Apr
19
2024
From The Blog
Governance Task Force is Seeking Member Input on the Proposed Covenant Amendments
KICA is preparing to propose four covenant amendments for a fall 2024 member vote. The four amendments are as follows:
1. Elimination of the Developer Appointed Seat on the KICA Board
This would eliminate the developer’s right to appoint a seat on the KICA Board. The intention is to have the developer representative serve until the 2025 annual meeting and include this seat in the upcoming director election.
VIEW THE DEVELOPER SEAT AMENDMENT
2. Expand KICA’s Authority to Operate Architectural Review Functions
At this time, we do not know how the architectural review functions will be structured. Thus, KICA is creating language broad enough for KICA to (1) create a structure, (2) potentially take these functions in phases, and (3) have the authority for these functions. Currently, Kiawah Partners has provided the KICA Board with a transition plan for the ARB. This is being shared with the Joint ARB Task Force, to work collaboratively on determining both transition and structure.
3. Expand KICA’s Enforcement Authority
Based largely on the 2018 covenant amendment, which was not previously recorded, this amendment is similar in nature. The expansion of enforcement authority permits the KICA Board the ability to take additional steps in enforcement for properties that fail to come into compliance with KICA requirements. This includes the ability to lien properties. It also creates an appeal process to the KICA Board.
VIEW THE ENFORCEMENT AMENDMENT
4. Administrative Items
These are simple administrative items KICA needs to make in the current language of the KICA Covenants. This includes the following:
• Including the Town of Kiawah Island along with Charleston County references
• Including the phrase “at least” with references to fractional or percentage requirements
• Changing “Corporation” to “Association”
• Changing “President” to “Chair”
• Changing Notice requirements to permit electronic notification and to match current KICA By-laws
VIEW THE ADMINISTRATIVE AMENDMENTS
Full Redlined Covenants
The following document shows all of the proposed amendments within KICA’s Covenants.
Your Feedback is Requested
There are two opportunities for feedback before the board meets in May to finalize the proposal to the membership in preparation for the vote. KICA is hosting a community forum for discussion and members are invited to submit feedback online.
Submit Feedback Online
Now through Sunday, April 28 at 9 p.m.
Click Here to Submit Feedback
Attend the Community Forum
Wednesday, April 24 at 11 a.m.
Beachwalker Center or Virtual
Watch the Video Recording
More Details
In planning for the proposed amendments, we considered the following strategies:
Separating Amendments: KICA is presenting each amendment as a separate document. The intention is to have one ballot but permit the members to vote on each of the four amendments individually. This way, if the membership is in favor of certain amendments, but not other amendments, the unfavorable amendments do not negatively impact the favorability of the others. Quorum would be determined by the return of a ballot, whether the member votes Yes, No or Abstain on the four amendments. KICA also views this as a cleaner way to record them, recording each approved amendment individually.
Standalone Vote of Members: Covenant amendments have both higher quorum (60%) and approval percentages (75% in favor) requirements. Thus, KICA is sending this to the membership as a standalone vote. If KICA fails to achieve a quorum in the first vote, it can be sent to the membership again, as part of the director election with the lower quorum requirement (50%). This gives KICA two opportunities in less than a year.
Timing of the Vote: If the developer’s seat is removed by the membership, we want to time this with our director election schedule, which begins in October, instead of electing this seat in a special election.
More Considerations:
Click Here for Frequently Asked Questions
Timeline
Our current timeline is as follows:
- Friday, April 19 – Release amendments to the membership for initial feedback
- Wednesday, April 24 – Community forum for members to provide feedback
- Monday, May 6 – KICA Board votes to send these amendments to the membership.
- The alternate date is June 3, if needed.
- June/July – Educate membership on the amendments. Prepare voting materials.
- August 15 – Open vote of the membership
- September 18 – Close vote of the membership