River Walk Subdivision

Five Forks, South Carolina near Simpsonville

River Walk Restrictive and Protective Covenants

Editor’s Note:  The Restrictive Covenants document is an original dating to 1987. It has never been amended.

The Restrictive and Protective Covenants prohibit satellite dishes. The Federal Communications Commission (FCC) prohibits local governments or Homeowners Associations from doing so and has been since 1996. See THE FCC, HOMEOWNERS’ ASSOCIATIONS, AND SATELLITE DISHES by Christopher J. Beck, ATG Senior Law Clerk.  An HOA may set a design requirement but only if it does not “(1) unreasonably delays or prevents use of; (2) unreasonably increases the cost of; or (3) precludes a person from receiving or transmitting an acceptable quality signal from an antenna covered under the rule. ” Source: Federal Communications Commission

For ease of use, we’ve provided the text-only version shown below. A link to the downloadable PDF from Greenville County is shown to the right.  River Walk Restriction and Protective Covenants

(Filed with Greenville County, South Carolina – September 17, 1987 at 10:15 am Book 1305, Page 295)

These restrictions and protective covenants are applicable to the numbered lots of Sheets 1 and 2, sections 1-A and Sheet 1, Section 1-B, of River Walk, as recorded in the RMC Office for Greenville County in Plat Book 140, Pages 3 and 4.

I.          USES PERMITTED AND PROHIBITED

  1. All numbered lots shall be used exclusively for single family residential dwellings. All areas designated as multi-family on the plat are set aside for multi-family development.
  1. No trailer, basement, tent, shack, garage, barn, or other outbuildings erected upon any lot shall at any time be used as a residence, either temporarily or permanently. No structure of a temporary nature shall be used as a residence.
  1. No house trailer shall be placed on any lot either temporarily or permanently. Any camping trailer and/or similar equipment, used for the personal enjoyment of a resident of a lot, shall at all times be parked to the rear of the dwellings and shall not be parked in the front or side thereof.  Such equipment shall at all times be neatly stored and positioned to be inconspicuous.  No tree houses or play houses shall be erected on any lot unless previously approved in writing by the Architectural Committee.
  1. No noxious or offensive activity shall be carried on anywhere on the property subject to these covenants, nor shall anything be done thereon which may be or become a nuisance or menace to the neighborhood. No numbered lot or any part thereof shall be used for any business or commercial purpose.
  1. No animals shall be kept, maintained or quartered on any lots except that cats, dogs, and caged birds may be kept in reasonable numbers as pets for the pleasure of the occupants.
  1. The total area of all driveways shall be paved by plant mix concrete or asphalt.
  1. Nothing herein contained shall be construed to prevent the developer, Cothran Company, or their successors and assigns from maintaining sales offices and/or storage on any lot while the subdivision is in the process of being developed and houses under construction within the development.

 II.         SETBACKS, LOCATION AND SIZE OF IMPROVEMENTS AND LOTS

  1. By restrictive covenant the minimum building setback lines are 30 feet unless otherwise approved by the Architectural Committee. Furthermore, under no circumstances, shall any building be erected nearer the front lot line than the building setback line on the recorded plat (20 feet).  No residence shall be nearer to any side lot than a distance equal to 10% of the width of the lot measured at the building setback line.
  1. No lot shall be recut or combined with another lot without first obtaining the written permission of the Architectural Committee created under Article III hereof.
  1. Nothing herein contained shall be construed to prohibit the use of more than one lot or of portions of one or more lots as a single residential unit, provided, written approval thereof shall first be obtained from the Architectural Committee and, provided further, said site faces as required by these restrictions and the recorded plat.
  1. Twenty-four hundred (2400) square feet shall be the minimum floor space required on all numbered lots in Sheets 1 and 2, Section 1-A, and two thousand (2000) square feet shall be the minimum floor space required on all numbered lots in Sheet 1, Section 1-B of River Walk. In calculating the minimum floor space, the Architectural Committee may, within its sole discretion, give credit for one-half (1/2) of the total space in an enclosed garage, storage room, and porches under roof.
  1. No garage or other outbuilding more than two stories in height shall be erected upon any numbered lot. The entrance to a garage shall not face the street or be cater-cornered thereon, unless it has doors.  The entrance to all carports shall face the rear or the side of the lot, except on corner lots in which case the entrance must be from the rear.
  1. No above-ground swimming pools or satellite dishes may be constructed on any lot. (Editor’s note: satellite dishes are permitted by law since 1996 and not subject to local government or HOA restrictions.)

III.       APPROVAL OF PLANS, ALTERATIONS, OR MODIFICATIONS

  1. The Architectural Committee shall be composed of John C. Cothran, Mark A. Cothran and Wathal Bush. In the event of the failure or inability, for any reason, of a member to act, the vacancy created shall be filled temporarily or permanently, as necessary, by the remaining member(s) of the Committee.  Two members shall constitute a quorum and majority vote shall be required for the transaction of any business of the Committee.
  1. No improvements, buildings, structures, whether temporary or permanent, including, but not limited to, walls, fences, outbuildings, ground mounted antennas higher than the dwelling itself, modifications to the existing structures, such as enclosing a garage or adding a porch, shall be erected, placed, or altered on any lot or lots until and unless building plans to include at least a floor plan and front elevation, specifications (to include brick, or siding, color, roof color and other exterior finishes), specifications, along with a plot plan showing the location of proposed alterations or improvements have been approved in writing as to conformity and harmony of external design and consistence with plans of existing residences or other buildings and as to the location of the structure with respect to topography and finished ground elevation, by the Architectural Committee.
  1. In order to prevent duplication of buildings or improvements to be constructed in this section or adjacent section, the Committee is vested with full authority to approve or disapprove plans for the construction of any building or improvements with its major features so similar to an existing building or improvement as to be construed as a practical duplication thereof in the discretion of the Committee.
  1. In the event said Committee fails to approve or disapprove the design of a residence or major addition to the residence within thirty (30) days after said plans have been submitted to it, or in any event, if no suit to enjoin the erection or alteration of such building or improvement has been commenced before such erection or alteration is substantially completed, such prior approval will not be required and this covenant will be deemed to have been fully complied with and no suit or claim will be available to said Committee, nor to any lot owner or other persons. With respect to other additions, such as walls, fences, outbuildings, etc., any owner erecting or installing any such improvement or modification without proper approval of the Architectural Committee will be subjected to all legal remedies available under these restrictions, except that if no action has been instituted within twelve (12) months following the completion of such alterations

or improvements, such prior approval will not be required and this covenant shall be deemed to have been fully complied with.

  1. The Committee is authorized by majority vote of its members to approve or ratify the construction or alteration of any building variances of the requirements here set forth under Section II, “Setbacks, Location, and Size of Improvements and Lots”, if in the opinion of a majority of the members of the Committee, the same be necessary to prevent undue hardship because of topography, the shape of any platted lot or the setback lines as shown on the recorded plat, and if in the opinion of the Committee such violation will cause no substantial injury to any other lot owner. In no event may the Committee approve or ratify a variance, as provided above, that would violate the minimum County requirements.
  1. Nothing in this section shall prevent the Architectural Committee from requesting the Homeowners’ Association to establish a subcommittee of the Architectural Committee, made up exclusively of homeowners, residents of River Walk, for the sole purpose of acting upon requests by existing owners to modify their residence or add an outbuilding. Such request shall include, but not be limited to, request to enclose a garage or screen porch, add a room, add an outbuilding for storage, fences and any other structure to be added to or modified on any numbered lot.

IV.       EASEMENTS

  1. As easement is reserved over the rear and side lot lines five feet in width of each lot for the installation, operation, and maintenance of utilities and for drainage purposes. Such easement across the lots, as are shown on the recorded plat, are also reserved.  Should two or more lots or parts of two or more lots be combined into one lot, then the drainage and utility easements not being used at that time down any intermediate lot lines would be null and void.

The right is further reserved within the five foot easement for grading changes and tree removal, if necessary, for the purpose of landscaping and drainage, all subject to the approval of the Architectural Committee.

  1. Any lots adjoining Holly Tree Country Club’s proposed third nine holes shall provide an additional easement to the Country Club’s members, guests, and invitees for the purpose of retrieving wayward golf balls during normal course of play.

V.        RECREATIONAL FACILITIES, COMMON GROUNDS AND MAINTENANCE CHARGES

  1. The developers are building, at their expense, a swimming pool, clubhouse, four tennis courts, off-street parking, jogging trails, and other designated recreational areas and amenities for the use and enjoyment of all residents of River Walk.
  2. The developers will form a not-for-profit corporation to be known as River Walk Recreation Association, Inc. (Association) which will own and operate the recreational facilities of the River Walk development. These facilities will include but not be limited to a swimming pool, clubhouse, tennis courts, off-street parking, jogging trails and other recreational amenities that may be created by the developers or the community in the future for the use and enjoyment of all the residents of River Walk.  The developers will initially exercise control over the affairs and activities of the Association and will subsidize its financial needs until such time as the community has enough homes in it to properly operate the Association.  The owner of every residence located in the subdivision known as River Walk, including all phases of the existing and future development of land now owned or which may hereafter be the River Walk Subdivision and community, shall be entitled to the use and enjoyment of the facilities by complying with the rules and regulations in effect concerning said use and paying the annual assessment then in force and effect.  When the developers elect to transfer the authority and responsibility for the operation and control of the Association, the owner of every residence shall become a voting member of the Association and be entitled to one (1) vote regardless of the number of lots used in connection with his residence.  Voting rights, as well as the rights to use the recreational facilities, shall be subject to the By-Laws of the Association.  Membership shall be appurtenant to and may not be separated from ownership of the property which is subject to assessment.
  1. Annual assessment consistent with the By-Laws of the above-referenced corporation shall be levied by the corporation against each residence in the subdivision. This assessment shall be based on the residence only, but shall be a lien upon all lots or portions of lots used by an owner in connection with his residence.  Said assessment shall be due and payable to the corporation on May 1, of each year to cover the fiscal year beginning May 1, and ending on April 30, of each year.  Any assessment not paid within thirty (30) days after the due date thereof shall bear interest from the due date at the legal rate of interest.  The acceptance of a deed by a grantee shall be construed to be a covenant by the grantee(s) to pay said assessment, which shall run with the land and be binding upon said grantee, his successors, heirs, and assigns.  No person may  waive or otherwise escape liability hereunder by the non-use of the facilities of the corporation of abandonment of the property.
  1. The corporation shall have the right to suspend the voting rights and right to use the recreational facilities of a resident for any period during which any assessment against his property remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. In addition, the corporation shall have the right to enforce by any proceeding at law or in equity all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this instrument.  In the event of non-payment of any assessment as set forth herein, the corporation may bring an action at law against the owner(s) personally obligated to pay same or foreclose a lien against property in the same manner that a real estate mortgage is foreclosed and interests, costs, and attorneys’ fees shall be added to the amount of such assessment.  The lien of the corporation against the property must be established by, and shall be effective from the time of filing of a Notice of Lis Pendens in the Office of the Clerk of Court of Greenville County.  Failure by the corporation, or any owner, to enforce any covenant or lien herein contained shall in no event be deemed a waiver of its right to do so.
  1. The lien of the assessments provided for herein shall be subordinate to the lien or any mortgage lien of laborers, contractors, or material men furnishing labor and materials in connection with the construction of improvements located on said property, unless prior to the filing thereof a Notice of Lis Pendens has been filed by the corporation for foreclosure due to nonpayment of its assessments. Sale or transfer of any residence shall not affect the assessment lien; however, the sale or transfer of any lot pursuant to foreclosure of a mortgage of material men’s or mechanic’s lien or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer unless prior to commencement of said action a Notice of Lis Pendens has been filed by the corporation to enforce the collection of any charges that shall become payable after the acquisition of title by a subsequent bone fide purchaser for value.
  1. The annual assessment to be levied by the corporation shall not apply to any lot so long as it is wholly owned or partially owned by Cothran Company, John C. Cothran, Mark A. Cothran, or any of the builders approved to build in River Walk development by the developers until such time as the property has been transferred from the builder to the homeowner. When the homeowner takes title from the builder, the homeowner shall pay a proportional share of the assessment in effect for that year, which partial assessment shall be due and payable at closing.  With respect to individuals who purchase lots with the expectation of later erecting a residence, when such individual takes title to the lot such individual shall pay a proportional share of the assessment in effect for that year, which partial assessment shall be due and payable at the time title is taken.
  1. As used herein, the term, “developers’ shall mean John C. Cothran and Mark A. Cothran, or Cothran Company, their successors or assigns.

 

VI.       MISCELLANEOUS

  1. No signs shall be permitted on any residential lots except that a single sign offering property for sale or for rent may be placed on any such lot provided such sign is not more that 24 inches wide and 20 inches high.
  1. The property within the subdivision is hereby declared to be a bird sanctuary and any hunting of any wild birds is hereby prohibited.
  1. The covenants herein contained are to run with the land and shall be binding on all persons claiming under them until the 31st day of December, 2007, at which time said covenants shall be automatically extended for successive periods of ten (10) years, unless by vote of the majority of the then owners of the lots, it is agreed to change said covenants and building restrictions in whole or in part.
  1. Additional real property may become subject to these Restrictive and Protective Covenants without the approval of any purchaser or transferee of the developers or the owner of any lot in River Walk by filing of record by the developers of Supplementary Restrictive and Protective Covenants with respect to the additional property, which shall automatically extend the scheme of these Restrictive and Protective Covenants with respect to such property. Such Supplementary Restrictive and Protective Covenants may contain such additions and modifications of these Restrictive and Protective Covenants as may be necessary to reflect the different character of added properties.  The developers reserve the right to add additional recreational facilities that in the developers’ opinion may be needed, either because of the level of use occasioned by the existing River Walk residents at a given point in time, or by the addition of other property that may be subsequently acquired and become a part of the River Walk community.  In such an event, the developers reserve the right to structure the use of additional facilities, as well as existing facilities, to include all residents of the River Walk development.  In no event shall Supplementary Restrictive and Protective Covenants that would apply to subsequent property to be developed as a part of the overall River

Walk community revoke, modify, or add to the covenants established by these Restrictive and Protective Covenants, as they relate to the lots in Sheets 1 and 2, Section 1-A and Sheet 1, Section 1-B, as recorded in the RMC Office in Plat Book 14-0, Pages 3 and 4.

  1. All mailboxes and posts used in River Walk shall be of a uniform design and construction as approved by the Architectural Committee. The cost is the responsibility of the homeowner.

Executed and delivered this 16th day of September, 1987.

John C. Cothran

IN THE PRESENCE OF:

Schafer B. Kendrick

Elizabeth M. Alewine

STATE OF SOUTH CAROLINA      )

P R O B A T E

COUNTY OF GREENVILLE            )

PERSONALLY appeared the undersigned witness and made oath that (s)he saw the within named JOHN C. COTHRAN sign, seal and as his act and deed, deliver the within Restrictive and Protective Covenants for River Walk Subdivision, and that (s)he, with the other witness subscribed above, witnessed the execution thereof.

SWORN TO before me this 16th

day of September, 1987                      )

)

)           Elizabeth M. Alewine

Schafer B. Kendrick                (LS      )

Notary Public for South Carolina

My Commission Expires: May 31, 1989)

Amendments

 

1988-12-09, Book 1346, Page 558

The plat of Sheet Two, Phase 1-9, of River Walk is recorded in the RMC Office for Greenville Count, South Carolina in Plat Book 16-E, page 19. All numbered lots of Sheet Two, Phase 1-B as recorded aforesaid are hereby made subject to the Restrictive and Protective Covenants for River Walk Subdivision recorded September 17, 1987, in Deed Book 1305, page 295, et seq., reference to which is hereby craved.

1989-08-30, Book 1371, page 760

The plat of Sheet Three, Phase 1-A, of River Walk is recorded in the RMC Office for Greenville County, South Carolina in Plat Book 16-E, Page 62.  All numbered lots of Sheet Three, Phase 1-A as recorded aforesaid are hereby made subject to the Restrictive and Protective Covenants for River Walk Subdivision recorded September 17, 1987, in Deed Book 1305, page 295, et seq., reference to which is hereby craved.

1990-01-31, Book 1387, page 80

The plat of Sheets One and Two, Phase 2-A, of River Walk is recorded in the RMC Office for Greenville

County, South Carolina in Plat Book 17-Y, page 27, et. Seq.,  All numbered lots of Sheets One and Two, Phase

2-A as recorded aforesaid are hereby made subject to the Restrictive and Protective Covenants for River Walk Subdivision recorded September 17, 1987, in Deed Book 1305, page 295, et seq., reference to which is hereby craved.

1990-07-27, Book 1406, page 905

The plat of Sheets One and Two, Phase 2-A, of River Walk is recorded in the RMC Office for Greenville

County, South Carolina in Plat Book 17-Y, pages 26 and 27.  All numbered lots of Sheets One and Two, Phase

2-A as recorded aforesaid are hereby made subject to the Restrictive and Protective Covenants for River Walk Subdivision recorded September 17, 1987, in Deed Book 1305, page 295, et seq., reference to which is hereby craved.

1992-06-08, Book 1476, page 564

All numbered lots of Section 1, PHASE 2-B, of River Walk as shown on plat recorded in the R.M.C. Office for Greenville County, South Carolina in Plat Book 21-Z at page 8 are hereby made subject to the Restrictive and Protective Covenants for River Walk Subdivision recorded September 17, 1987, in Deed Book 1305, page 295, et seq., reference to which is hereby craved, excepted, however, that Article II. SET BACK, LOCATION AND SIZE OF IMPROVEMENTS AND LOTS Paragraph (4) is amended to read as follows:

  1. No one-story shall be constructed on any of the lots containing less than two thousand two hundred (2,200) heated square feet of floor space. No two-story, split-level, or story and a half residence shall be constructed on any of the lots containing less than two thousand four hundred (2,400) heated square feet of floor space. In calculating the minimum floor space, the Architectural Committee may, within its sole discretion, give credit for one-half (1/2) of the total space in an enclosed garage, storage room, basement and porches under roof.

1993-07-01, Book 1520, page 912

All numbered lots of Section 2, Phase 2-B, of River Walk as shown on plat recorded in the R.M.C. Office for

Greenville County, South Carolina in Plat Book 22-Z at Page 74 are hereby made subject to the Restrictive and Protective Covenants for River Walk Subdivision recorded September 17, 1987, in Deed Book 1305, Page 295, et seq., reference to which is hereby craved, excepted, however, that Article II. SETBACK, LOCATION AND SIZE OF IMPROVEMENTS AND LOTS Paragraph (4) is amended to read as follows:

  1. No one-story shall be constructed on any of the lots containing less than two thousand two hundred (2,200) heated square feet of floor space. No two-story, split-level, or story and a half residence shall be constructed on any of the lots containing less than two thousand four hundred (2,400) heated square feet of floor space. In calculating the minimum floor space, the Architectural Committee may, within its sole discretion, give credit for one-half (1/2) of the total space in an enclosed garage, storage room, basement and porches under roof.

1993-08-09, Book 1525, page 933

The plat of Phase 3-A, of River Walk is recorded in the RMC Office for Greenville County, South Carolina in

Plat Book 24-I, Page 63.  All numbered lots of  Phase 3-A as recorded aforesaid are hereby made subject to the Restrictive and Protective Covenants for River Walk Subdivision recorded September 17, 1987, in Deed Book 1305, page 295, et seq., reference to which is hereby craved.

1994-11-17, Book 1590, page 359

The plat of Phase 4-A, of River Walk is recorded in the RMC Office for Greenville County, South Carolina in Plat Book 28B at Page 41 & 42.  All numbered lots of  Phase 4-A as recorded aforesaid are hereby made subject to the Restrictive and Protective Covenants for River Walk Subdivision recorded September 17, 1987, in Deed Book 1305, page 295, et seq., reference to which is hereby craved.

1994-11-17, Book 1590, page 360

All numbered lots of Phase 4-B, Sheet 1, River Walk is recorded in the RMC Office for Greenville County, South Carolina in Plat Book 28B at Page 98.  All numbered lots of Phase 4-B, Sheet 1 as recorded aforesaid are hereby made subject to the Restrictive and Protective Covenants for River Walk Subdivision recorded September 17, 1987, in Deed Book 1305, Page 295, et seq., reference to which is hereby craved, excepted, however, Paragraph (4) is amended to read as follows:

  1. No one-story shall be constructed on any of the lots containing less than two thousand two hundred (2,200) heated square feet of floor space. No two-story, split-level, or story and a half residence shall be constructed on any of the lots containing less than two thousand four hundred (2,400) heated square feet of floor space. In calculating the minimum floor space, the Architectural Committee may, within its sole discretion, give credit for one-half of the total space in an enclosed garage, storage room, basement and porches under roof.

1996-08-06, Book 1649, page 383

All numbered lots of Phase 4-B, of River Walk as shown on plat recorded in the RMC Office for Greenville

County, South Carolina in Plat Book 32-O at Page 76 are hereby made subject to the Restrictive and Protective Covenants for River Walk Subdivision recorded September 17, 1987, in Deed Book 1305, Page 295, et seq., reference to which is hereby craved, excepted, however, that Article II. SETBACK, LOCATION AND SIZE OF IMPROVEMENTS AND LOTS Paragraph (4) is amended to read as follows:

  1. No one-story shall be constructed on any of the lots containing less than two thousand two hundred (2,200) heated square feet of floor space. No two-story, split-level, or story and a half residence shall be constructed on any of the lots containing less than two thousand four hundred (2,400) heated square feet of floor space. In calculating the minimum floor space, the Architectural Committee may, within its sole discretion, give credit for one-half (1/2) of the total space in an enclosed garage, storage room, basement and porches under roof.

1996-08-06, Book 1649, page 385

All numbered lots of Phase 4-B, of River Walk as shown on plat recorded in the RMC Office for Greenville

County, South Carolina in Plat Book 32-O at Page 75 are hereby made subject to the Restrictive and Protective Covenants for River Walk Subdivision recorded September 17, 1987, in Deed Book 1305, Page 295, et seq., reference to which is hereby craved, excepted, however, that Article II. SETBACK, LOCATION AND SIZE OF IMPROVEMENTS AND LOTS Paragraph (4) is amended to read as follows:

  1. No one-story shall be constructed on any of the lots containing less than two thousand two hundred (2,200) heated square feet of floor space. No two-story, split-level, or story and a half residence shall be constructed on any of the lots containing less than two thousand four hundred (2,400) heated square feet of floor space. In calculating the minimum floor space, the Architectural Committee may, within its sole discretion, give credit for one-half (1/2) of the total space in an enclosed garage, storage room, basement and porches under roof.