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Ruling on the Mandatory PB Club Membership matter/ Notice of Annual Meeting

03/17/2025 1:47 PM | Richard Cedrone (Administrator)

Dear PBNA member:

Mandatory Membership Waiver.  As you may recall, in May 2023 South Street Partners (SSP) unilaterally “waived” the requirement that Palmetto Bluff property owners be members of the PB Club.   This was done without a member vote as required by section 4.2 of one of our keystone documents, the Recreational Covenant.  Five residents (Plaintiffs) challenged this change and SSP (the defendant) agreed to an expedited legal process using a referee.  The referee issued a ruling on Friday, March 14th.  The referee decided in favor the plaintiffs, agreeing that SSP did not have the legal right to make this change without a member vote.  The ruling stated:

“I find that the provisions of the Charter and the Recreation Covenant we intended for the mutual benefit of the Developer and the Owners and thus, the mandatory membership requirement could not be unilaterally waived by the Developer.”

This ruling is important as it underscores the need for our developer to act in accordance with the documents, which we all agreed to when we bought our properties here in Palmetto Bluff.

What’s next?  In short, we don’t know.  SSP has the right to challenge the decision and potentially appeal the decision to the South Carolina Appeals Court.  They could also choose to rescind the waiver.  A third option is they could put this matter to a member vote which requires a majority to property owners to agree in writing to the change.  Other options may exist.

The ruling is a public document; let us know if you want a copy. 

Annual Meeting Notice.  We are excited to let you know that the Palmetto Bluff Neighborhood Association, Inc. (“PBNA”) will hold our Annual Meeting of Members on April 15, 2025, at 5:00 p.m. local time, at Wilson Lawn and Racquet, 30 Leila Bell St., Bluffton, SC 29910.

The purpose of the meeting is to elect members of our Board of Directors, following which we look forward to an opportunity for members to discuss our community, the many wonderful things that deserve our support, and opportunities for improvement.   

PBNA directors serve three-year, overlapping terms.  The nominees are:

Term expiring December 31, 2028:  Cathy MacKinnon and Jay Parker

Over the past year, the Board has worked to keep members informed of developments, advocate for member interests with management, and revitalize the PBNA. The Board has waived member dues for 2025, and the balance sheet of the PBNA is essentially a small amount of cash used primarily for maintenance of the website.

We have heard from many members that they would like to participate in an open discussion regarding our community but will be away.  We are looking into online participation and will report back.

Again, we are pleased to bring members together for a broad, constructive discussion, and we look forward to seeing you.

Sincerely,

Palmetto Bluff Neighborhood Association, Inc. 

Current Board Members:

Cathy MacKinnon, John Meltaus, Bob Morette, Jay Parker, Frank Riddick and Allen Roth

If you have friends and neighbors who are interested in joining, please tell them to go to our website, www.pbnabluffton.com, and click “join”.


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