Overview

2024 Covenant Amendments Vote

The Kiawah Island Community Association Board of Directors recommends four vital amendments to KICA’s Covenants. These changes require a vote of the membership with the following requirements:

60% of available votes must be cast for a valid membership vote
75% must vote in favor of an amendment for the change to be approved

Online voting will open Sept. 5 through Oct. 9, 2024.

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Amendment 1

Eliminate the Developer-Appointed Board Seat and the Type E Member

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If approved, the Type E Member will be removed from KICA’s Covenants, eliminating the right of the developer to appoint a seat on the KICA board. The developer seat will convert to an elected community member seat, so all seven KICA board members will be elected.

The KICA Board of Directors is comprised of six community member directors typically serving three-year terms and one director appointed by the master developer, Kiawah Partners, with no term limit. When the covenants were written in the late 1970s, the developer (aka Type E Member) was the largest land-owning member in the association, warranting their board seat. Now that the developer has sold most of their residential property, and is nearing the end of its primary development, it is felt that holding one of the seven board seats is no longer appropriate.


Amendment 2

Expand KICA’s Authority to Operate Architectural Review Functions

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If approved, this amendment will expand KICA’s authority to operate Kiawah’s architectural control functions and allow the adoption of these functions in phases.

The original covenants allow KICA to have architectural control of Kiawah’s common properties, but not all member properties. In late 2023, the developer announced the intention to transition Kiawah’s architectural control to the community association, so it is crucial to empower the association to execute these responsibilities.

It is important to note that the amendment grants KICA the foundational authority to operate architectural review functions, but how and when the responsibilities will be transitioned and operationally executed will reside in a plan that is currently in development by the KICA/TOKI ARB Work Group, in collaboration with Kiawah Partners. The work group’s transition plan will require board approval.


Amendment 3

Clarify KICA’s Authority to Establish and Enforce Rules

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If approved, this amendment carefully protects members' quality of life by asserting the authority of the board to modify or establish community rules and enforcement procedures.

The original covenants mention little about KICA’s responsibility to oversee and enforce island rules. This amendment asserts the association’s essential function to establish and enforce community rules, through the Rules and Regulations document.

It is important to note that the KICA board contemplates a significant review of the existing Rules and Regulations document in the next phase of their governance efforts.


Amendment 4

Update Terminology and Clarify Notice Provision

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If approved, this set of miscellaneous administrative updates to the covenants will provide more clarity and accuracy. These changes do not directly impact core governance.

Some of the existing nomenclature is out of date (e.g. the Town of Kiawah Island is not mentioned, as it didn’t exist in 1976 when the covenants were recorded) and the notice provisions require updating and clarification.

This amendment also stipulates that if any conflict exists between the KICA Covenants and relevant South Carolina law, the SC law will control.


People Meeting

Timeline

Amendments Development & Community Input

2022

Governance Task Force Established (The task force rewrote KICA’s By-laws and gained board approval in 2023.)

2024

January: Governance Task Force Began Earnestly Reviewing KICA Covenants
March: Task Force Annouced Focus on Four Amendments
April: Task Force Shared Four Amendments for Member Feedback
May: Task Force Published Member Feedback
June: Task Foce Published Revised Amendments
July: Board Recommended Four Amendments for a Vote of the Membership


Community Gathering

Ask Questions, Learn More

Community Info Session

August 2024

A community meeting will be held in mid-late August to provide members with a chance to ask question and gain deeper insight into the four amendments and the voting process. Details will be announced in the coming weeks.


Vote: Sept 5 - Oct 9, 2024

Cast Your Ballot

Each Kiawah Island property receives one ballot, provided to the primary contact of the managing household. Voting will open Sept. 5 and remain open through Oct. 9 at 12 p.m. (noon).

60% of available votes must be cast for a valid vote of the membership.
75% must vote in favor for an amendment to pass.

You will have the option to vote in favor, against or abstain from each of the four amendments.

View the Sample Ballot - Coming Soon

One member per property votes: the primary contact of each managing household. (Login to your member account to view your property’s primary contact.) The ballot will be provided by KICA’s third-party voting processor, Vote-Now. The ballot and unique voter registration code will be sent by email on Sept. 5, 2024 by [email protected]. (Check your Spam folder if you don’t see the email.) Click the ballot link within the email and your voter registration code should auto-populate, allowing you to enter your ballot.

You will have the option to vote in favor, against or abstain from each of the four amendments.

Once your vote has been cast, it cannot be revoked. Please vote as soon as possible to help the association meet the 60% quorum requirement in advance of the close of the vote.

Click here to vote (Sept. 5 - Oct. 9)

Online voting is encouraged, but you can also vote by calling 844-797-4575 (M-F, 9 a.m.-6 p.m. EST). All ballots must be received by Oct. 9, 2024 at 12 p.m.

KICA’s Covenenats outline how the association should function and what rights are granted to its members. These things directly impact your experience and your property’s value. Two of these amendments are time sensitive, and all four are meaningful changes.

If you choose not to participate in the vote, you would be indicating you do not agree with the covenant amendments—and would also not contribute to the quorum requirement. If you are unsure of how to vote, you have the option to abstain, which will help contribute to the very high quorum requirement.

If quorum is not met, the association would conduct the vote again, at the cost of the membership.

Need Assistance?

For questions about the covenant amendments, contact [email protected].

For voting assistance, contact [email protected].