Governing Documents

• 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 rights have now expired — Association is under homeowner control.
• Dwelling Unit — Any single-family home, condo unit, townhouse, or apartment unit.
• Owner — Record title holder of a Lot, Dwelling Unit, or Multi-Family Tract.
• Master Association — Villas Garden Community Association, Inc. This is a master association only — it owns and maintains the common areas, playground, and dog park. It does NOT own any residential buildings.
• ARC (Architectural Review Committee) — 3–5 member committee that must approve all exterior changes before work begins.
• Forestbrook COA (Sub-Association #1) — Forestbrook Condominium Owners Association, Inc. Created by NVR, Inc. as Declarant. Governs 38 phases/buildings and approximately 207 individual townhome units. Has its own Master Deed (recorded October 10, 2022, Book 4601, Page 2690) and Bylaws. All Forestbrook owners are also subject to the Villas Garden Master CCRs.
• VGC Association (Sub-Association #2) — Villas Garden Condominium Association, Inc. Governs the 2 original condo buildings built by a previous builder (Building A: 300 Granada St. — 12 units; Building M: 140 Villa Grande St. — 7 units). Total: 19 units. Has its own VGC Master Deed (Book 3386, Page 1982). All VGC owners are also subject to the Villas Garden Master CCRs.
• ⚠️ Important: The Master HOA does NOT own or manage the residential buildings. Each sub-association manages its own buildings and common elements independently, while remaining subject to the Master CCRs.

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 — Declarant (Expired)

Previously held by Burcale Group, LLC. These special voting rights have now expired. Homeowners now fully elect and control the Board.

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
• Suspend Member enjoyment rights for unpaid assessments (indefinitely) or rule violations (up to 60 days)
• Grant utility, ingress/egress, and access easements over Common Property

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). Declarant consent is no longer required.

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 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.

Special Assessment

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

Specific Assessment

Levied against an individual Owner for: special services they requested; costs to bring their Lot into compliance; or 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.

Working Capital Contribution

At each sale or resale of a Lot or Unit: $450 collected as working capital. This is not an advance payment of assessments.

After 30 days the Association may sue the Owner personally, foreclose the lien, or suspend membership rights. All collection costs and 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 are open to Member inspection during regular business hours.

Structure Going Forward

Members elect 3–5 Directors with staggered 3-year terms. The Board determines the number of Directors (minimum 3 required by SC law).

Vacancies

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

Removal

Any Director may be removed with or without cause by Board vote or majority Member vote.

• Annual Member meeting: at least once per year
• 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%.

• 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.

Key Powers

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

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

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 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 compatible with the home's architectural design
• Permitted on rear portion of structure only

• Rear of house only, within 10 feet of rear patio; max 6-foot poles
• Maximum 2 per house; max size 16" × 16". No gourds.

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

• Holiday decorations: up 1 week before event, 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 cords (except holiday lights)
• Color lighting is not permitted
• Insect-repelling colored bulbs may be used only in rear fixtures only

Perimeter Fences

• Black aluminum or wrought iron only — maximum height 48" (4 feet)
• Must begin at rear corners of the home, extend straight back max 10 feet
• Minimum 48" service gate required on the rear fence line

Patio Privacy Fences

• Maximum height: 6 feet; white vinyl permitted

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

• All fixtures must be completely or partially hidden by plant material
• Fixture colors: black, earth tone brown, or bronze only
• No extension cord connections

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

Recreational equipment is not allowed anywhere in Villas Garden Community.

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

Preferred Locations

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

• Front yard: 1 black wrought iron hook with 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: patio in rear yards only; requires ARC approval
• Sculptures: max 1 per property, max height 36 inches, front or rear

After two written notices, matter referred to legal counsel. Owner responsible for all attorney's fees and costs.

Appeals

Appeal a ARC decision 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.

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