Proposed Changes to the BCA Covenants & Restrictions
- Dec 7, 2024
- 17 min read
Updated: Jan 16
This information was published on Saturday, December 7. Any future edits to this page will be noted here.
Update: Sunday, January 5, 2025
Update Wednesday, December 18
A motion passed at the December 17, 2024 meeting will postpone voting on the proposed changes. The C&R Subcommittee will plan a meeting in 2025 to review the changes and a new timeline for voting will be announced.
Update: Monday, December 16
Added Subcommittee Research Materials section with additional supporting research documents.
Converted text links to buttons for easier access.
A message from the C&R Subcommittee:
"We want to thank you for your patience with this process and we hope this provides you all with some additional clarity. These potential changes affect the entire neighborhood - not just one individual or household. We wanted to ensure that the process was conducted legally and thoroughly! No single person or board can legally make changes to the community covenants alone.
This has been a labor of love for our community and we are excited for you to see our hard work and to put these proposed changes to a vote. Below you'll find a thorough look at our process, community feedback, the proposed changes, the voting process, and some frequently asked questions. We look forward to seeing you at the December 17 meeting!"
-The Covenants & Restrictions Subcommittee
Contents
Background
The Covenants & Restrictions Subcommittee (C&R Subcommittee) was formed following the BCA meeting in March 2024.
Subcommittee Membership
Miriam Baumgardner - Joined June 2024
Michael Clarke
Walter Desmond - Resigned in June 2024
Sarah Harrison
Claire Jenkins
Anna Linder - Joined June 2024
Patrick Ma
Mary Ann Snell
Maryann Weiss - Resigned in June 2024
Angela Woodruff
The subcommittee was tasked with proposing changes to the current (2017) BCA Covenants & Restrictions (C&Rs). In June 2024, they drafted proposed changes to the C&Rs and distributed ballots. Community response to the ballots indicated that further research needed to be done and wording needed to be revised.
Process
Following the June ballot, the C&R Subcommittee proposed a plan of action and timeline to ensure that all neighbors had an opportunity to be heard and provide feedback. During the process, unanticipated additional steps were identified and timelines needed to shift.
60-Day Comment Period (June through August): Comments were submitted via email, Facebook, in person, and submitted in writing to the Secretary. Specifically, residents were asked to comment on swimming pools, backyard chickens, personal work vehicles, signboards, or any other section of the C&Rs
30-Day Revisioning Period (August & September): During this period, the C&R Subcommittee met weekly to review all feedback, look for commonalities, review Dorchester County regulations, and draft proposed changes to the C&Rs.
Community Feedback Received (View the Original PDF Document)
To view all comments, click the arrow to expand the category.
General Comments
As anyone in the Legal Community reviewed subject proposed changes to the BOA Covenants and Restrictions for legality/enforceability with respect to current County and State statutes?
Does approval of the proposed changes to the BOA Covenants and Restrictions increase the liability ofthe Association?
Where does the Compliance Inspection Committee derive the authority to enter resident’s property (especially backyards) to assess compliance?
Why are renters given the opportunity/ability to vote/weight in on these proposed changes to BOA Covenants and Restrictions?
We noticed that it looks like the votes per property changed at some point to 2 votes per property and allows renter’s participation.. Request the Board look at possibly amending that to allow only one vote per property. I have served on Boards for about 20 years including developer representative on some.
Have never seen two votes per property. The only variation would be condos or townhomes where a unit owns a percentage (based on square feet) of common property and hold the same percentage in voting rights with the exception of selecting Board members. Also bothers us that renters have voting rights when they have no financial investment in the community.
Briarwood was built as a single-family community. Realize “single family” could be debated by some. We know of some cases where there are four generations living in a home. Realizing the world has changed since 1975, we can understand taking in children (and family) and parents as needed. The problem that brings is vehicles. The numbers are such that the vehicles end up in yards or on the street at times, there are so many cars on the street on Dunmow that it is a safety issue. On the south end, there have been times we felt emergency vehicles would have a hard time getting through. I’m not sure what the solution is or even if there is one.
There should not be a compliance committee. we already have those matters being handled by the Management company. No home should have more than one vote.
I am concerned about the fact that should I want to I can’t have a small business, like a home daycare, or have individual massage clients come to my house. even dog sitting.
There should only be 1 vote per home (address)
Compliance inspection committee: What kind of inspection, how often. Shouldn’t the management company handle the complaints?
Is there something in the Covenants about some of these back yards not being kept?
Residential Use of Property
Follow County code and allow home business use on the lot.
Swimming Pools
No 8 ft. fences
Why are outdoor “Hot Tubs” and “Spas” not mentioned in this document?
Are outdoor “Hot Tubs” and “SpasP subject to the same regulations pertaining to “Existing” pools and “Hot Tubs”?
How do the proposed changes in guidelines and regulations pertain to “Existing” pools and “Hot Tubs”?
The document mentions revocation of permits and licenses; who issues permits and licenses for pools?
Line 8 on new form - SC Law says no one not invited is trespassing. You are inviting the homeowner to be sued.
Would vote yes with change to 6 Ft for all pools (I assume they mean 6 ft. fence)
Above ground pools require a minimum of 6 ft. privacy fence and in-ground pools require a minimum of 4 ft. fence. Should be based on state law.
Above ground pools require a minimum of 6 ft. privacy fence.
As an inground pool owner who replaced my fence in the past 3 years, I know the cost of doing so is not in most people's budget, & most people putting in an above ground pool are doing so temporarily. * My ex hangs-out next door to me, with neighbors who just put up an above ground pool. I am definately a person with privacy concerns. But, I propose to anyone else with issues to use privacy hedges & other measures.
Voter circled the line about the 8ft fence with “NO” written above that.
Yes to above ground pools WITH the pool and fence requirements to follow the State of South Carolina Pool Enclosure & Safety Devices sect 3109 and follow Dorchester County Disturbing or Unnecessary Noise Ordinance 90-06 (enclosed are printed copy of each). The basics of that section is the entire pool must be enclosed with a 48 inch fence to no more than a 2 inch gap with self closing gates. Plus what is required of the homeowner Insurance company. Safety measures, Water Care, Equipment maintenance must be maintained by the homeowner/renter and Not cause a publicnusance. Noise and privacy issues which have not been resolved between the affected parties may contact the Property Management Company or Dorchester County Sheriff's Dept. Noncompliance may result in fines, liens and foreclosures. Briarwood Civic assoc. and HOA held harmless to all liabilities of pools etc. a) (If Unable to care pool due to documented illness or injury please reach out to XXXXX to see if a Briarwood neighbor volunteer can assist, create a phone tree of neighbors who can help). b) if NO prior ARC has never been submitted a 60 day time frame to submit one with suspentions fines from the day New bylaws are enacted.
I would like to see a revision made for above ground swimming pools from 2 feet to 4 feet. This is the standard size for most above ground pools.
May have above ground pools as they are called above ground and often times more than 2 feet out of the ground.
I don’t feel I should be required to replace their [my neighbors] 6ft portion or run an 8ft privacy fence parallel with their 6 ft. fence. State guidelines only require 6ft fences with proper safety measures in place.
I disagree with the way the COMPLIANCE INSPECTIONS SECTIONS are written. It is implied that the DESIGNATED MANAGEMENT COMPANY is being given access to a homeowners backyard at any time they suspect a violation, without the homeowner being notified of the time or day of the visit. This could be opening a can of worms up for the homeowner in the way of LAWSUITS (dog bites, or injury) or even dog(s) getting out of the yard. South Carolina Trespasisng laws says no one can enter private property without permission of the land owner.
Normal pools, Above/below ground, kiddie, hot tub should be in enclosed areas for child safety and behind fences /or standard 6’ privacy fencing. Flora and trees can add to obscurity. Noiy fence can be looked over, don’t over govern it. Pools can add value to homes if done tastefully and up kept.
Swimming pools shall not be nearer than six(6) feet to any lot line, (and must be located to the rear of the main dwelling) —Delete: and shall not project with their coping more than two (2) feet above the established lot
As far as fences the county and/or the state ordinances should be what is applicable
No 8 foot fences
No compliance inspections.
Swimming pool regulations are already covered in county ordinance
Compliance with state and county safety codes should be the only restrictions
There are no building code required for above ground pools unless you build around it
8 ft fences should be an option, not a requirement
safety regulations only require 6 ft fences
why periodic inspections. shouldnt it be based on a complaint with the chickens
no to compliance inspection
Support everything to have above ground pool. Do not Support #8 Compliance Inspection. Do not not people snooping around my property.
Allow any swimming pool providing it follows County regulations and the homeowner is responsible for personal insurance not regulated by the HOA. Absolutely no to the fence restrictions
I support the proposed swimming pool change to include above ground pools. The periodic inspections to prevent abandoned and broken pools is very important so as to prevent a dangerous situation.
Walls & Fences
Allow fences up to 8 ft.
Remove hedges height entirely except ones located along streets keep 3ft height for Driver safety. Keep minimum setbacks
Walls stay at 6ft except ones located along streets keep at 3 ft for divers safety. Keep minimum setbacks.
fences shall not exceed 10 ft in height from the minimum building setback line to the rear of the property line. Any shrubs, bushes or tres need to be properly groomed as to not interfere with neighbors property.
Allow up to 8 foot fences
Animals & Livestock (Backyard Chickens)
Will homeowners/residents be required to submit an ARC form for fencing the range area before allowing chickens?
Will an ARC form be required before constructing/emplacing a chicken enclosure/coop?
Given that “BIRD FLU” is still an ongoing and active problem, who will determine/ensure the health and viability of chickens vs posing a health hazard to other residents?
Line 8 on new form - You are inviting the homeowner to be sued.
Proposed Verbiage: “No creatures other than domesticated animals shall be maintained on any lot. It shall be a violation of these covenants for any livestock, exotic or otherwise wild animals, rodents, poisonous or venomous animals, poultry, or any type of creature that would create a danger to lot owners or their property to be raised, bred or maintained on any lot. Exceptions to this requirement shall be made under the following conditions: A) for those individuals who have a need for a certified ADA service animal, or B) for those individuals wanting to keep chickens for household egg or meat consumption, provided said chickens are kept in a purpose built enclosure such as a coop and/or run, and provided that said chickens and their enclosure are maintained in a state of cleanliness not visible or producing odors observable from the street. Additionally, roosters are not covered as part of this exception, as such, shall not be permitted.”
This is my official vote to allow Hens on Briarwood neighborhood, but NOT roosters due to the noise.
I propose that property OWNERS should be allowed to have chickens in a CONFINED space in their BACK YARDS ONLY.
I would like to request a change to the by-laws that would allow us to raise backyard chickens to have fresh eggs for our family.
I suggest that changes be made to allow residents to have hens(female chickens) on their property in order to provide fresh eggs if residents so desire. I also suggest that Briarwood not allow residents to have roosters (male chickens) because of the typical noises that go along with roosters.
We live in a close neighborhood, not a country farm, it could quickly get out of hand.
Add “and hens” replace “poultry” with “roosters”
No creatures other than domesticated animals and hens shall be maintained on
any lot. It shall be a violation of these covenants for any livestock, exotic animals,
rodents, snakes, roosters, cockatoos, or any type of creature that would create a
nuisance or danger to lot owners to be raised, bred or maintained on any lot. An
exception to this requirement is made for individuals who have a need for a certified ADA service animal.
There is already a county ordinance on chickens
Why would the management company not also handle the poop situation
no chickens, no pigs, no cows, no barking dogs.
no to compliance inspections
Sign Boards
The Board should not dictate what sign you want to put in your yard.
What is the change?
Limitations on Sign Boards doesn’t seem to be enforced now, who will attempt to enforce in the future?
This limits freedom of speech.
Would seem to violate freedom of speech.
Allow small signs less than 12inx12in asking to Pick up after your dogs/pets., and do not trespass and be aware of dogs.
Allow sport teams flags
Allow all flags that are used in an active Modern Military Color Guard.
Too vague, so many ways to interpret this. Be more specific.
While I understand the reasoning behind this is violates COUNTY LAW & 1st Amendment Rights. From the street to the center of the water meter is county property. County says political signs are legal on their property and private property is just that PRIVATE.
Careful it could get out of hand. P.S. The American Flag is not decorative and is a symbol of unity and great United States, where we live, (American flag act 2005) and (American flag code 94-344)
No limitations on sign board quantity
If I want to fly my Israeli flag I’m going to. that is heritage.
There is already a county ordinance [re: endorsing political candidates]--What happened to freedom of speech? [re: celebratory displays]- flag day, 4th of July, memorial day, veterans day [likely wants language to include national holidays
University Flags, Flags of Foreign Countries? Free Speech?
I see as vague. The American Flag should not be regulated by HOA in the United States
Aesthetics - Garbage Cans & Approval of Plans
Garbage cans, coolers, barbeque grills, equipment, woodpiles or storage
piles shall be placed within an enclosed area, against the side of the house,
or in the rear of the residence so as to conceal them from direct view from
the street.
May have trash cans placed on side of house, as some view it unsanitary to be in our garage and have pets in the backyard that can also obtain trash
Trash cans being visible. Perhaps just have them against the house.
I would like to change the trashcan are allowed to be placed by the home for
storage and a cover is not required but recommended. Also a trashcan can not sit on the curb for more than 36 hours.
Should include any homeowner not fill out an ARC Form, but goes ahead with the modification, without approval will be assessed a $75 fine, payable to the BCA or be required to undo the change.
Trailers, Trucks, School Buses, Boats & Boat Trailers
What is the provision for Boats, RV’s, etc. We need a time limit.
The new documentation states that you can park one personal vehicle (pick-up truck and/or SUV) on the driveway overnight; does the word “overnight” also mean/constitute the weekend days?
Too restrictive. Need more allowance for families who have multiple working adults.
I support the changes but believe that there could be situations where both husband and wife or 2 roommates both drive work vehicles and this should be allowed (make it read per every employed adult).
No more than 2 axles trucks
Allow a 10 day pass on Boats and RV for visitors
My request is to allow commercial vehicles and cargo trailers that are used and required by the homeowners job/profession to be parked in either the driveway or side of the dwelling.
May have company work trucks, vehicles, trailer, essentials r/t business/job/career in driveway or side yard
Enclosed areas such as garages, carports, and/(Or privacy fences mostly hidden from street view). I do feel for the working person there must be compromise. But it could get out of hand.
I would like to propose a change in the bylaws concerning commercial vehicles in the driveway of residents who live here. This is their livelihood and needs to be changed, i have no issue with them being there.
Work vehicles and vans should be allowed. for some their work vehicle is their transportation
If any of these [Prohibited vehicles] are stored in someone’s backyard and well kept, they should be able to do so.
There is already a county ordinance
The following regulations are put in place to maintain (maintain what?)
Boat trailers not included in title
RV’s ?? what about visitors?
Allow personal commercial work vehicles for all adults in home needing one. Do not block the side walk. Can park in driveway side or rear of dwelling. Boats allowed out during seasons otherwise park in rear, side or back.
I agree that if an employee is given a perk of taking the company vehicle home, they should be able to park it in their driveway. Police cars (a wonderful deterrent), HVAC vans, contractor trucks, etc are not an eyesore. Abandoned, non-running vehicle are an eyesore, not a company truck. With that said, only one company vehicle should be allowed per household. Also, sometimes a homeowner may be on call and has to bring their company vehicle home. just not on a regular basis. I’ve been that person that had to drive my company truck home. After severe storms and working 16 hours days, it wasn’t practical to not drive it home. My former subdivision approved it because it was both emergency and
temporary. Company vehicle parked in the driveway overnight should be approved. Trailers should be parked behind gate/fence.
Commercial vehicles. Having them allowed.
Adding commercial vehicles.
Commercial vehicles should be allowed for all working adults at home.
Commercial Use of Property
Small businesses should be allowed.
Small businesses should be allowed as long as they follow county regulations and do not create a nuisance.
Modification to Voting
Should be changed for future voting or changes within these rules for the community. Should be one house one vote.
Subcommittee Research Materials
Town Hall (October): The C&R Subcommittee planned to share the revised proposed changes and provide clarity to the amendments to the proposed changes to the covenants in October.
However, due to potentially conflicting language, the document was sent for attorney review with an anticipated turnaround of 4-6 weeks. The actual turnaround was 8 weeks (received the initial draft on 11/27). The subcommittee was unable to host the town hall as anticipated.
When the attorney's revised ballot was delivered, the subcommittee was also informed that per the South Carolina Homeowners Association Act, any amendments to governing documents needed to be filed with the Dorchester County Register of Deeds by January 10 of the year they are to be implemented.
Final ballot administration and voting (November 2024): Following the Town Hall, the subcommittee planned to distribute a new ballot with the revised proposed changes to the C&Rs with the BCA newsletter. BCA members would have until the end of the month to cast their vote for each proposed change to the C&Rs.
Because the subcommittee had not yet received the revised ballot from the attorney, they were unable to distribute it with the November newsletter and voting did not take place in November.
Finalized Proposed Changes & Important Dates
Despite the unanticipated challenges and changes to the process/timeline, the C&R Subcommittee would like to move forward with a vote on the proposed changes in 2024 so that any revisions may go into effect in 2025.
UPDATED: A motion passed at the December 17, 2024 community meeting will postpone voting on the proposed changes beyond the original deadline of December 30, 2024. A new timeline is still to be announced.
Ballots are available below and will be distributed to all residents on Monday, December 9, 2024.
How to vote*: You may send your completed ballot to:
Briarwood Civic Association
P.O. Box 116
St. George, SC 29477
OR
Email your completed ballot to bcaboardsec.2024@gmail.com.
*The first page of the ballot outlines why our community can vote electronically in this case and not in others. All submitted ballots will be counted by DRES.
Due to the shortened timeline, the C&R Subcommittee will present at the December 17 BCA Community Meeting instead of hosting a Town Hall. They will also be available to answer questions there and will be available by appointment to community members between now and December 30, 2024. Please send questions and any meeting requests to bcaboardsec.2024@gmail.com.
Questions for the Subcommittee:
Why did the process change in June?
The process changed because the subcommittee recognized that the original approach to revising the C&Rs did not include feedback beyond the 8 people involved. We wanted to ensure that voices and opinions from our entire community were heard.
Why were the proposed changes submitted for attorney review before the community voted on them?
Legal review was needed on the proposed covenant language for cohesiveness and legal terminology. Additionally, we encountered several redundancies regarding language on fines and fees, throughout the document. Amending the document for these redundancies and total document cohesion fell outside of the scope of work of the subcommittee.
Why aren't we having a Town Hall as promised?
Unfortunately, the legal review took longer than we anticipated and during that process, we were advised that we are legally required to submit amendments to our governing documents by January 10, 2025, if we want changes to go into effect in 2025.
Why do the changes to the C&Rs need to go into effect in 2025?
We would like to push the changes forward so that community members may take advantage of the changes as soon as possible. If we don't move forward now, the changes would not be effective until 2026 and residents would be held to the 2017 C&Rs until then.
Full Timeline of Events
To view details, click the arrow to expand the month.
March 2024
Following the 3/19/24 HOA meeting, Maryann Weiss gathered the list of community members who volunteered to be part of the subcommittee. Maryann contacted each community member to schedule the first meeting.
The first meeting of the C&R Subcommittee was held at Bob & Maryann Weiss's residence on 3/23/24.
May 2024
The second meeting of the C&R Subcommittee was held on 5/4/24.
June 2024
On 6/1/24 the original ballot with proposed changes to the C&Rs was delivered to each resident.
On 6/3/24 the C&R Subcommittee began formulating a plan to address community questions and concerns.
On 6/5/24 Maryanne Weiss, Walter Desmond, resigned from the C&R Committee
On 6/6/24 a letter was shared on the briarwoodsc.org outlining the C&R Subcommittee's plan to move forward.
On 6/6/24 the "comment submission" period opened. Comments were collected by the C&R Subcommittee via email, social media, written on ballots, and in person.
August 2024
The "revisioning period" began on 8/6/2024.
The C&R Subcommittee met on the following dates: 8/17/24, 8/24/24, 8/31/24, to process all responses, identify commonalities, and incorporate them into the proposed changes to the covenants.
September 2024
The "revisioning period continued. The C&R Subommittee met on the following dates: 9/4/24, 9/7/24, 9/11/24, 9/28/24 to continue processing all responses, identifying commonalities, and incorporating them into the proposed changes to the covenants.
At the 9/17/24 BCA Community Meeting, Anna Linder gave an update to the community about the process. She "advised that the committee had compiled a document with all the comments from each of the community members. Everyone who sent in a comment was heard. We are preparing these documents to be presented to community members at the upcoming “Town Hall”. We are at the stage to present to the board for attorney review. Next stages will be once returned from being reviewed by the attorney we will schedule for a Town Hall meeting."
October 2024
On 10/5/24, Secretary Angela Woodruff requested the President and Vice President be present at the C&R Subcommittee meeting. At this meeting, two letters were presented to board leadership. The first letter outlined the proposed changes and next steps. The President and Vice President were both in support of the actions outlined in the letter. The second letter requested that fines be halted, only for sections of the C&Rs with proposed changes, until after voting ended. The President disagreed with this approach and immediately resigned.
The proposed changes to the C&Rs were sent to the attorney for review with an anticipated turnaround of 4 to 6 weeks.
November 2024
Legal review takes several weeks longer than anticipated and on 11/27/24, the C&R Subcommittee received the legally reviewed changes.
The C&R Subcommittee is advised that per the South Carolina Homeowners Association Act, any amendments to governing documents need to be filed with the Dorchester County Register of Deeds by January 10 of the year they are to be implemented.
December 2024
The C&R Subcommittee received the final ballot and cover letter from the attorney on 12/5/24.
The final cover letter and ballot were uploaded to Briarwoodsc.org and the voting period is announced.
The C&R Subcommittee will present at the 12/17 BCA Community Meeting.
Ballots must be submitted by 12/30/24.
January 2025
Per the South Carolina Homeowners Association Act, regulations must be filed with the Dorchester Register of Deeds by 1/10/2025 to be effective for 2025.
