has conveyed 75% of maximum Lots/Units to Owners
• Three years after first HPR Unit conveyed in the last phase
• December 1, 2028 (hard backstop)
• Date Declarant voluntarily terminates Class B membership

All Members and guests have an easement of enjoyment in Common Property, subject to Association rules and fees.

Association Powers

• Adopt and publish rules governing use and conduct; establish fines
• Place restrictions on road use (vehicle types, speeds, gates)
• Suspend Member enjoyment rights for unpaid assessments (indefinitely) or rule violations (up to 60 days)
• Grant utility, ingress/egress, and access easements
• Grant temporary and permanent licenses for Common Property access

No building, fence, wall, sign, pool, roof change, or landscaping may be done without written ARC approval first.

ARC Review Timeline

• Submit completed application + $35 fee + 3 copies of plans
• ARC must act within 45 days of receipt of complete application
• If no decision within 45 days → application is deemed denied
• Approvals valid for 12 months
• Once approved, work must be completed within 120 days

ARC Composition

3–5 members appointed by the Board. Previously Drew Flynn, Charles Flynn, Jack Moran (appointed March 2023). Now that the Board has transitioned to homeowner control, the new Board should appoint ARC members. Contact the Association to confirm current ARC membership.

Duration

30 years from recording (2009), then automatically renews for successive 10-year periods unless 3/4 of votes at a special meeting vote to terminate.

Amending the CCR

Requires 67% of Members present and voting (30 days' notice required). While Declarant holds Class B rights, no amendment without Declarant's written consent.

Dispute Resolution

Before filing suit, parties must attempt good-faith negotiation, then mediation within 30 days. Jury trial is waived by all parties for covered claims.

Enforcement

The Association, Declarant, or any Member may take legal action to enforce covenants. Failure to enforce at any time does not waive the right to enforce later.

Annual Assessment

Levied each year based on the annual operating budget. Each Owner pays an equal pro-rata share. May be increased by the Board to cover budgeted expenses plus reserves.

Special Assessment

For capital improvements, reconstruction, repairs, or emergencies on Common Property. Requires majority Board vote. Applied uniformly to all Owners.

Specific Assessment (Added 2021)

Levied against an individual Owner for: (a) special services requested by that Owner; (b) costs to bring their Lot into compliance after advance written notice and opportunity to cure; (c) fines assessed to that Owner.

Annual Assessments payable in one installment by January 10 of the assessment year.

Association must notify Owners of the budget by December 1 each year for the following year.

Working Capital Contribution

At closing of each sale (Declarant or Builder → Purchaser) and each subsequent resale: $450 per Lot or Dwelling Unit collected as working capital. This is not an advance payment of assessments.

After 30 days unpaid, the Association may sue the Owner personally, foreclose the lien, or suspend membership rights. A $25 late fee and $15 collection fee also apply per the Fine Policy.

If a judgment is obtained, interest accrues at 18% per annum. All collection costs and reasonable attorney's fees are added to the amount owed.

The Association may maintain reserve funds for major rehabilitation, emergency repairs, recurring maintenance, and new services.

The Board must prepare and make available an annual budget at least 30 days before the start of each fiscal year. Financial books open to Member inspection during regular business hours.

Exempt from Annual Assessments:

• Property dedicated to and accepted by a local public authority
• The Common Property itself
• Property designated as common property of a Subordinate Association
• Wetlands, marshlands, and conservation areas on recorded plats

Current Board — Elected by Homeowners

Zach Thomas — President
Allison Wikle — Vice President
Doug Harbaugh — Secretary
Dimitri Sleem — Treasurer

Going Forward

Members elect 3–5 Directors with staggered terms. Directors serve 3-year terms at subsequent annual meetings. The Board determines the number of Directors (minimum 3).

Vacancies

Filled by majority vote of remaining Directors, serving until the next Member meeting.

Removal

Any Director (other than one appointed by Declarant) may be removed with or without cause by Board vote or majority Member vote.

Annual Member Meeting

At least once per year at the Property or Board-designated location.

Notice Requirements

• Regular or special meetings: 10–45 days advance notice
• Material amendments or extraordinary actions: at least 25 days
• Meetings to amend the Declaration: at least 30 days to all Members and Eligible Mortgagees

Quorum

First meeting: 51% of total votes. Second meeting (if needed): 20%.

Board Meetings

Annual Board meeting follows immediately after the annual Member meeting. A majority of Directors constitutes quorum. Actions may be taken by written consent of a majority without a meeting.

• President — Chief executive; presides at all meetings; executes all instruments; appoints committees. Must be a Director.
• Vice President — Acts in President's absence or disability.
• Secretary — Records all meetings; gives required notices; maintains records.
• Treasurer — Keeps financial accounts; disburses funds; renders financial reports; mails assessment notices.

Two offices may be held by the same person, except President and Secretary cannot be combined.

Key Powers

• Adopt and publish rules & regulations; establish fines
• Suspend Member rights for delinquent assessments or rule violations
• Employ managers, contractors, and employees
• Grant utility and easement rights over Common Property
• Grant temporary and permanent licenses for Common Property access
• Borrow money and pledge revenues as security

Key Duties

• Keep complete records open to Member inspection
• Fix and levy all assessments; send written notice to every Owner
• Maintain and repair Common Property and facilities
• Procure liability and hazard insurance
• Prepare annual budget; retain records at least 3 years
• Enforce governing documents through legal means

Now that Class B rights have expired, the Bylaws may be amended by affirmative vote or written consent of Members holding at least 67% of total votes. Declarant consent is no longer required.

The Board may still unilaterally amend for legal compliance, title insurance, mortgage eligibility, or governmental requirements.

Antennas are not permitted. See Satellite Dishes for dish-specific rules.

• Must match existing roof color and be aesthetically pleasing
• Permitted on rear roof plane only
• Passive and/or mechanical exhaust styles only

• Exterior retractable awnings only — must be post-free
• Color must be clearly compatible with the home's architectural design
• Permitted on rear portion of structure only

• Rear of house only, within side exterior walls and within 10 feet of rear patio
• Mounted on poles no more than 6 feet tall
• Maximum 2 birdhouses/feeders per house; max size 16" × 16"
• No gourds permitted

• Up to 2 pots on front porch entry; up to 1 in front planting bed (accent only)
• No plastic pots allowed

• Holiday decorations may go up 1 week before the event; must come down within 1 week after
• Christmas decorations: allowed after Thanksgiving; must be removed by January 15
• Exterior artificial flowers are not allowed

• Purpose must be footing, navigation, or security — not decorative
• Must not illuminate adjoining lots or shine into windows
• Recommended: low-voltage, ground-mounted, concealed by plantings
• No lamp posts without approval; no extension cord connections (except holiday lights)
• Color lighting is not permitted
• Insect-repelling colored bulbs may be used only in rear fixtures

Perimeter Fences

• Black aluminum or wrought iron only
• Maximum height: 48 inches (4 feet)
• Must begin at rear corners of the home and extend straight back a maximum of 10 feet
• A minimum 48" service gate is required on the rear fence line

Patio Privacy Fences

• Maximum height: 6 feet
• White vinyl permitted for privacy fences

If the fence involves a drainage easement, the owner must remove and replace it at their own expense if easement access is needed in the future.

No alterations or improvements that would defeat the garage's intended purpose. Garage screen attachment requests must be submitted to the ARC.

One (1) garden flag not exceeding 24 inches permitted per home.

Required for security and public safety. No approval needed for replacement with like kind. Numbers above the garage must remain in place.

• All fixtures must be completely or partially hidden by plant material
• Fixture colors: black, earth tone brown, or bronze only
• For subtle accenting of landscape material only; may be approved for walkway safety
• No extension cord connections

Must be coiled and stored out of sight when not in use — in a concealed container (hose box) or in the garage.

Recreational equipment is not allowed anywhere in Villas Garden Community.

• Maximum diameter: one meter (39.37")
• Color must be compatible with the home's materials and colors
• Must not be visible from the street or side of the property

Preferred Locations

• Ground level in the rear, screened by natural landscaping
• On a pole in the rear yard, preferably screened
• On the rear roof, highest point below the peak, as close to gutter line as possible

• Front yard: 1 black wrought iron hook with hanging basket of live plants/flowers
• Rear yard: maximum 2 black wrought iron hooks

May only be placed at the driveway end the night before pickup. Must be returned to the garage after pickup.

One (1) wind chime in the rear of the house, no larger than 2 feet long, as long as it does not become a nuisance to neighbors.

Lawn furniture permitted only on the patio in rear yards and requires ARC approval.

One (1) sculpture approved for front or rear placement. Maximum height: 36 inches.

Fines for Architectural Violations

After two written notices, matter referred to legal counsel. May result in lien, personal judgment, or foreclosure. Owner responsible for all attorney's fees and costs.

Violation Notice Process

Notices sent by US mail to Owner of record. Owner has 10 business days after receipt to resolve before fine is imposed.

Appeals

Following a ARC hearing, applicant may appeal to the Board of Directors within 10 business days of receipt of the denial letter.

Assessments are due on the first day of each month and are delinquent if not posted to the bank within 30 days after the due date.

All assessments, late charges, interest, and collection costs are the personal obligation of the Owner at the time levied.

The Board may assess a fine of $100.00 per occurrence for any violation of the Declaration, Bylaws, ARC Guidelines, or Association rules.

While an account is delinquent, the Board may suspend:

• Use of recreational facilities
• Trash collection service (reinstatement fees apply when current)
• Voting rights — only Owners in good standing may vote