Dear PBNA Members,

Today, we sent the following letter to the governing board of our POA, the Preservation Trust.  We are trying to work with the developer and management to find a better solution.   Please feel free to share this email with your friends and neighbors.

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March 12, 2025

VIA EMAIL AND CERTIFIED MAIL

Henry Armistead 

Gray Ferguson

Mark Polites

Jordan Phillips

Board of Stewards of the Palmetto Bluff Preservation Trust, Inc.

11 Village Park Square 

Bluffton, SC 29910

Re: Village Green Policies

Sirs

We awaken to your attention the ongoing problems surrounding construction and outside events on the Village Green and the failure of the Board of Stewards (the “Board”) of the Palmetto Bluff Preservation Trust, Inc. (the “Trust”) to address the legitimate concerns of many members and to carry out its duties under the governing documents of the Trust.  In this case, beyond adopting incomplete policies ostensibly to balance use and enjoyment of the Village Green, we believe the Board has failed to ensure that even those policies were followed.  Further, it was reported to many members and some of us that the Board instructed Palmetto Bluff security not to enforce the Village Green and Surrounding Areas Policy.  Many members found last week’s events to be shocking, disturbing and grossly at odds with the reassurance that you proffered during the January Preservation Trust meeting, and the Board now needs to address the members with more than a dismissive, vague and hollow response.

The Board trumpeted the adoption of the Village Green policies at the Trust meeting held just a short while ago on January 27, 2025, and posted the policies on the member website.   Despite these policies, repeated, clear-cut violations have been reported by members to us over the past several days, including:

 ·      Contractors working in the tree canopy.

• Trucks parking and unloading other than on the River House side of the Green.
• Workers parking other than in designated parking lots.
• Undue blocking of streets surrounding the Green.
• Possible continuation of work after 8 p.m.

These violations are in addition to the unfortunate cutting of at least two trees on the Green. We continue to be concerned about the potential unlawfulness of that action.

To exacerbate the violations, it is our understanding Montage security and other personnel present at the site have not prevented violations from arising or ensured in a timely manner that all policies are followed.  Preservation Trust security staff, paid for by the resident-members of the Trust, have refused to address the violations directly, reportedly under instructions from you.

Board of Stewards

March 12, 2025

Page 2

In addition, Gray Ferguson reported earlier that protective chain fencing would be installed around the Wilson ruins.  This has become another unfulfilled promise.

We would like to believe that the Board did not adopt these policies as mere pretext, with no real intent of ever enforcing the policies or giving due consideration to the interests of the resident members of the Trust.  This letter is not intended to be a precursor to more litigation, but rather an invitation for the Board and Developer to listen to members, work collaboratively towards a solution, and think through some of the obvious shortcomings of the present situation.

The Board and Developer should work with the Members to create viable Village Green Policies.

We would like to see the Board and Developer work constructively with members to arrive at a viable and clear set of Village Green policies that are well-communicated and enforced. PBNA is willing to sit down with you in furtherance of this objective, promoting and balancing the Developer’s business interests and the members’ peaceful use and enjoyment of the community.

The policies that you adopted are somewhat arbitrary, vague and incomplete, and they depart from the community standards applicable to other contractors. In terms of just the construction, a suggestion is there be a Village Green plan showing the required setbacks around the Green perimeter for structures and stakes to clearly avoid any tress, ruins or other important features. The venue sizes simply must be managed to avoid these incidents. The venue should be staked out prior to construction and agreed upon, just like all our homes.  These are obvious steps, and the absence of these safeguards gives the impression that the Board wants to cede to Montage leeway to construct whatever structure it wants to construct.  That is unacceptable, as is the unilateral adoption of “policies” purportedly to balance member interests, without member input.

Let us know if you would like to arrange a meeting.

The Board needs to communicate what penalties have been imposed for the recent violations and what is being done to prevent violations.

The Board must strictly enforce these policies against Montage, its contractors, and its guests.  The Board should have a zero-tolerance approach to violations.  We would like your written reply specifying in detail (i) what steps the Board will take to prevent violations from arising in the future, for example, advance communication of height, size and set back restrictions to wedding planners and vendors, and inclusion of this information in Montage marketing materials, and (ii) what sanctions, fines, suspensions and other repercussions have been enforced against Montage and its management, employees, and vendors as a result of the egregious transgressions over the past several days, as well as over the prior weeks.

Board of Stewards

March 12, 2025

Page 3

The Board needs to communicate to members what exactly is the authority, required actions and required inactions of the Preservation Trust security, so members will know when they have protection and when they do not.  

At this point, we are not sure what the standing instructions are for the Preservation Trust security team, and specifically when and to what degree that team is or is not protecting members, their property and their interests.  While the assumption has been that the Preservation Trust security team must be looking out for members, it is possible that the team has been instructed not to act in certain situations, or to prioritize the interests of the Developer, Montage, or hotel or outside event guests over those of the members.  It would be useful to know if the team is instructed to prioritize covering up bad behavior from outside guests.  To avoid uncertainty, the Board needs to clearly articulate to us the authority, requirements, priorities and limitations of the Preservation Trust security team.  

Specifically with respect to outside construction and events on the Village Green, please articulate whether Preservation Trust security are authorized and required to enforce the policies in the event Montage security and other personnel, whether or not present, do not ensure all policies are followed.  This has become an immediate source of frustration for some members.

More generally, given the concerning attitude of Montage and what seems to be an apparent order to Preservation Trust security to stand down at outside events, we are concerned with the safety and security of the members of our community.  In your reply, please indicate what if any authority and direction Preservation Trust security have and must follow in an instance where an outside vendor or outside partygoer acts in an unruly or unlawful manner. Also indicate whether you have considered whether Montage, at its cost, should be required to arrange for a Bluffton police detail to be present during the entirety of outside events on Wilson Village Green.  

The Board is responsible for setting policies that ensure Preservation Trust security is here to protect us. We would like to know if the security team’s instructions differ from our expectations or limit the team’s efforts towards member safety and security.

Conclusion.

Without even addressing the adequacy or fairness of your policies, you have self-published incomplete policies and then failed to enforce them.  Given the seriousness of these matters, particularly our safety and security concerns, we must insist on better communication from you in your response to this letter.  Please be clear and truthful in your response.   

Board of Stewards

March 12, 2025

Page 4

Due to your fulsome outside event calendar and potential for our safety and security risk, we require your written reply by the close of business on Friday, March 21, 2025.

Sincerely,

Palmetto Bluff Neighborhood Association, Inc.

Current and Pending Board Members:

Cathy MacKinnon

John Meltaus

Bob Morette

Jay Parker

Frank Riddick

Allen Roth