Covenants

Why are covenants important?

SCCE covenants are designed to help keep property values high and to ensure the most pleasant environment for all residents.

There are a number of benefits to living in a community with a strong HOA including: increased community engagement, financial and architectural controls, municipal code compliance support, access to amenities, well-maintained common areas, and coordination of community improvements.

What’s the purpose of the covenants?

The covenants are a set of written documents that cover the rights and expectations of the homeowners and the obligations of the homeowner’s association (HOA) to implement them.

They describe the requirements and limitations of what you can do with your property. Covenants are legally binding documents that are officially recorded and filed with the state. Covenants often cover issues such as:

  • Property use restrictions

  • Clearly defined maintenance obligations for the HOA and individual members

  • Mechanisms for rule enforcement and dispute resolution

  • Lender protection provisions

  • Assessment and insurance obligations

Because this record is kept on file with the state, it requires a vote by the membership to make any changes.

The covenants cover the “what” of the HOA and the by-laws describe the “how.”

Covenant Compliance

The Covenants Committee conducted a survey in the summer of 2022 to get input and feedback from residents on the covenants. A top concern was compliance. The Board’s goal in 2024 is to remind homeowners of their responsibility to comply with the covenants by identifying residents who are out of compliance and work with them to reach resolution. Your cooperation in this regard will protect property values and ensure the most pleasant environment for all residents. 

On January 26, 2024, a letter was mailed to all SCCE residents detailing the most common violations and the specific covenant to which they pertain. A copy of the letter can be downloaded below. The Board will be working with the Covenants Committee and residents to bring violations into compliance as soon as possible. Some of the most common violations the Board would like to address include:

  1. Recreational vehicles parked in front of homes

  2. Non-running/working vehicles on property

  3. Exterior work being done to homes or property without approval from the Architectural Committee (Hint: before starting any improvement project fill out the Architectural Change Form and contact the Architectural Committee)

  4. Unkempt homes and lots

  5. Dogs not on a leash or roaming free & chronic barking

The Board would like all residents to be in compliance with the covenants by March 1, 2024. Failure to comply by this time will result in further action by the Board.

Please note: the Board does not desire to be a policing or enforcing entity. We feel homeowners can (and should) be responsible for compliance. We ask that all residents do their part to refamiliarize themselves with and follow the covenants to keep our community looking great, our property values high, and to respect our friends and neighbors. If you have any questions, please reach out to a Board Member directly or Contact Us. Thank you in advance for your support and cooperation!

Hint: the covenants are listed in their entirety on this page ;)

Contact Us
Covenants Letter 1-26-224

What’s the process for amending the covenants?

Changes to the covenants must follow SD state laws and the HOA governing documents. Changes can be initiated by the HOA board or by individual members. Generally, 6 steps need to be followed.

There are many reasons an HOA may consider changing or updating the covenants. If residents wish to make changes, a proposal describing the desired changes must be submitted to the board. The board of directors will review proposals, ask questions, investigate, help refine, and prepare a proposed amendment. The approved proposal is then presented to all HOA members for discussion. And finally, the proposal is referred to a vote.

It’s important to note that SCCE covenants require half of the members to agree to changes. A signed amendment must then be recorded at the Pennington County Register of Deeds office before it can go into effect.

Generally, these are the 6 steps that need to be followed:

1. PROPOSAL OF AMENDMENT

The first step is to draft a proposal describing the changes to the covenant. The proposal can come from individual HOA members (lot owners) or the board. It should be presented in the form of an amendment with the proposed wording changes and appropriate legal description. The board will then submit the proposal for review by the HOA membership.

2. MEETING TO DISCUSS

The next step is for the board to notify HOA members of proposed changes and provide a forum for discussion. In some cases, the board may call a special meeting or series of meetings. Homeowners must be allowed input on the proposal. Typically, the community gets 30 days to review the proposed amendment, attend meetings, or submit input. Based on comments from members, the proposal may be accepted by the board as-is, revised at the meeting, or returned for further revision.

3. VOTING

Following final review and board acceptance, the proposed amendment goes to an official vote. There are 140 lot owners in our development. Each lot owner gets 1 vote which is recorded by signature. Our covenants state the proposal must be accepted by at least half of the lot owners. Thus, a majority would be met at 71 lot owner signatures. Signatures can be obtained at the meeting accepting the proposal or by members canvassing the neighborhood for the required signatures.

4. COUNTING OF VOTES

Next, the board validates the signature process and reviews the documents to ensure they meet the standards outlined in the covenants. They count and verify the number of signatures to determine if a majority of the lot owners are in agreement or opposed to the proposal. To ensure transparency and give members peace of mind, the tally of the signatures usually takes place during an open meeting where homeowners can witness the process.

5. APPROVAL OF THE AMENDMENT

SCCE covenants require a majority vote (71 of the 140 lot owners) to approve the amendment. If the amendment has sufficient signatures approving the wording of the change, the board will vote to approve and record the amendment.

6. RECORDING AND EFFECTIVITY

When half of the members approve and the required signatures are recorded, the board will work with our lawyer to ensure the amendment complies with all legal requirements. After approval, the amendment to the Declarations of Restrictions and Covenants to Run with the Land must be submitted to the Register of Deeds and officially recorded to be in effect.

What do the covenants say?

SCCE Covenants were established in 1978. An outline of the covenants is shown in this section. The third amendment is detailed in the section below and describes modifications made to the covenants in 2005. The full covenants (Articles I through VII) are also included on this page.

Third Amendment
Background
Purpose
Construction Materials
Execution & Effective Date

Covenants Article 1:
Purpose of the Covenants

Covenants Article II:
Purpose
Residential Area Covenants
Execution and Effective Date

Covenants Article III:
Well Lot

Covenants Article IV:
Owner’s Association
Officers & Meetings
Rules & Regulations

Covenants Article V:
Terms

Covenants Article VI:
Enforcement

Covenants Article VII:
Amendments or Changes of Covenants

Archive

Third Amendment

Certified September 27, 2005

This amendment modified the list of acceptable roofing materials to include architectural asphalt singles.

  • THIS THIRD AMENDMENT TO DECLARATION OF RESTRICTIONS AND COVENANTS TO RUN WITH THE LAND, made on the date hereafter set forth is made by the South Canyon Country Estates Homeowners Association, a South Dakota non-profit corporation (hereinafter referred to as "Declarant,") and its members, which collectively own all the property in South Canyon Country Estates which property is subject to this declaration.

  • WHEREAS, the Declarant and its members own all the property in the County of Pennington, State of South Dakota, described as:

    South Canyon Country Estates, according to the plat thereof, which is recorded in the office of the Register of Deeds for Pennington County, South Dakota, and which property is more specifically described in Exhibit "A," attached hereto and incorporated by this reference, and

    WHEREAS, the predecessors in interest to the South Canyon Country Estates property were Larry P. Branch and Carol Ann Branch, who were the prior owners of record of all the property, and Northwest Land and Development, Incorporated, a South Dakota corporation, who was the contract purchaser and the developer of the property for sale as residential lots; Larry P. Branch and Carol Ann Branch and Northwest Land and Development, Incorporated, filed "Declaration of Restrictions and Covenants to Run with the Land" for South Canyon Country Estates, Pennington County, South Dakota, executed on the 5th day of September, 1978, and filed on the 5th day of September, 1978, which restrictions, covenants, and conditions run with the land; and

    WHEREAS, the members of South Canyon Country Estates Homeowners Association pursuant to the filed "Declaration of Restrictions and Covenants to Run with the Land" made and filed a "First Amendment to Declaration of Restrictions and Covenants to Run with the Land" on September 24, 1991; and

    WHEREAS, the members of South Canyon Country Estates Homeowners Association pursuant to the filed "Declaration of Restrictions and Covenants to Run with the Land" made and filed a "Second Amendment to Declaration of Restrictions and Covenants to Run with the Land" on April 28, 1999; and

    WHEREAS, all of the aforementioned and referred to easements, restrictions, covenants, and conditions, which were expressly imposed to run with the land and protect the value of the land for the mutual benefit of the owners, are binding upon all parties having any subsequent right, title, or interest in the property, and their heirs, successors, and assigns, and that all such Declaration continue to inure to the benefit of each current and successive owner; and

    WHEREAS, it is the intent of the Declarant and its members to redeclare said easements, restrictions, covenants, and conditions subject to modifications and amendments contained herein for the purpose of confirming said covenants for the benefit of the owners (Declarant and members); and

    NOW, THEREFORE, the Declarant, under the authority of the original Declaration of Restrictions and Covenants to Run with the Land for South Canyon Country Estates, Pennington County, South Dakota, dated September 5, 1978, and filed on the 5th day of September, 1978, with the office of the Pennington County Register of Deeds, in Book 10, Page 937 of Misc. Records, and under the authority of the First Amendment to Declaration of Restrictions and Covenants to Run with the Land, filed on September 24, 1991, with the office of the Pennington County Register of Deeds, in Book 43, Page 3567 of Misc. Records, and under the authority of the Second Amendment to Declaration of Restrictions and Covenants to Run with the Land filed on April 28, 1999, for the mutual benefit of all owners and upon the signature of a majority of the member owners approving this document, hereby make this Third Amendment to the Declaration of Restrictions and Covenants to Run with the Land to amend the original Declaration of Restrictions and Covenants to Run with the Land previously executed and recorded on September 5, 1978, and to the First Amendment to the Declaration of Restrictions and Covenants to Run with the Land previously recorded on September 1991, and to the Second Amendment to the Declaration of Restrictions and Covenants to Run with the Land previously recorded on April 28, 1999.

  • This Third Amendment to the Declaration of Restrictions and covenants to Run with the Land to amend the original Declaration of Restrictions and Covenants to Run with the Land previously executed and recorded on September 5, 1978, the First Amendment to the Declaration of Restrictions and Covenants to Run with the Land previously recorded on September 14, 1991, and the Second Amendment to the Pennington County, South Dakota Donna M. Mayer Misc Real Est Declaration of Restrictions and Covenants to Run with the Land previously recorded on April 28, 1999, is made for the purpose of amending Paragraph 3 of Article II entitled, Residential Area Covenants to read as follows:

  • All dwellings shall be constructed utilizing new materials using a board by board method of building, or the erection of a "precut home," provided said "precut home' is erected upon the lot using a board by board method of construction and constructed upon a permanent foundation. A "precut home" is hereby defined to be a package of building materials, preshaped and cut at a location other than a lot within this Subdivision, which materials when assembled shall form a dwelling house. For the purpose of this covenant, board by board construction shall mean the cutting, shaping, assembly, and finishing of the building materials on the lot to form a dwelling house, however, the use of such materials as trussed rafters and preassembled wall studding panels shall be permissible if such are still in the rough construction stage and are not used in the construction in a manner so as to violate the basic intent of this covenant.

    All roofing material must consist of one of the following:

    a. Wooden shingles;

    b. Concrete tiles;

    c. Cedar shakes;

    d. Steel stone coated shakes; or

    e. Architectural asphalt shingles (commonly called shangles) of no less than 300 lbs./square.

    The described roofing material must have a profile that simulates the appearance of a flat wood shake or tile. The color of these roofing materials shall be of earth tones. All proposed roofing materials must be submitted for approval by the Architectural Committee.

    The exterior of every building shall be composed of, one or a combination of, the following:

    a. Natural wood or other rustic materials;

    b. Native stone or brick veneers;

    c. Steel (vinyl-coated) siding that is roll formed from at least 29 gauge G-90 hot-dipped galvanized steel complying with the requirements of ASTM A653/A653M-97, having a minimum yield strength of 33,000 PSI and ultimate strength of 45,000 PSI or better. All siding must be properly grounded in accordance with the current provisions of the National Electrical Code to include grounding conductors. Vinyl-coated siding must be guaranteed not to fade, peel, or blister for at least 20 years from date of Installation;

    d. Brick or brick veneers shall be of an earth tone hue unless otherwise approved by the Architectural Committee;

    e. All exterior wood surfaces shall be painted an earth tone color as defined in the building trade or shall be painted using a semi-transparent stain or clear sealer. Solid body paints or stains may be used on the trim only; and

    f. Steel siding shall be solid color in earth tone colors unless otherwise approved by the Architectural Committee.

    The exterior materials of all buildings shall be maintained in good condition so as to contribute to the attractiveness of the community. Care must be taken that stain, paint, or coated materials shall not be peeling, flaking, fading, or darkening with age. The change in appearance, either by modifying construction or the appearance of a structure which shall include changing the color of the exterior, must be approved by the Architectural Committee.

    Nothing herein is intended to otherwise change, modify, or limit the application of the previously existing DECLARATION OF RESTRICTIONS AND COVENANTS TO RUN WITH THE LAND executed and recorded September 5, 1978, and any further modification or change to either this THIRD AMENDMENT TO THE DECLARATION OF RESTRICTIONS AND COVENANTS TO RUN WITH THE LAND, SECOND AMENDMENT TO THE DECLARATION OF RESTRICTIONS AND COVENANTS TO RUN WITH THE LAND, FIRST AMENDMENT TO THE DECLARATION OF RESTRICTIONS AND COVENANTS TO RUN WITH THE LAND or original DECLARATION OF RESTRICTIONS AND COVENANTS TO RUN WITH LAND shall only be made in compliance with Article VII of the DECLARATION OF RESTRICTIONS AND COVENANTS TO RUN WITH THE LAND executed and recorded September 5, 1978, pertaining to Amendments or Changes of Covenants as set forth therein.

  • After certification by the Secretary of the South Canyon Country Estates Homeowner’s Association to the members and Board of Directors that a majority of the members have executed and approved this document, in multiple originals, not to exceed twenty, either in person or by and through their attorney ­in-fact, the President and Secretary of the South Canyon Country Estates Homeowner' s Association, on behalf of the Association and its members, for the purpose of amending and continuing the Declaration of Restrictions and Covenants to Run with the Land referred to herein and the Third Amendment to the Declaration of Restrictions and Covenants to Run with the Land referred to herein, shall sign and execute an original copy of this instrument on behalf of the South Canyon Country Estates Homeowner's Association, and its members, which instrument shall be duly signed and executed by said officers with an acknowledgement that they are authorized to do so on behalf of the South Canyon Country Estates Homeowner' s Association and its members.

    This document shall be filed with the Pennington County Register of Deeds along with the certification by the secretary of the Association that the document has been approved and executed by a majority of the members of the South Canyon Country Estates Homeowner's Association. This document shall be effective as of the date of filing.

    This Third Amendment, the Certification of Execution, and all multiple originals used by the secretary to certify approval and execution shall be kept permanently on file in the possession of the secretary of the South Canyon Country Estates Homeowners Association.

    IN WITNESS WHEREOF, the undersigned being the Declarant herein has hereunto set its hand and seal this 27 day of September 2005.

Article I.
Purpose

  • These covenants are made for the purposes of establishing and maintaining the above described “residential lots” as a desirable residential area and for the purpose of establishing and maintaining high quality sites and fair and adequate property values and for the further purpose of providing for the establishment and maintenance of a community water system, to serve the above property and to serve the property referred to herein as “Other Property,” as shown on Plat filed with the Register of Deeds of Pennington County on the 30th day of November, 1977, and recorded in Book 15 at Pages 216 and 217 thereof, and further to provide for the maintenance, care and upkeep of the recreational area to maintain the improvements which may be located on said recreational area as well as the areas themselves.

    The contract purchaser covenants that it will solely be responsible for the initial installation of a central water well and the construction of water storage facilities on Well Lot of Block One (1) of South Canyon Country Estates and a water distribution system in conformity with the requirements of the Department of Health of the State of South Dakota and further will provide Lot A of Block Seven (7) as shown on Plat (referred to above) for a recreational area. The same will be transferred to a property owner’s association or cooperative for operation and maintenance at which time said association will become solely responsible for the operation, upkeep, and maintenance thereof. These improvements will be conveyed to a property owner’s association or cooperative at or before the sale by the legal and equitable owners of sixty residential lots. If at any time the land conveyed to the property owner’s association or cooperative for a well lot and recreational lot ceases to be used for the purposes intended, or if the property owner’s association or cooperative defaults on taxes, liens, or mortgages associated with said lots, title to these lots shall revert to Northwest Land and Development, Inc., a South Dakota cooperation, its successors and assigns.

Article II.
Residential Area Covenants

  • The following covenants shall apply to the residential lots only as described above.

  • Each residential lot shall be used for residential purposes only and not for any business, trade, commercial or industrial purpose whatsoever except that individuals may conduct non-nuisance, unoffensive businesses from their homes.

    Campers, travel trailers, boats, motor homes, trucks (other than pickup trucks), trailers, equipment, machinery, and materials may not be kept or stored on any lot except inside an enclosed garage or behind a dwelling.

    The portion of the above provisions relating to storage of equipment and materials shall not apply during the period of construction of a dwelling or of other improvement on said lot.

  • All construction shall be original in that no previously constructed dwelling, trailer house, or mobile home can be permitted to be placed on any properties; no basement, trailer, vehicle, or structure of any kind except a completed dwelling house shall be occupied or used for residential purposes at any time.

  • All dwellings shall be constructed utilizing new materials using a board by board method of building, or the erection of a "precut home," provided said "precut home' is erected upon the lot using a board by board method of construction and constructed upon a permanent foundation. A "precut home" is hereby defined to be a package of building materials, preshaped and cut at a location other than a lot within this Subdivision, which materials when assembled shall form a dwelling house. For the purpose of this covenant, board by board construction shall mean the cutting, shaping, assembly, and finishing of the building materials on the lot to form a dwelling house, however, the use of such materials as trussed rafters and preassembled wall studding panels shall be permissible if such are still in the rough construction stage and are not used in the construction in a manner so as to violate the basic intent of this covenant.

    All roofing material must consist of one of the following:

    a. Wooden shingles;

    b. Concrete tiles;

    c. Cedar shakes;

    d. Steel stone coated shakes; or

    e. Architectural asphalt shingles (commonly called shangles) of no less than 300 lbs./square.

    The described roofing material must have a profile that simulates the appearance of a flat wood shake or tile. The color of these roofing materials shall be of earth tones. All proposed roofing material must be submitted for approval by the Architectural Committee.

    The exterior of every building shall be composed of, one or a combination of, the following:

    a. Natural wood or other rustic materials;

    b. Native stone or brick veneers;

    c. Steel (vinyl-coated) siding that is roll formed from at least 29 gauge G-90 hot-dipped galvanized steel complying with the requirements of ASTM A653/A653M-97, having a minimum yield strength of 33,000 PSI and ultimate strength of 45,000 PSI or better. All siding must be properly grounded in accordance with the current provisions of the National Electrical Code to include grounding conductors. Vinyl-coated siding must be guaranteed not to fade, peel, or blister for at least 20 years from date of Installation;

    d. Brick or brick veneers shall be of an earth tone hue unless otherwise approved by the Architectural Committee;

    e. All exterior wood surfaces shall be painted an earth tone color as defined in the building trade or shall be painted using a semi transparent stain or clear sealer. Solid body paints or stains may be used on the trim only; and

    f. Steel siding shall be solid color in earth tone colors unless otherwise approved by the Architectural Committee.

    The exterior materials of all buildings shall be maintained in good condition so as to contribute to the attractiveness of the community. Care must be taken that stain, paint, or coated materials shall not be peeling, flaking, fading, or darkening with age. The change in appearance, either by modifying construction or the appearance of a structure which shall include changing the color of the exterior, must be approved by the Architectural Committee.

    Nothing herein is intended to otherwise change, modify, or limit the application of the previously existing DECLARATION OF RESTRICTIONS AND COVENANTS TO RUN WITH THE LAND executed and recorded September 5, 1978, and any further modification or change to either this THIRD AMENDMENT TO THE DECLARATION OF RESTRICTIONS AND COVENANTS TO RUN WITH THE LAND, SECOND AMENDMENT TO THE DECLARATION OF RESTRICTIONS AND COVENANTS TO RUN WITH THE LAND, FIRST AMENDMENT TO THE DECLARATION OF RESTRICTIONS AND COVENANTS TO RUN WITH THE LAND or original DECLARATION OF RESTRICTIONS AND COVENANTS TO RUN WITH LAND shall only be made in compliance with Article VII of the DECLARATION OF RESTRICTIONS AND COVENANTS TO RUN WITH THE LAND executed and recorded September 5, 1978, pertaining to Amendments or Changes of Covenants as set forth therein.

  • No building shall be erected, placed, or altered on any lot until the construction, plans and specifications, and the plan showing the location of the structure have been approved by the architectural control committee as to quality of workmanship and materials, harmony of external design with existing structures and as to location with respective topography and finished grade elevation.

    No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. Approval shall be as hereafter provided.

  • The architectural control committee will be composed of five (5) members appointed by owner (developer) until authority is transferred to the homeowner’s association. The majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee the remaining members shall have full authority to designate a successor.

    Neither the members of the committee nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant at any time. The then record owners of the majority of the lots shall have the power through a duly recorded written instrument to change the membership of the committee or to withdraw from the committee or to restore to it any of its powers and duties.

    The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit or enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.

  • No dwelling shall be constructed, erected or maintained on any residential lot which has a main floor (inhabitable living space) of less than 1,200 square feet. In computing, this ground floor area, attached garages, basements, breezeways, and patios are to be excluded from consideration. In case of a split-level home, those actual adjacent living areas connected by a half flight of stairs shall be considered in the computation of the square footage on the main floor. Half flights of stairs are constructed to be those short flights of stairs from six to ten feet in depth connecting actual floors within a structure.

  • No building shall be located on a lot at a distance less than twenty-five feet from the front lot line or a distance of less than fifteen feet from the interior side lot lines nor shall a dwelling be located on any lot at a distance of less than thirty-five feet from the rear lot line. For the purposes of this covenant, eaves, steps, and open porches shall not be considered as a part of the building provided, however, this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.

  • Any building commended on any lot shall be prosecuted diligently to completion and shall be completed within twelve months from the commencement of the construction unless such completion is prohibited by inclement weather or disaster.

    Prior to the start of the construction of any structure on any lot, the owner shall provide and have installed a culvert over which access to the lot will be provided and a driveway constructed on said lot.

    An enclosed garage large enough to house at least two cars must be constructed at the same time as the house is constructed.

  • All improvements on each lot must be maintained by lot owner so as to remain in a state of good repair, neat and, well-kept in appearance. It is the responsibility of each lot owner to see that any open meadowland on his lot is mowed and raked at least once each summer regardless if any improvements have been placed on said lot.

  • Vehicles may not be parked in or upon the public road right of way. All parking must be off-street parking on private land.


    No motor vehicles except such as are in normal operating condition and in average daily use shall be kept on the property and except for occasional necessary repairs, no private repairs shall be permitted; rebuilding or refinishing of such shall not be permitted. Recreation vehicles may be parked but not utilized on such property.

  • No animals, livestock, or poultry of any kind shall be raised, fed, or kept on any lot except dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose. All dogs must be confined to lot owned by the owner of project. No animal shall be permitted to run at large, nor shall chronic barking dogs be kept on any property.

  • No noxious or offensive activity shall be carried upon or on any lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

  • Said premises shall not be used or maintained as a dumping ground for old cars, rubbish, or trash, and all garbage or similar waste shall be kept in sanitary containers and all incinerators and other equipment for the disposal of garbage shall be kept in a clean, sanitary and fire-safe condition.


    No signs of any kind shall be displayed to the public view on any lot except a sign advertising the property for sale or rent or signs used by a builder or owner to advertise the property during the construction and sales period.

  • No individual sewage disposal systems shall be permitted on any lot unless said system is designed, located, and constructed in accordance with the requirements, standards, and recommendations of the Pennington County Health Department. Approval of such system as installed shall be obtained from such authority. Notwithstanding the foregoing, in the event a community or public sewage disposal system is made available to service said area, then and in that event, property owners will be required to obtain service from such system and no individual sewage disposal systems shall then be permitted.

    No individual water supply systems shall be permitted on any lot unless permitted by the property owner’s association.

  • No further subdivision of lots will be permitted, however, the owners of record, Larry P. Branch and Carol Branch, his wife, and the Northwest Land Development, Inc. expressly reserve the right to replat any lots held for sale by them, but in no case will any new lot be created of less than one acre in size. These restrictive covenants shall apply to any new lots created as a result of such replatting.

Article III.
Well Lot

  • The following covenant shall apply only to the Well Lot:

    1. The Well Lot shall be utilized for the construction of the necessary well(s), reservoirs or water storage facilities, chlorinators or water purifying systems, if necessary, and any other facilities that would be necessary for the establishment of maintenance of a community water system.

    Facilities for other utilities may also be placed on said lot if authorized by the owner (developer) or the property owner’s association.

Article IV.
Owner’s Association

  • On or before the sale of sixty residential lots, a President, Vice-President, Secretary-Treasurer shall immediately be elected for a term of one-year by a majority vote of the owners of all residential lots. Each residential lot owner shall have one vote at all elections and on all issues which may be cast in person or by proxy. Owners of more than one lot shall be entitled to one vote for each lot held.

    Meetings shall be held once annually and fifteen days written notice by regular mail to the owner’s last known address of the time and place the meeting shall be given, A quorum of ten persons, either in person or by proxy shall be necessary to do business. The executive committee consisting of the President, Vice-President and Secretary-Treasurer shall have the duties to collect promptly all monies in accordance with this covenant and any other levies may be hereinafter decided by a majority vote of the owners to be necessary to maintain and operate the water system and mains and/or the public use area, playgrounds and the equipment or facilities located thereon.

    The executive committee shall have the duty to pay from such proceeds all obligations in connection with the operation, improvement and maintenance of the water system and recreational area and other common facilities and shall render annually an accounting of all monies received and all monies paid out and be ready and willing to answer all justified inquiries regarding the same.

    Any officer may be removed from office without cause by three-fourths vote of the lot owners. The Vice-President shall assume the duties of the President in the event the President is absent, refuses to act, or is unable to act. Meetings may be called by the President or by the owners of five lots.

  • Each owner of a lot who constructs a residence or building thereon, his heirs, successors or assigns shall be responsible for the maintenance of the water line from his residence or building to the curb stop located at his property line. The property owner’s association shall be responsible for operation and maintenance of water lines, mains, and fire hydrants located in the street or in the utility easement areas and the well(s), pumps, reservoirs, chlorinators or other water purifying systems located on the Well Lot.

    The pro rata obligation of property owners shall not commence until hook up. Each property owner shall be required to pay such monthly users fee and other fees which all shall be necessary and shall be established from time to time by the owner until the system is turned over to the property owner’s association at which time the users fee and other fees will be established by the association. The pro rata share of each lot owner shall be determined from the volume of water used by each user as measured with individual water meters which will be installed for each lot at the lot owner’s expense. Water supplied to fire hydrants shall not be metered.

    The owner (developer) will make certain improvements to the public use recreational area. Each residential lot owner (excluding owner/developer) shall participate equally in the cost associated with the maintenance, operation, and payment of taxes associated with the recreational area and make payments as assessed to owner (developer) until such area is transferred to the property owner’s association.

    After such property is transferred to the property owner’s association, the property owner’s association will be responsible for the payment of taxes, maintenance, and operation of the public use recreational area. The property owner’s association may elect to lower or increase the assessment.

Article V.
Terms

  • All the restrictions and covenants above set forth shall constitute covenants to run with the land and shall be binding upon all parties and all persons claiming under them for a period of ten years from the date that these covenants are recorded after which time such covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the owners of a majority of the lots have been recorded agreeing to change said covenants in whole or in part.

Article VI.
Enforcement

  • Enforcement of said restrictions or covenants may be proceedings at law or in equity against any person or against any legal entity violating or attempting to violate any restriction or covenant herein contained and such proceedings may be for the purpose of injunction to restrain violation or to recover damages. Such enforcement may be appropriately undertaken by any person or legal entity owning any of the above-described property.

Article VII.
Amendments

  • The conditions, restrictions, stipulations, agreements, and covenants contained herein shall be in full force and effect and binding as aforesaid, and shall not be waived, changed, abandoned, terminated, or amended except by instrument duly acknowledged and recorded in the office of the Register of Deeds of Pennington County, Rapid City, South Dakota, which instrument has been executed by the owners of a majority of all of the lots referred to herein.

Archive

The SCCE covenants were originally executed on September 5, 1978, and were recorded with the Pennington County Register of Deeds. The First Amendment was recorded on September 24, 1991. The Second Amendment was filed and registered on April 28, 1999. The Third Amendment was recorded on September 27, 2005.

Original documents were submitted to the SCCE Homeowners Association for approval and execution. Official documents have been archived and are available upon request.