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Tugaloo Bay subdivision was developed in two phases: Section One and Section Two.
Phase one, highlighted with blue in the map below, which applies to lots 13-24, 25-36, and 37-107
Phase two indicated in the map below, without coloring, and applies to all other lots
Each section is governed by a set of restrictive covenants that ensure the Tugaloo Bay subdivision maintains the best interest for all residents.
The Restrictive Covenants are included in the plat plan (above and to the right of the words "Tugaloo Bay.") The covenants run with the land.
All owners are required to abide by these covenants.
Viewable and downloadable versions of the covenants have been provided at the bottom of this page.
NOTES:
Some of the street names in the plat plan seen below have changed since the plat plan was created.
Restrictive Covenants Digital Edition (Click to expand)
Restrictive Covenants of Tugaloo Bay Subdivision
NOTES:
- This Electronic Version is provided for ease of use and readability. It is not intended to supersede original documents. To determine in which Section your property is designated, refer to the subdivision’s plat plan.
- To search for key words on this page, press Ctrl + F and then enter the word you wish to search into the Find box that appears at the top of the page.
For Lots Designated as Section One:
1. No residence shall be erected or constructed unless it shall have a floor area of 1500 square feet for lots adjoining lake property, or 1000 square feet for the other lots and must be of a solid or enclosed foundation.
2. Said subdivision is restricted solely to residential purposes.
3. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
4. All easements existing or of record and all governmental regulations shall be observed.
5. No building shall be constructed within fifteen (15) feet of the adjoining property line or nearer a street than indicated by building lines.
6. No trailer, basement, tent, shack, garage, barn or other building other than the main dwelling shall be erected on any portion of any lot and occupied as a residence either temporarily or permanently. No lot shall be subdivided, sold or leased in smaller parcels.
7. An adequate supply of water for residential purposes shall be furnished by the original corporate seller or its successors at reasonable rates to be fixed by seller and paid by the lot owner at intervals to be prescribed subject to power failure, acts of God or reasons beyond the control of the seller.
8. No unbaked sheet metal or corrugated iron shall be used in the construction of a residence on any building lot. A residence erected on any building lot shall be completely finished on the exterior in brick, stucco, aluminum, baked enamel, steel or wood siding. If siding is used, it shall be painted or stained with not less than two coats of paint or stain before being occupied.
9. No lot or building shall be sold to a third party without the written consent of the original seller, corporation, or its successor being first obtained.
10. These covenants are to run with the land and shall be binding on all parties and persons claiming under them for the next ten years at which time said covenants shall automatically be extended for successive periods of ten years unless by vote of the majority of the then owners of the lots, it shall be agreed to change said covenants in whole or in part.
11. If any lot owner or the occupant of a residence located on any lot or their heirs or assigns shall violate any of the covenants herein, it shall give the right to any other person or person owning a lot situation in said development or subdivision to prosecute any proceeding at law or in equity against the person or person violating or attempting to violate any covenants in order to prevent a violation or to recover damages for a violation.
For Lots Designated as Section Two:
1. No residence shall be erected or constructed unless it shall have a floor area of 1000 square feet for lots adjoining lake property, or 800 square feet for the other lots and must be of a solid or enclosed foundation.
2. Said subdivision is restricted solely to residential purposes.
3. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
4. All easements existing or of record and all governmental regulations shall be observed.
5. No building shall be constructed within fifteen (15) feet of the adjoining property line or nearer a street than indicated by building lines.
6. No trailer, basement, tent, shack, garage, barn or other building other than the main dwelling shall be erected on any portion of any lot and occupied as a residence either temporarily or permanently. No lot shall be subdivided, sold or leased in smaller parcels.
7. An adequate supply of water for residential purposes shall be furnished by the original corporate seller or its successors at reasonable rates to be fixed by seller and paid by the lot owner at intervals to be prescribed subject to power failure, acts of God or reasons beyond the control of the seller.
8. No unbaked sheet metal or corrugated iron shall be used in the construction of a residence on any building lot. A residence erected on any building lot shall be completely finished on the exterior in brick, stucco, aluminum, baked enamel, steel or wood siding. If siding is used, it shall be painted or stained with not less than two coats of paint or stain before being occupied.
9. No lot or building shall be sold to a third party without the written consent of the original seller, corporation, or its successor being first obtained.
10. These covenants are to run with the land and shall be binding on all parties and persons claiming under them for the next ten years at which time said covenants shall automatically be extended for successive periods of ten years unless by vote of the majority of the then owners of the lots, it shall be agreed to change said covenants in whole or in part.
11. If any lot owner or the occupant of a residence located on any lot or their heirs or assigns shall violate any of the covenants herein, it shall give the right to any other person or person owning a lot situation in said development or subdivision to prosecute any proceeding at law or in equity against the person or person violating or attempting to violate any covenants in order to prevent a violation or to recover damages for a violation.
12. Utility Easements: There is hereby reserved to the original seller corporation, it successors and/or assigns, without further assent or permit, the right, title and privilege of a perpetual, alienable, assignable, and releasable easement to construct, install, maintain and repair utilities, including but not limited to water, sewers, telephone, and electricity, with the right of entry for purposes of inspection and repair, over, through, upon, across and under each and every lot and street now or hereafter subjected to these restrictions. With respect to distribution lines and facilities, this easement shall run an even width of ten (10) feet along all front, rear and side lines of all such lots and streets. Further, this easement shall be a blanket easement with respect to service lines and facilities so as to permit the location of such service lines and facilities where necessary to serve improvement on any such lot or adjoining any such street. By acceptance of a deed or other conveyance to any such lot in respect to which this easement is reserved, the lot owner, for himself, his heirs, legal representatives, successors and assigns, shall be deemed to have waived any and all claims for account of temporary or other inconvenience caused thereby. The exercise of this easement for the construction and installation of any given utility shall not bar the further exercise of this easement for the construction and installation of other utilities.
13. If any provision hereof shall be held to be invalid, the remaining provisions shall not hereby be affected.
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