3/30/2018

Proposed Duneside Road Connection: Letter From the KICA Board and COO

Posted In Proposed Duneside Road Connection

The six elected members of the KICA Board of Directors previously expressed their opposition to Kiawah Partners’ proposal to create vehicular connection between Beachwalker Drive and Duneside Road. For those unfamiliar with the proposal, KICA’s prior communication on this matter can be read here. Yesterday, KICA sent a letter to the Town of Kiawah Island Planning Commission that states the following:

March 29, 2018

Town of Kiawah Island Planning Commission
Attn: Fred Peterson, Chairman
4475 Betsy Kerrison Parkway
Kiawah Island, South Carolina 29455

Dear Mr. Peterson and Commission Members,

The April 4, 2018 Planning Commission agenda includes an item related to a final plat associated with Kiawah Partners’ development of parcels on the west end of the island. Given the community reaction to this matter, I am certain you are aware of it. The Kiawah Island Community Association elected board previously went on public record expressing their opposition to the substantial change of the final plat, and shares the many concerns that have been expressed by community members.

The purpose of this correspondence, however, is to transmit official notice that the properties in question are encumbered by recorded convents and restrictions. Furthermore, the covenants are contrary to, conflict with, and perhaps even prohibit the permitted activity. South Carolina statute 6-29-1145 states that a planning agency, upon notice of such a conflict, may not issue a permit until it has received confirmation from the applicant that the restrictive covenant has been released for the tract or parcel of land by action of the appropriate authority or property holders or by court order.

KICA’s covenants establish a number of functions and responsibilities, including the provision of security services, the operation of guardhouses, the ownership and maintenance of its common properties, and other authorized services. Buyers for 40+ years have relied on these covenants, and property values have most likely benefited from their existence, along with the exclusivity and security provided by a gated community.

Were the Town of Kiawah Island Planning Commission to approve this plat, and approve a second entry point to the island, it would have essentially created a perpetual unfunded mandate for the association and its members to construct and operate a guardhouse. Failure to do so would eliminate controlled access to the island, thereby exposing the association to claims for breaching the functions and responsibilities imposed by the KICA covenants.

In closing, thank you for your service to the community, and please know that I sign this letter on behalf of the six elected members of the KICA board who unanimously support this position.

Sincerely,

Jimmy Bailey

Jimmy Bailey, Jr.
Chief Operating Officer