The Preserve at Trollingwood

Protective Covenants

WHEREAS, the undersigned, TROLLINGWOOD REALTY COMPANY is the Owner of adjoining tracts of land, containing in the aggregate 340.2 acres, more or less, situate, lying and being between Fork Shoals and Augusta Roads on both sides of South Carolina Secondary Highway No. 50 about thirteen (13) miles south from the City of Greenville, South Carolina.

WHEREAS, certain portions of said property, including that fronting on a lake known as Trollingwood will be conveyed by the undersigned from time to time, and the Owners thereof are desirous of restricting all or certain portions of said property in certain particulars in order to maintain a general scheme of orderly development of the premises; and,

WHEREAS, the undersigned has, at this time, decided to develop for sale as restricted lots, that portion of the above described premises known and designated as "Trollingwood Section I", according to a plat thereof, dated August 17, 1970, and revised December 21, 1970, prepared by R. B. Bruce, Surveyor, and recorded in the R.M.C. Office for Greenville County in Plat Book 4F at Page 58, and desires to impose the restrictions set forth herein on Lots 1-48 as shown on said Plat, with the right of undersigned to impose these or other restrictions on subsequent sections of Trollingwood Subdivision all of which restrictions shall be enforceable by the Owners of any of the property now or subsequently restricted in said 340.2 acre tract against any other owner of restricted property in said tract.

NOW, THEREFORE, the undersigned, do hereby impose the following restrictions and protective covenants on Lots 1-48 of "Trollingwood-Section I", as shown on the aforementioned Plat (hereinafter referred to as the "Tract").

These covenants are to run with the land and shall be binding on all parties, and all persons claiming under them until January 1, 1990, at which time said covenants shall be automatically extended for successive periods of ten years unless by vote of a majority of the then owners of the premises it is then agreed to change said covenants in whole or in part.

If the parties hereto (including the owner of any portion of the premises) or any of them or their heirs, successors or assigns shall violate or attempt to violate any of the covenants herein it shall be lawful for any other person or persons owning any real property situated in said development which is subject to these restrictions to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenants and either to prevent him or them or it from so doing or to recover damages or other dues for such violation.

Invalidation of any of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.

1. All property within the tract shall be known and described as residential property, except, however, the committee provided in Paragraph 2 may in its sole discretion designate certain portions thereof for educational and/or religious purposes, and such use shall not be a violation of these covenants. No structures shall be erected, altered, placed or permitted to remain on any residential building plot other than one detached single family dwelling not to exceed two and one-half stories in height, a private garage, guest house, domestic employee's quarters and other non-commercial outbuildings such as a child's play house, a small hobby greenhouse and structures of a like nature. Garages may be attached to residences and, if not so attached, shall be located at a location approved by the committee provided in Paragraph 2. If any of the owners of the lots bordering on the lake known as Trollingwood Lake desires to build a retaining wall or concrete apron on the shore of the lake, he shall first obtain approval of the plans and materials for such from the architectural committee set forth in Paragraph 2, which Committee shall develop and enforce a uniform plan for the type of such wall or apron and the materials that can be used therein.

2. No building, including the dwellings, guest house, detached garages and outbuildings shall be erected, placed or altered on any plot in this development until the building plans, specifications, and plot plans showing the location of such building have been approved in writing as to conformity and harmony of external design with existing structures in the subdivision, and as to location of the building with respect to topography and finished ground elevation, by a committee composed of R. B. Landers, Frank B. Halter, and William R. Wyatt. In the event of death or resignation of any member of said committee, the remaining member or members shall have full authority to approve or disapprove such design and location, to designate a successor or successors to the member or members so deceased or resigning, or to designate a representative to act for the committee. In the event said committee or its designated representative fails to approve or disapprove such design or location within thirty days after such plans and specifications have been submitted to it, or in any event, of no suit to enjoin the erection of such building or the making of such alterations has been commenced prior to the completion thereof, such approval will not be required and this covenant shall be deemed to have been fully complied with. Neither the members of such committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. The powers and duties of such committee and its designated representative shall cease on and after January 1, 1988. Thereafter, the approval required on this covenant shall not be required unless prior to said date and effective thereon a written instrument shall be executed by the then owners of a majority of the lots in this subdivision and duly recorded, appointing a representative or representatives who shall thereafter exercise the same powers previously exercised by such committee.

3. No noxious or offensive trade or activity shall be carried on upon any of the property nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No business, trade or commercial activity of any kind shall be conducted in any building or on any portion of any of the property.

4. No trailer, basement, tent, shack, garage, barn or other outbuilding erected in the tract shall at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence.

5. The ground floor area of the main structure, exclusive of one story open porches and garages located on a plot fronting on the lake shall not be less than 2,200 square feet in the case of a one-story structure nor less than 1,800 square feet on the first floor in the case of a one-andone-half, two or two-and-one-half story structure. The ground floor area of the main structure, exclusive of one story open porches and garages on all other plots, shall be not less than 2,000 square feet in the case of a one-story structure nor less than 1,500 square feet on the first floor in the case of a one and one-half, two or two and one-half story structure.

6. No residential plot shall have a frontage of less than 100 feet on a public street unless said plot has an area in excess of one and one-half acres.

7. No building shall be located nearer to the adjoining street or streets than 50 feet. No building shall be located nearer than 75 feet to the lake. No building shall be located nearer to any side or rear lot line than the distance represented by ten (10%) per cent of the average width of such lot. The main structure erected on any plot shall face the street on which such plot faces, but the committee provided in Paragraph 2 hereof may permit said main structure to face the lake on a plot having lake frontage.

8. A five foot easement is reserved along all lot lines for drainage and utility installation and maintenance; provided, however, that when more than one lot shall be used as a site for only one residence, the aforesaid five foot easement shall apply only with respect to the exterior side and rear lines of such consolidated lot.

9. No surface closet shall ever be used on any portion of any of said plots; all sewerage disposal shall be by a system approved by the appropriate public health authorities, including the South Carolina Pollution Control Authority.

10. No plots conveyed by the parties hereto shall be resubdivided so as to create an additional building plot. This provision is not intended to prevent cutting off a small portion or portions of any plot for the purpose of conveying the same to an adjoining plot owner; but under no circumstances may an owner of any plot, except the undersigned or any of them, sell, lease or permit the use of any part of said plot as a way or entrance to any other property, whether within or without the property covered by these restrictions.

11. No fence, wall or hedge shall be erected or planted along any lot line and no tank for the storage of fuel above the surface of the ground shall be erected upon any plot, unless under the provisions of Paragraph 2, hereof the approval of the Committee shall have been first obtained.

12. No livestock, fowl, or animals of any kind, except dogs, cats and other household pets, shall be maintained or kept upon any plot, except that a maximum of two saddle horses or ponies may be kept on any plot with approval of the committee provided in Paragraph 2.

13. No property owner shall engage in any activity which will result in the deposit or accumulation of trash, refuse, debris, or other objectionable matter, in or upon the waters of the lake on the premises. No motorboats shall be operated on said lake except those powered by small electric batteries and no boat shall exceed fourteen (14) feet in length. No boathouse, boat shed, dock or similar structure shall be erected upon the waters of said lake or adjacent to the margin of said lake, except upon approval of the committee set forth in Paragraph 2. No persons shall be permitted to use said lake except those having an interest in a plot or plots which front on said lake, who shall be shareholders in the corporation owning the lake, their guests and invitees, of whom shall use the lake at their own risk.

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Modifications to Covenents,
Condition, Restrictions and Easements
Trollingwood Subdivision, Phase 2

WHEREAS TROLLINGWOOD INVESTMENT GROUP, LLC, "Declarant,", is owner of property shown as TROLLINGWOOD, PHASE 2 as shown on plat of TROLLINGWOOD PHASE 2 SHEET 1 OF 2 AND SHEET 2 OF 2, recorded in the ROD of Greenville County in plat book 1365 page 13 and page 14 , desires to subject said real property to certain Covenants, Conditions and Restrictions:

NOW THEREFORE, Declarant hereby imposes upon the said real property those certain PROTECTIVE COVENANTS heretofore recorded in the ROD of Greenville County in deed book 906 page 400, as those covenants are modified herein. In the event of conflict between those PROTECTIVE COVENANTS and the terms hereof, the provisions of this document shall control

FURTHER, Declarant declares that the provisions of those PROTECTIVE COVENANTS ER, Declarant declares that the provisions of those PROTECTIVE COVENANTS referred to above, as applied to TROLLINGWOOD PHASE 2 shall be modified as follows:

  1. Minimum heated square footage, in the case of a single story structure, shall be 1800 square feet. In the instance of a two story structure the minimum heated square footage of the first floor shall be 1500 square feet of heated space and the total heated square footage shall be no less than 1800 square feet of heated space.
  2. The residence shall have a minimum 2 car garage, which may be front, side or back loading and may be attached or free standing.
  3. Roof Pitch of a structure shall be no less than 8/12.
  4. Exterior finish of structures shall be either brick, cement plank, stucco, stone or a combination thereof.
  5. Roof composition shall be either architectural shingles, standing seam metal, slate or wood shake.
  6. All driveways shall be concrete.
  7. Foundations of all structures shall be either crawl space, slab or basement. All foundations shall have brick or stucco finish.
  8. DECLARANT shall solely perform all duties and functions of the architectural committee until such time as it has relinquished its duties.
  9. Minimum lot size shall be one ( 1.0) acre.
  10. These covenants shall be applicable for an initial period of twenty (20) years. At the expiration of the initial 20 year period these covenants shall automatically renew for successive period of ten ( l 0) unless the majority of the owners in Phase 2 execute and record a document repealing these covenants prior to the expiration of the initial 20 years, or any ten year extension thereof. Said repeal shal 1 be effective as of the encl of the initial twenty (20) year period, or a ten (10) year extension, in which the repealing document shall be recorded.
  11. Owners in Trollingwood Subdivision, Phase 2 have no access to the lake and no use thereof.
  12. The property designated on the above referenced plat as open space shall be subject to an open space easement to be recorded in the ROD of Greenville County, SC which shall be granted to TROLLINGWOOD II HOA, INC. The trees and other natural amenities shall be protected. During the development phases the removal of trees and natural vegetation shall be permitted for the purpose of utility crossing easements, passive recreational uses and drainageways. Neither the developer, property owners or other subsequent contractors or builders shall remove ot destroy trees or natural vegetation WITHIN TI-IE Open Space v,1ithout the express written permission from the homeowners association.
  13. The by-laws of the TROLLINGWOOD II HOA, INC., shall be in the form attached hereto as Exhibit A.

IN ALL OTHER RESPECTS the said PROTECTIVE COVENANTS referred to above shall remain in full force and effect, except as amended hereby.

Declarant, by and through its authorized representative, and through its authorized representative, and the below signed Owners, have caused this instrument to be executed this the 19th Day of December, 2019

Trollingwood Investment Group
Thomas M Kassab

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Signed Document


By-Laws of
Trollingwood II HOA, Inc.

I.  NAME

The name of the association is TROLLINGWOOD II HOA, INC., (the "Association").

II.  PRINCIPAL OFFICE

The principal office of the Association shall be located at One Kascar Plaza, Greenville , SC 29605, South Carolina, but meetings of the Board of Directors may be held at such places designated by the Board in accordance with the provisions of these By-Laws.

III.  PURPOSES AND POWERS
  1. The Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for maintenance and control of the common areas and the roadways within the certain tract of property shown on a plat of a subdivision known as TROLLINGWOOD PHASE 2 dated 6/15/2019,and recorded in the RMC Office for Greenville County in Plat Book  1356  at Page   13  , and for such other purposes as may hereafter be brought within the jurisdiction of this Association.
  2. This Association shall exercise all of the powers and privileges and perform all of the duties and obligations of the Association now or hereafter granted or imposed as set forth in that certain Declaration of Restrictive Covenants, hereinafter called the "Declaration", applicable to the property and recorded or to be recorded in the RMC Office for Greenville County and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length;
  3. This Association shall fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration, and pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association.
  4. This Association shall have and exercise any and all powers, rights and privileges which a corporation organized under the Non-Profit Corporation Laws of the State of South Carolina by law may now or hereafter have to exercise.

IV.  MEMBERSHIP
  1. The owner of each lot shown on the aforesaid plat shall be a member of this Association and shall be entitled to one vote therein. When title to any lot is vested in two or more persons as tenants in common, the vote shall be exercised as they among themselves shall determine, but in no case shall more than one vote be cast per lot. Upon re-subdivision or combination of one or more lots for a single residence, the owner of such lots thenceforth existing shall thereafter be entitled to one (1) vote in this Association in accordance with the foregoing.
  2. Membership in this Association shall be appurtenant to and may not be separated from ownership of the lot which is subject to assessment by this Association.
V.  BOARD OF DIRECTORS
  1. The affairs of this Association shall be managed by a Board of three (3) Directors, who shall be members of the Association. The number of Directors may change by amendment of these By-Laws.
  2. The name and addresses of the original Directors of this Association are: Thomas M. Kassab, ________________ and ______________.
  3. The Directors shall be elected annually by the membership of the Association at its annual meeting and shall hold office for a period of three (3) years and until their successors have been elected and qualified. The terms of such directors shall be staggered so that one new director is elected each year, beginning with the first anniversary of the election of the initial board. The Chairman shall serve the initial three year term and shall designate which director shall serve the initial two year term.
  4. The Directors shall select from among themselves one (1) Director to serve as Chairman of the Board and said Chairman shall be empowered to call all meetings of the Board by giving reasonable notice of the same to the remaining Directors.
VI.  MEMBERS' MEETINGS
  1. The regular annual meeting date of the Association shall be established by the Board of Directors and shall be held on the date so established each year unless changed by resolution of The Board of Directors.
  2. Special meetings of the Association may be called by the Board of Directors.
  3. Notice of each meeting of the Association shall be given to each member in writing three days in advance thereof. Said notice shall be delivered personally or by mail to each member at the address registered with the Board and shall specify the time, place and general purpose of the meeting.
  4. One-half (1/2) of the voting membership shall constitute a quorum for the transaction of any business and, if a quorum be present, all matters shall be directed by a majority vote of those members present.
VII.  DISSOLUTION

The Association may be dissolved with the assent given in writing and signed by not less than one hundred percent (100%) of the members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association, shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to such similar purposes.

VIII.  AMENDMENTS

Amendment of these By-Laws shall require the assent of seventy-five percent (75%) of the entire membership.

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