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Though awareness of the need for boat storage and the desire for
different commercial pass facilities were announced at the March
5 meeting of the KICA Board, it was at the July 2 meeting they
announced their decision to call a special meeting of the
membership to address the problem. On page 2 of the information
packet sent to property owners, it stated “While this decision
has been expected for some time, KICA and KRA currently feel it
is in the best interest of its constituents to move forward with
the purchase of a new site that can be used to fulfill this and
other storage requirements.”
At the March 5 KICA Board of Directors meeting, COO Joe Bunting
announced its management of the Kiawah Resort Associates (KRA)Kestrel
Court boat storage area would terminate March 15, 2007. At that
time, a deadline for removing the boats was not given.
KPOG has since learned KRA plans to continue leasing boat
storage at that site for the “forseeable future.” KRA is
currently signing contracts with boat owners.
Bunting reported that any purchase of land off-island would
require a property owner vote. Additionally, the Board would
probably not wait until the Annual Meeting in March for the
property owner vote necessary. As stated on page 2 of the
information packet, “While the board does not require member
approval to purchase property, it would like to have your
support; your approval is required, under Article II, Section
2(b) of the KICA covenants, to submit off-island property
purchased by KICA to the KICA covenants.”
Board Chairman Russ Warren called for a vote and the Board voted
unanimously to approve the purchase concept. When Director
Armand Glassman said he had not heard a motion for this, Warren
moved a sub-committee be appointed to explore available property
off-island for boat storage, commercial passes and recreation
space, and to secure a vote of the entire membership by the end
of September to make such a purchase. The vote to do so was
unanimous.
$500,000 in funds for the Conservancy was approved. Bunting
stated they would normally be budgeted during the regular
September/October/November cycle. President Russ Warren met with
the Conservancy about the allocation which will go toward the
purchase of 523 Ruddy Turnstone for $250,000, a reduced cost.
The Conservancy is not requesting use of the remaining funding
at this time.
Directors Hal Fallon and Armand Glassman were authorized by the
Board to investigate emergency care and health care facilities
in the Charleston area. Both felt, from the information
collected so far, that each residence on the Island, including
rental units, should have a checklist of what to do in an
emergency. It could be a magnetized card attached to every
refrigerator with emergency numbers to call for every situation.
They asked if the Board thought something like this were viable
and if so, they would proceed. Both agreed it ultimately would
have to be vetted through a larger group. They suggested that
the Board should get together a list of what questions should be
asked.
Greg VanDerwerker was announced as the new chairman of the
Environmental Services Committee, replacing Brooks Boveroux.
The Board also announced that resident/photographer Sylvia Bacon
was selected as the first artist to exhibit her photos at the
Sandcastle.
A large contingency of Rhett’s Bluff residents attended the
meeting protesting the recent letter they had received from the
community association advising them that the park area in that
neighborhood was going to have new restroom facilities as well
as a bar code-activated gate. Enclosed with the letter were
rules and regulations for the landing area and conceptual
drawings of the new restroom. The Rhett’s Bluff residents were
disturbed because some of the regulations differed greatly from
what they had been promised by the developer and from what
appeared in the deeds of some. Their concerns were varied—the
effect of bands playing in the park, more bicycles on the roads,
increased use of the boat launch and the way the situation was
handled by KICA.
At press time, resolution of the situation had not been
announced.
[Editor’s Note: KPOG feels it important property owners become
familiar with Section 2 of the KICA Covenants. It is printed
below.]
Section 2. Additions to Existing Property. Additional lands may
become subject to this Declaration in the following manner:
(a) Additions. Until January 1, 2016, the Company, its
successors, and assigns, shall have the right, without further
consent of the Association, to bring within the plan and
operation of this Declaration any property which is contiguous
or nearly contiguous to Kiawah Island if acquired by the Company
prior to January 1, 2016, including, but not limited to, all
that property described in a Warranty Deed from Ronald D. Royal,
et al to Coastal Shores, Inc. dated February 15, 1974, and of
record in Book U-103, at pages 265 et seq. provided such
property consists of all or portions of the properties
identified as parcels 2, 3, 4, 5, 6, 11, 12A or 12B on Exhibit
1.3 of the Development Agreement between the Town of Kiawah and
Kiawah Resort Associates, LP entered on October 12, 2005
recorded in the RMC Office for Charleston County at Book Z558,
Page 004. For all other properties contiguous or nearly
contiguous with Kiawah Island, the Company, its successors, and
assigns shall have the right to add such properties only if
there has been prior approval of the addition by a simple
majority vote of the members present at a duly called meeting of
the membership. (as amended 6-1-2006) Publication Date: June 1,
2007 KICA Covenants Previous Pub. Date: June 1, 2006
Such property may be subjected to this Declaration as one parcel
or as several smaller parcels at different times. The additions
authorized under this and the succeeding subsections, shall be
made by filing a Supplementary Declaration of Covenants and
Restrictions with respect to the additional property which shall
extend the operation and effect of the Covenants and
Restrictions of the Declaration to such additional property. (as
amended 6-1-2006)
The Supplementary Declaration may contain such complementary
additions and/or modifications of the covenants and restrictions
contained in this Declaration as may be necessary or convenient,
in the sole judgment of the Company, to reflect the different
character, if any, of the added properties and as are not
inconsistent with the plan of this Declaration, but such
modifications shall have no effect on the property described in
Section 1, of this Article II.
(b) Other Additions. Upon approval in writing of the Association
pursuant to simple majority of the vote of those presents at a
"duly called meeting", as defined in Article III, Section 6, the
owner of any property who desires to add it to the plan of these
covenants and to subject it to the jurisdiction of the
Association, may file or record a Supplementary Declaration of
Covenants and Restrictions with respect to the additional
property which shall extend the operation and effect of the
covenants and restrictions of the Declaration to such additional
property.
The Supplementary Declaration may contain such complementary
additions and/or modification of the covenants and restrictions
contained in this Declaration as may be necessary or convenient,
in the judgment of the Association, to reflect the different
character, if any, of the added properties and as are not
inconsistent with the plan of this Declaration, but such
modification shall have no effect on the property described in
Section 1, of this Article II.
(c) Mergers. Upon merger or consolidation of the Association
with another association, corporation, or organization, as
provided for in the Bylaws of the Association, its property
rights and obligations may, by operation of law, be transferred
to another surviving or consolidated association, or in the
alternative, the properties, rights, and obligations of another
association may, by operation of law, be added to the properties
of the Association as the surviving corporation pursuant to a
merger. The surviving or consolidated association may administer
the existing property, together with the covenants and
restrictions established upon any other properties, as one plan.
No merger or consolidation shall effect any revocation, change,
or addition to the covenants established by this Declaration
within the Existing Property including, without limitation, the
maximum limits on assessments and dues of the Association, or
any other matter substantially affecting the interests of
Members of the Association.
(d) Additional lands which become subject to this declaration
under the provisions of this Section II may in the future be
referred to as a part of Kiawah Island. |
