The First Amendment to the Declaration of Covenants, Conditions, and Restrictions for Barefoot Resort Nonresidential Properties, dated December 12, 2001.
It amends specific provisions in the original declaration to clarify certain legal and operational aspects of the Barefoot Resort Nonresidential community.
Key Amendments:
- Foreclosure and Transfer of Units:
- The amendment clarifies that the sale or transfer of any unit due to foreclosure or a deed in lieu of foreclosure of a first priority mortgage extinguishes the lien for any unpaid assessments due prior to the sale.
- Easements for Lake and Pond Maintenance:
- Silver Carolina Development reserves the right to access lakes, ponds, and wetlands within the community for maintenance, repairs, and improvements. These rights are transferred to the association when Silver Carolina no longer owns property in the development.
- Stormwater Drainage and Retention Easements:
- The document establishes non-exclusive easements across the properties within Barefoot Resort for the management of stormwater drainage and runoff, ensuring proper water flow between properties.
- Shuttle Service and Beach Club Use:
- The amendment mandates the establishment of a shuttle service as required by the development agreement and allows certain nonresidential owners the option to use the community’s beach club.
Purpose:
This First Amendment was created to address and refine operational details that became evident after the initial declaration was put into practice. It ensures the legal and physical infrastructure of the Barefoot Resort Nonresidential properties functions smoothly, particularly concerning assessments, easements, and community services.