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Briarcliffe Homeowner's Association Bylaws & Covenants

Table of Contents

  • Article I - Name and Location
    • Section 1.1
    • Section 1.2
    • Section 1.3
  • Article II - Definitions
    • Section 2.1: "The Association"
    • Section 2.2: "Common Area"
    • Section 2.3: "Properties"
    • Section 2.4: "Lot"
    • Section 2.5: "Owner"
    • Section 2.6: "Person"
    • Section 2.7: "Declaration(s)"
    • Section 2.8: "Member"
    • Section 2.9: "Developer"
    • Section 2.10: "Assessment"
  • Article III - Membershp and Voting Rights
    • Section 3.1: Membership
    • Section 3.1: Voting
    • Section 3.1: Suspension of Membership Rights
  • Article IV - Property Rights and Rights of Enjoyment in the Common Areas
    • Section 4.1
    • Section 4.2
    • Section 4.3
    • Section 4.4
    • Section 4.5
  • Article V - Board of Directors
    • Section 5.1: Number
    • Section 5.2: Election
    • Section 5.3: Removal
    • Section 5.4: Compensation
    • Section 5.5: Action Without a Meeting
  • Article VI - Nomination and Election of Directors
    • Section 6.1: Nomination
    • Section 6.2: Election
  • Article VII - Powers and Duties of the Board of Directors
    • Section 7.1: Powers
    • Section 7.2: Duties
  • Article VIII - Directors' Meetings
    • Section 8.1: Regular Meetings
    • Section 8.2: Notice
    • Section 8.3: Special Meetings
    • Section 8.4: Quorum
  • Article IX - Officers
    • Section 9.1: Officers
    • Section 9.2: President
    • Section 9.3: Vice President
    • Section 9.4: Secretary
    • Section 9.5: Treasurer
  • Article X - Committee
    • Section 10.1: Appointment
    • Section 10.2: Architectural Control Committee
    • Section 10.3: Nominating Committee
    • Section 10.4: Other Committee
    • Section 10.5: Complaints
  • Article XI - Members' Meetings
    • Section 11.1: Annual Meeting
    • Section 11.2: Special Meetings
    • Section 11.3: Notice
    • Section 11.4: Presiding Officer
    • Section 11.5: Quorum
    • Section 11.6: Proxies
  • Article XII - Books and Records
    • Section 12.1
  • Article XIII - Assessments
    • Section 13.1: Annual and Special Assessments
  • Article XIV - Amendments
    • Section 14.1: Amendment of By-Laws
    • Section 14.2: Conflict
  • Article XV - Seal
    • Section 15.1
  • Article XVI - Fiscal Year
    • Section 16.1
  • Article XVII - Procedure
    • Section 17.1
  • Article XVIII - Miscellaneous
    • Section 18.1
  • Signature Page
  • Exhibit A
STATE OF SOUTH CAROLINA

COUNTY OF RICHLAND
BY-LAWS OF BRIARCLIFFE HOMEOWNERS ASSOCIATION, INC.

Whereas, Briarcliffe Estates Partnership did file certain Declarations of Restrictions for property known as Briarcliffe by the following instruments:

Declaration of Restrictions for Briarcliffe Estates Section I-A, dated March 18, 1975 and recorded March 19, 1975 in the Richland County Register of Deeds Office in Book D342 at Page 736, as amended by Amendment to Restrictions for Section I-A dated September 2, 1975 and recorded September 3, 1975 in Deed book D358 at Page 149.

Declaration of Restrictions for Briarcliffe Estates Section I-B dated January 26, 1975 and recorded in Book D371 at Page 517. Amendment to Restrictions for Sections I-A and 1-B dated March 30, 1976 and recorded April 20, 1976 in Deed Book 381 at Page 837.

Declaration of Covenants, Conditions and Restrictions for Lake Briarcliffe Association dated August 23, 1976 and recorded December 29, 1976 in Deed book D408 at Page 380.

Declaration of Restrictions for Briarcliffe Estates Section I-A Additions dated October 11, 1978 and recorded in Deed Book D479 at Page 116.

Declaration of Restrictions for Briarcliffe Estates, Section II-A dated December 21, 1979 and recorded January 25, 1980 in Deed Book D528 at Page 965, as amended in Deed Book D540 at Page 515./

Supplementary Declaration of Covenants, Conditions and Restrictions for Lake Briarcliffe Association dated August 23, 1976 and recorded December 29, 1976 in Deed Book D610 at Page 283.

Declaration of Restrictions for Briarcliffe Estates Section II-B dated May 7, 1983 and recorded May 10,1983 in Deed Book D646 at Oage 687.

Declaration of Restrictions for Briarcliffe Estates Section I-C dated January 6, 1986 and recorded September 9, 1988 in Deed Book D775 at Page 236.

Declaration of Restrictions for Briarcliffe Estates Section III-A dated June 1, 1988 and recorded September 9, 1988 in Deed book D903 at Page 941.

Declaration of Briafcliffe Estates Section III-B dated November 16, 1990 and recorded November 21, 1990 in Deed Book D1006 at Page 950.

Declaration of Covenant for Briarcliffe Estates Section III-C dated March 23, 1992 and recorded July 31, 1992 in Deed Book 1098 at Page 525.

Declaration of Restrictions for Briarcliffe Estates Section III-C dated July 29, 1992 and recorded August 2, 1992 in Deed book D1100 at Page 523.

Declaration of Restrictions, Covenants, etc. for Briarcliffe Estates- Phase 4 dated November 3, 1997 and recorded November 4, 1997 in Deed Book D1416 at Page 359.

NOW THEREFORE, Briafcliffe Homeowners Association, Inc. hereby adopts the following By-Laws.

ARTICLE I

NAME AND LOCATION

Section 1.1

The name of this corporation shall be Briarcliffe Homeowners Association, herein sometimes referred to as "The Association".

Section 1.2

The principal office of Briarcliffe Homeowners Association shall be located at 199 Briarcliffe East, Elgin, South Carolina.

Section 1.3

Other office for the transaction of business shall be located at such places as the Board of Directors may, from time to time determine.

ARTICLE II

DEFINITIONS

The capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the various Declarations aforementioned. The Declarations are incorporated herein by this reference and made a part hereof.

Section 2.1

"The Association" means Briarcliffe Homeowners Association, its successors and assigns, a nonprofit corporation organized under the laws of South Carolina.

Section 2.2

"Common Area" means the real property together with the improvements thereon owned, leased or possessed by The Association for the common use and enjoyment of the owners.

Section 2.3

"Properties" means that real property described and referred to in the Declarations and such additions thereto as may hereafter be brought within the jurisdiction of The Association.

Section 2.4

"Lot" means any parcel of land subject to the Declarations referred to in Section 2.3 of this Article II and shown as a numbered parcel upon any recorded subdivision plat of the properties, with the exception of the common areas.

Section 2.5

"Owner" means the record owner, whether one or more persons or entities, of the fee simple title to any lot which is a part of the properties, including contract sellers, but excluding any person having such interest merely as securit for th performanc eof an obligation.

Section 2.6

"Person means in an individual, corporation, partnership, trust or any other legal entity.

Section 2.7

"Declaration(s)" means the Declarations aforementioned in the WHEREAS Paragraphs preceding these Bylaws, and incorporated herein by reference.

Section 2.8

"Member" mens those persons entitled to and having membership as provided in the Declarations.

Section 2.9

"Developer" means Briarcliffe Estates, its successors and assigns.

Section 2.10

"Assessment means a member's share of the common expenses as assessed against a member by The Association as provided for by the Declarations.

ARTICLE III

MEMBERSHIP AND VOTING RIGHTS

Section 3.1

Membership. Every person how is a record owner of a fee or undivided interest in any lot subject to these Declarations shall automatically be a member of The Association; provided, however, that any such person who holds such interest merely as security for an obligation shall not be a member. EXHIBIT "A" Page 11 through 13.

Section 3.2

Missing.

Section 3.3

Voting. The members shall vote pursuant to the Charter and By-Laws of The Association, as amended from time to time, or by law. Only a member in good standing with the Association is permitted to vote. Good standing is defined as not delinquent on any Regular or Special Assessment paymetn; not in violation of any of the Association's Rules and Regulations, the Declaration or these By-Laws; and not in violation of any Architectural Review requirements.

Section 3.4

Suspension of Membership Rights. The Board of Directors, by simple majority vote, may suspend the rights of any member who violates any of the provisions of the Declarations, including but not limited to default in the payment of any annual or special assessment levied by The Association. In the event of such suspension, the voting rights and right to use of The Association's properties and facilities by such member may be suspended by the Board of Directors until such violation has been corrected. The rights of a member may also be suspended by the Board of Directors for a period not exceeding thirty (30) days, for violation of any rules and regulations established by the Board of Directors governing the use of The Association's properties and facilities. If the violation is of a continuing nature, the Board of Directors may suspend a member's rights until such member complies with the rules and regulations.

ARTICLE IV

PROPERTY RIGHTS AND RIGHTS OF ENJOYMENT IN THE COMMON AREAS

Section 4.1

Each member shall be entitled theuse and enjoyment of the common properties and facilities as provided in the Declaration.

Section 4.2

Any member may delegate his rights of enjoyment of The Association properties and facilities to the members of his family who reside upon the properties or to any of his tenants who reside thereon under a leasehold interest for a term of one (1) year or more. Such member shall notify the secretary of The Association in writing of the name of such person and of the relationship of the member to such person. The rights and privileges of such person are subject to suspension to the same extent as those of the member.

Section 4.3

Common Areas refer to recreational facilities including and not limited to the Playground, Pavilion, Clubhouse, Tennis Courts.

Section 4.4

Lake access is limited to those residents whos property borders on the Lake. The responsibility for the Lake resides with the residents of the Lake and handles all issues related to the upkeep of the Lake including and not limited to the Dam and Common Areas. Aforesaid Lake is managed by The Lake Homeowners Association

Section 4.5"

Pool and Pool structure is owned by Briafcliffe Estates, managed by Briarcliffe Homeowners Association, a non-profit Corporation. The Board of Directors may appoint a Pool Committee to provide the expertise in the managemetn of the pool and its entirety, inclusive of the overseeing operation and working capital expense.

ARTICLE V

Section 5.1

Number. From and after the first annual meeting of the members, the affairs of The Association shall be managed by a board of nine (9) Directors, who need not be members of The Association. The number of Directors may be increased or decreased from time to time only by amendment of these By-Laws and by the members. The members shall appoint not less than three (3) or more thatn nine (9) Directors to manage the affairs of The Association, until the first annual meeting.

Section 5.2

Election. At the time of adoption of these By-Laws, the Directors currently serving shall have the specified terms as set forth in a Resolution of the Board, keeping in mind the intention of this Section to stagger the terms of Directors for continuity. At the next annual meeting, the members shall elect three (3) Directors for a term of one (1) years, three (3) Directors for a term of two (2) years and three Directors for a term of three (3) years. At each annual meeting thereafter, the members shall elect three (3) Directors for a term of three (3) years. Each Director so elected shall serve for the period of time for which he is elected or until his successor is duly elected and qualified.

Section 5.3

Removal. Any Director may be removed from the Board with or without cause by a majority vote of the members of The Association entitled to vote thereon. In the event of death, resignation or removal of a Director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor.

Section 5.4

Compensation. No Director shall receive compensation for any services he may render to The Association; provided, however, any Director may be reimbursed for actual expenses incurred in the performance of his duties on behalf of The Association.

Section 5.5

Action without a Meeting. By written consent of all Directors, the Directors may take any action without a meeting which they could take at a meeting.

ARTICLE VI

NOMINATION AND ELECTION OF DIRECTORS

Section 6.1"

Nomination. Nominations for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from te floor at the annual meeting. The Nominating Committee shall consist of three or more perons, at least two of whom shall be members of the Board of Directors and at least one of whom shall be a member of The Association. The Nominating Committee shall be sppointed by the Board of Directors prior to each annual meeting of the members to serve from the close fo such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discreation determine, but not less than the number of vacancies that are to be filled.

Section 6.2

Election. Election to the Board of Directors shall be by secret written balot cast at the annual meeting. At such election, the members may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.

ARTICLE VII

POWERS AND DUTIES OF THE BOARD OF DIRECTORS

Section 7.1

Powers. The Board of Directors shall have the power:

  1. To employ, enter into contract with, delegate authority to and supervise such persons or entites as may be appropriate to manage, conduct and perform the business obligations and duties of the Association
  2. To adopt and publish rules and regulations governing the use of The Association properties, lots, streets and facilities and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof
  3. To exercise for The Association all powers, duties and authority vested in or delegated to The Association not reserved to the membership by other provision of these By-Laws or the Declarations
  4. To appoint, supervise and remove all officers, agents and employees of The Association; to prescribe their duties and fix their compensation
  5. To declare the office of a member of the Board of Directors vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors
  6. To establish, levy, assess and collect the assessments or charges against members of The Association pursuant to the Declaration and these By-Laws
  7. To call special meetings of the members whenever deemed necessary or upon written request of one-fifth (1/5) of the voting members.
  8. Acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, or otherwise dispose of real or personal property including, but not limited to the Common Area, as detennined advisable by the Board of Directors.
  9. Borrow money, mortgage, pledge, deed in trust, or hypothecate any and all of its real or personal property including, but not limited to the Common Area, as security for money borrowed or debts incurred; provided that any such borrowing of money, mortgage, pledge, deed in trust or hypothecation shall have been approved by the affirmative vote of the holders of not less than two-thirds (2/3) of the votes of the Members present or represented at a duly called meeting at which a quorum is present
  10. Have and exercise on behalf of the Association any and all powers, rights, and privileges which a corporation organized under the South Carolina Nonprofit Corporation Act (S.C. Code Annotated ��33-31-l 0 I, et seq.) (the "Act") may now or hereafter have or exercise, including the right to enter into agreements with other associations and entities for the management and maintenance of the common areas of such associations or entities
Section 7.2

Duties. The Board of Directors shall have the duty:

  1. To keep a complete record of the affairs of The Association; to report on the same at the annual meeting of the members and at any special meeting, when such is requested in writing by at least one-fifth (1/5) of the members entitled to vote
  2. To supervise all officers, agents and employees of The Association, and to see that their duties are properly performed
  3. As more fully provided in the Declaration
    1. to fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period
    2. to send written notice of each assessment to every owner subject to such assessment at least thirty (30) days in advance of each annual assessment
    3. to prepare a roster of properties and assessments applicable thereto which roster shall be kept in the office of The Association and open to inspection by any member at any reasonable time
  4. To issue or cause to be issued, upon written demand by any member, a certificate setting forth whether the assessment on such member's lot has been paid. A reasonable charge may be made by the Board for the issuance of the certificate. Such certificate shall be conclusive evidence that payment has been made
  5. To foreclose any liens which may arise through the failure of any member to comply with the Declarations or these By-Laws. Such foreclosure shall be pursuant to the laws of the State of South Carolina as provided for in the case of foreclosure of liens upon property
  6. To procure and maintain adequate liability and hazard msurance 111 behalf of The Association
  7. To cause all officers or employees having fiscal responsibilities to be bonded as deemed appropriate
  8. To provide for the maintenance of the properties and facilities of The Association.

ARTICLE VIII

DIRECTORS' MEETINGS

Section 8.1

Regular Meetings. A regular meeting of the Board of Directors shall be held on the first Monday of each month at 8:00 p.m.; provided, however, the Board of Directors may, by a majority vote, change the day and hour of holding such regular meeting.

Section 8.2

Notice. Notice of such regular meeting is hereby dispensed with.

Section 8.3

Special Meetings. Special meetings of the Board of Directors shall be held when called by any officer of The Association or by any two (2) Directors. At least five (5) days' notice shall be given for any special meeting.

Section 8.4

Quorum. A quorum for the transaction of business at any regular or special meeting of the Directors shall consist of a simple majority of the Board then holding office; but the majority of those present at any regular or special meeting shall have power to adjourn the meeting to a future time. Members who are not in good standing with the Association shall not be counted toward the quorum hereunder. Good standing is defined as not delinquent on any Regular or Special Assessment payment; not in violation of any of the Association's Rules and Regulations, the Declaration or these Bylaws; and not in violation of any Architectural Review requirements.

ARTICLE IX

OFFICERS

Section 9.1

Officers. The officers of The Association shall be a President, a Vice President, a Secretary and a Treasurer, who shall be elected by a majority vote of the Directors for a term of one (1) year, and shall hold office until their successors are duly elected and qualified. No one shall be eligible to the office of President or Vice President who is not a director of The Association and any such officer who ceases to be a director shall cease to hold office as President or Vice President as soon as his successor is elected and qualified. Two (2) offices of The Association may be held by one person.

Section 9.2

President. The President shall preside at all Directors' and Members' Meetings; shall have general supervision over the affairs of The Association and over the other officers; he shall sign all membership certificates, written contracts, checks and notes of The Association and shall perform all such other duties as are incident to his office.

Section 9.3

Vice President. In case of the absence or disability of the President, his duties shall be performed by the Vice President.

Section 9.4

Secretary. The Secretary shall issue notices of all Directors' and Members' Meetings, and shall attend and keep the Minutes of the same. He shall have charge of The Association's books, records and papers, and shall be custodian of the corporate seal, membership certificates and written contracts of The Association. He shall maintain a current membership roster and shall perform all such other duties as are incident to his office.

Section 9.5

Treasurer. The Treasurer shall have custody of all money and securities of The Association. He shall keep regular books of account and shall submit them, together with all his vouchers, records and other paper, to the Directors for their examination and approval as often as they may require. The Treasurer shall, together with the President (or Vice President), sign all checks and notes of The Association and shall perform all such other duties as are incident to his office.

ARTICLE X

COMMITTEE

Section 10.1

Appointment. The Association's Board of Directors shall appoint an Architectural Control Committee as provided in the Declaration and a Nominating Committee as provided in these By-Laws.

Section 10.2

Architectural Control Committee. The Architectural Control Committee shall have the duties and functions described in the Declaration. This Committee shall have the primary responsibility of protecting The Association and its properties against any programs or activities which may, in the opinion of this Committee, adversely affect The Association or the properties, whether in terms of value or otherwise. The Architectural Control Committee shall advise the Board of Directors regarding The Association's action concerning any such matters which may arise.

Section 10.3

Nominating Committee. The Nominating Committee shall have the duties and functions described in Article VI of these By-Laws.

Section 10.4

Other Committee. The Board of Directors may appoint other Committee as it may deem appropriate in carrying out the purposes of The Association.

Section 10.5

Complaints. It shall be the duty of each Committee to received complaints from members on any matter involving The Association's functions, duties and activities within its area of responsibility. Each such Committee shall dispose of such complaint as deemed appropriate or refer them to such other Committee, a Director or an Officer of The Association as may be concerned with such complaint.

ARTICLE XI

MEMBERS' MEETINGS

Section 11.1

Annual Meeting. The annual meeting of the members shall be at 5:00 p.m., on the second Tuesday in May of each year, at the principal office of The Association. At such meeting, the members shall elect directors as herein provided.

Section 11.2

Special Meetings. A special meeting of the members, to be held at the same place as the annual meeting, may be called at any time by the President, or, in his absence, by a Vice President, or by any two of the Directors. It shall be the duty of the Directors, President or Vice Present to call such a meeting whenever so requested in writing by twenty (20%) per cent or more of the members.

Section 11.3

Notice. Written notice of the time and place of all annual and special meetings shall be mailed or given personally by the Secretary to each member ten (10) days before the thereof.

Section 11.4

Presiding Officer. The President, or in his absence, a Vice President, shall preside at all such meetings.

Section 11.5

Quorum. The presence at the meeting of members entitled to cast one-tenth (1/10) of the votes of the membership shall constitute a quorum for any action unless otherwise provided in the Declaration or these By-Laws. If however, such quorum shall not be present at any meeting, the members entitled to vote at such meeting shall have the power to adjourn the meeting from time to time without notice other than announcement at the meeting until a quorum as aforesaid shall be present.

Section 11.6

Proxies. Proxy voting shall not be allowed.

ARTICLE XII

BOOKS AND RECORDS

Section 12.1

The books, records and papers of The Association shall at all times, during reasonable business hours, be subject to the inspection of any member.

ARTICLE XIII

ASSESSMENTS

Section 13.1

Annual and Special Assessments. Annual and special assessments shall be determined, levied, collected, and enforced as provided in the Declaration and in these By-Laws. All members shall be subject to such assessments as provided for in the Declaration or By-Laws.

By taking title to a Lot in the Association, each Owner agrees to be personally obligated to pay to the Association the Assessments and the Association's costs of collection, including without limitation, any collection fees, attorneys' fees, late fees, administrative fees and charges, and court costs incurred in collecting the Assessments, or in enforcing or attempting to enforce the Declaration, By-Laws, Architectural Guidelines and Regulations. Said Assessments, and all costs, including without limitation, any collection fees, attorneys' fees, late fees, administrative fees and charges, and court costs incurred shall be a charge on the land and shall be a continuing lien upon the Lot or Lots against which such Assessments are levied.

Owners of any Lot shall share in the obligation of any other Owner of that Lot and shall be jointly and severally liable for any Assessments and the Costs of Collection that are attributable to that Lot. In the event an Owner holds title to multiple Lots in the Community, including without limitation, builders, the Association's continuing lien shall be treated as one all-encompassing lien over all the Lots of that Owner.

Any Assessments not paid by the due date shall bear interest from the due date at the rate of eighteen percent (18%) per annum or, if eighteen percent (18%) is higher than allowed by law, then the highest rate allowed by law. In addition, the Board of Directors shall have the right to charge an Association collection or late charge on any Assessment or installment thereof which shall not have been paid by its due date.

In the event that the Board of Directors chooses an installment schedule for the method of payment for an Assessment or as a method of allowing an Owner to pay past due Assessments, and in the event that any installment is delinquent, the Board of Directors shall have the right to accelerate and immediately make due all or part of the Assessment due from that Owner of that Lot for that budgeted period.

The Board of Directors may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien created herein against the Lot(s) in the same manner as prescribed by the Laws of the State of South Carolina for the foreclosure of mortgages on time shares or for the foreclosure of mortgages by judicial proceedings, and may seek a deficiency judgment, and recovery of Costs of Collection.

No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Area or abandonment of his Lot nor shall damage to or destruction of any Improvements on any Lot by fire or other casualty result in any abatement or diminution of the Assessments provided for herein. No disagreement on the part of any Owner with respect to the budget; the amount or installment schedule for any Assessment; any change to the amount or installment schedule for the Assessment; the Regulations established or amended by the Board of Directors; the actions or lack of action on the part of the Association; the purpose for any Assessment for Capital Repair or Improvements; or the amount or purpose of any Assessment for Budgetary Shortfall shall be reason for any Owner to fail to pay any Assessment at the time that it is due. Additionally, no diminution or abatement of assessments or set-off shall be claimed or allowed any alleged or proven failure of Association or Board of Directors to take some action or perform some function required of it, or discomfort arising from the making of repairs or improvements, or from any other action taken or not taken by the Association or Board of Directors. The Board of Directors may at any time notify the holder of any mortgage or other lien on a Lot of (1) any amount owed to the Association by the Lot Owner, (2) the failure of the Lot Owner to pay Assessments, or (3) the occurrence of any other violation of the Declaration.

ARTICLE XIV

AMENDMENTS

Section 14.1

Amendment of By-Laws. These By-Laws may be amended at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person and entitled to vote, or at a regular or special meeting of the Board of Directors, by a vote of a majority of a quorum of directors present in person and entitled to vote, provided that those provisions of these ByLaws which are governed by the Articles of Incorporation of this Association may not be amended except as provided in the Articles of Incorporation or applicable law; and provided further than any matter stated herein to be or which is in fact governed by the Declaration applicable to the properties may not be amended except as provided in such Declaration.

Section 14.2

Conflict. In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the ease of any conflict between the Declaration applicable to the properties and these By-Laws, the Declaration shall control.

ARTICLE XV

SEAL

Section 15.1

The corporate seal of The Association, which consists of two concentric circles between which is the name of The Association and in the center of which is inscribed "Seal", and such seal, as impressed on the margin hereof, it adopted as the Corporate Seal of The Association.

ARTICLE XVI

FISCAL YEAR

Section 16.1

The fiscal year of The Association shall begin on the 1st day of January and end on the 31st day of December of every year.

ARTICLE XVII

PROCEDURE

Section 17.1

The Association shall conduct its meetings in accordance with procedure as set forth in Roberts' Rules of Order, latest edition, except where the within By-Laws provide otherwise.

ARTICLE XVIII

MISCELLANEOUS

Section 18.1

In case of any conflict with the mandatory provisions of the Act, the mandatory provisions of the Act shall control.

Section 18.2

The Association shall indemnify an individual made a party to a proceeding because the individual is or was a Director or officer against liability incurred in the proceeding if the individual complies with the requirements of the Act and shall pay for or reimburse the reasonable expenses incurred by the Director or officer who is a party to a proceeding in advance of final disposition of the proceeding if the Director or officer complies with the terms of the Act.

Section 18.3

The Board shall interpret the terms of the By-Laws and its interpretation shall be final.

[SIGNATURE PAGE FOLLOWS]

Signature Page

IN WITNESS WHEREOF, the Association has by its duly authorized officer set its hand and seal this 3rd day of April, 2014.

WITNESSES: Briarcliffe Homeowners Association, Inc.
By: <Angela S. Hook signature> By: <David J. Mottershead signature>
Name: Angela S. Hook Name: David J. Mottershead
<Misse Simpson signature>
Name: Misse Simpson






STATE OF SOUTH CAROLINA ) ACKNOWLEDGEMENT
)
)

 

I, Mary R. Simpson, a Notary Public for the State of South Carolina, do hereby certify that Briarcliffe Homeowners Association, Inc., by David J. Mottershead, its President personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

Given under my hand and official seal this 3rd day of April, 2014.

<Mary R. Simpson signature>

Notary Public for South Carolina

My Commission Expires: 2/10/2022

EXHIBIT "A"

The real property affected by these By-Laws encompasses all those certain pieces, parcels or lots of land situate, lying and being in Richland County near Pontiac, South Carolina, being shown and designated on the following plats:

  • Plat Book X, Page 1583 & 1583A - Acreage for Cooper Investment, Inc.
  • Plat Book X, Page 2099 & 2099A- Acreage for Cooper Land & Timber Co., Inc.
  • Plat Book X, Page 3383 & 3383A- Briarcliffe Estates- Section I-A.
  • Plat Book X, Page 4915 & 4915A- Briarclifte Estates- Section 1-B.
  • Plat Book Y, Page 2782 & 2782A- Briarclifie Estates- Section I-A.
  • Plat BookY, Page 6642- Briarcliffe Estates- Section II-A.
  • Plat BookY, Page 7360- Briarcliffe Estates- Section II-A.
  • Plat BookY, Page 7425 Briarclitie Estates- Section II-A.
  • Plat Book Z, Page 170- Briarcliffe Estates- Section I-A.
  • Plat Book Z, Page 5495- Briarcliffe Estates- Section II-B.
  • Plat Book Z, Page 7928 Briarcliffe Estates- Section II-B.
  • Plat Book 50, Page 6258 Briarcliffe Estates -33.90 Ac. (future Phase II-C.)
  • Plat Book 50, Page 6770- Briarcliffe Estates -Phase II-C.
  • Plat Book 52, Page 3051 - Briarcliffe Estates -Phase III Section "A"
  • Plat Book 52, Page 3062 Briarcliffe Estates- Force Main Easement
  • Plat Book 52, Page 6211 Briarcliffe Estates -Phase III Section "A"
  • Plat Book 53, Page 2796 Briarcliffe Estates -Phase III-B
  • Plat Book 53, Page 4925- Briarcliffe Estates- Phase III-B
  • Plat Book 54, Page 1822 Briarcliffe Estates -Phase III -C
  • Plat Book 57, Page 43 - Briarcliffe Estates -Phase IV (Boundary Plat)
  • Plat Book 57, Page 1015 - Briarcliffe Estates -Phase 4