August 11, 2026

 

PBNA Newsletter

Palmetto Bluff Neighborhood Association

Dear Neighbors

While you enjoy longer summer days, visits from extended family, and your seasonal holiday excursions, we wanted to provide an update on a few items.     We will start with a welcome.

Welcome to Mark Lammi!

Our new general manager and chief operating officer, Mark Lammi, recently arrived and is already making a positive impact.  Mark has been getting out into the community and is very open and communicative with members.   We look forward to seeing Mark around campus.

 

A Note on PBNA and Litigation

As some have asked and as there may be some confusion with the different actors and organizations with “Palmetto Bluff” in their name, we want to be very clear about PBNA’s role.  

PBNA is not a litigant and does not exist to be a mouthpiece or support group for litigants.  Founded in 2013, PBNA existed long before the pending cases were filed and will exist long after they are completed.

PBNA exists to provide independent information to and to advocate for PB homeowners (individually and collectively), to promote the vision of our community, and at times to act as a watchdog on the developer, including developer-controlled entities and its embedded management team.   PBNA is here to work for PB homeowners (even those that some of us may disagree with from time to time), which means at times we need to report the facts or highlight decisions or changes that impact PB.  To that end, PBNA will report and comment on litigation that we believe affects our PB community.  That is our role.

As a good example, consider the joining fees.   Strong clubs collect them, which builds exclusivity as well as funds for amenities and programing.  

SSP Goes to Market

Word on the street is that SSP is still in the market raising capital for its next private fund with a target fund of $250 million and a hard cap at $500 million.  Reportedly early closings in late 2025 yielded $116 million.    Apparently, SSP boasts that PB is Fund I’s best financially performing investment by far, with their more than 100% annual dues increase being a key driver of that performance.

If SSP’s business model at PB is to take as much money out as possible and to avoid putting any money in unless it directly and immediately creates cash flow back to investors, then that would explain the projected investment returns as well as the absence of new base club amenities. Therefore, we would not be sanguine on the timing of any new Crossroads amenities.

From recent news, it looks like SSP may be exiting the office market and concentrating on the residential, private club, and hospitality (drive to resort) markets.  The rate of return of this old SSP office deal apparently is not included in SSP’s investment track record for the new fund.

The question, of course, for PB homeowners is whether we are getting top-in-class amenities, programming and services—for the base club or the specialty clubs, such as golf.   Thus far, no clubhouse, no locker room, no men’s grill, no ladies’ lounge, no new restaurants, no permanent fitness facilities (although we acknowledge the exceptional new fitness equipment), PB homeowners paying to rent the new gym, overcrowded pools during the holidays, etc. as well as reduction or elimination in some areas.   Opinions vary on the number and quality of the special events and programs.

Anecdotally, we hear people value the God-given beauty and nature of PB, the company of their fellow members, and the range of available activities.  The amenities and programming need to keep up.  

 

Litigation Update

For those of you keeping score at home, it’s now PB plaintiffs 6 – SSP / HP 0 in South Carolina courts.

SSP/HP filed motions in response to the original April 2022 litigation filed by 17 resident members seeking to dismiss the case as well as to compel arbitration if the case moved forward.  After a July hearing on this and other motions, the circuit court denied SSP/HP’s motion to dismiss as well as their motion to compel arbitration in September 2022.  (That order can be found here.)

SSP/HP appealed this decision and in July 2024 the South Carolina Court of Appeals affirmed the circuit court’s decision.  SSP/HP requested a re-hearing in September 2024 and the Court of Appeals denied that re-hearing in November 2024, though it modified its September 2024 opinion.  In December 2024, SSP/HP appealed the Court of Appeals’ decision to the South Carolina Supreme Court.  Oral arguments were heard in April 2026 and in June 2026, the SC Supreme Court issued a decision in which it agreed with the Court of Appeals and denying SSP/HP’s request to compel arbitration.

In July 2026, SSP/HP asked the South Carolina Supreme Court to reconsider its recent decision in favor the plaintiff group.   Later that same month, the Court stood by its determination that their dispute should be resolved in state court and not in private arbitration.

To save you the research time, the short and sweet additional ruling of the Supreme Court, signed by each of the Justices, is below:

“ORDER

After careful consideration of the petition for rehearing, the Court is unable to discover that any material fact or principle of law has been either overlooked or disregarded, and hence, there is no basis for granting a rehearing. Accordingly, the petition for rehearing is denied.”

Columbia, South Carolina, July 24, 2026”

Where Does This Go, and When Can We Stop Talking about Litigation?

Many cases settle as they move into trial and discovery, so stay tuned.

It is hard to get a read on the SSP/HP litigation strategy.   One the one hand, a spokesperson for SSP/HP told the Wall Street Journal in June 2026 that “[t]he defendants sought to invoke the arbitration provision as an alternative to long court proceedings.”   However, SSP/HP reportedly walked away from all efforts to settle the case and have now spent more than four years litigating over where the dispute will be resolved (arbitration or courts) instead of resolving the dispute itself.   That seems inconsistent with the spokesperson’s statement to the Journal. 

In business, one has the right to adopt whatever litigation strategy one chooses to deploy.  However, that strategy may not be in the best interest of PB homeowners, good customer relations or value, or public perception of PB.

An interesting article on the rise of forced arbitration clauses in business, why some businesses like them, and why some consumers just say “no” and strike the clause out of proffered contracts when asked to consent, can be found here.

We have invited Nick Weber, CEO of HP, to have a friendly public discussion (not a debate or one-sided presentation) with us and the entire community this Fall.  We will report back on the response.

 

Paying Your Bill – a Better Option

As the notion of a 0.5% surcharge was met with some displeasure, the club has announced that PB homeowners can either (1) write a check, lick the stamp, and drop payment in the mail or, if local, swing by the finance office located in Citadel, or (2) sign up for the secure ACH program where the Club can reach into your bank account on the 20^th of each month.   Option 1 is a hassle and option 2 raises the question of how secure is secure.  Also, mistakes happen in billing and option 2 shortens the time, and could cause you to miss the opportunity, to review and correct your bill.  Option 2 also introduces the risk of fat-fingering the amount to be deducted from your account.  PB homeowners might consider a third option. 

Mark Lammi and Monika Christopher have confirmed that if you set up an OUTBOUND electronic payment with your bank to the PBC bank then you will not be charged the 0.5% surcharge.  You can set up either an ACH or wire transfer with your bank or add the club to the list of other businesses and clubs that you pay with an electronic check.  Most banks do not charge you for anything other than a same-day wire, which is unnecessary here.

PB homeowners would be in control of pushing funds out of your bank, instead of the club being authorized to pull funds from your bank (without you necessarily signing off on the amount).

Monika, who is very helpful in these things, will email you ACH/wire transfer and e-check routing and account information.

mchristopher@palmetobluff.com

mlammi@palmettobluff.com

Let’s End on a Happy Note

Cole’s opened early for the World Cup finals, which was enjoyed by many.  Hopefully this will continue.

It’s great hearing about everyone’s spectacular excursions around the world.  It would be nice to have a repository for all the itineraries and recommendations!

 

Bluffton Self Help Fundraiser

There is an event for Bluffton Self Help on October 16 at The Farm. 

https://blufftonselfhelp.org/sips-seafood-party/

 

Major Thanks!!!

To the entire operations team that is maintaining our pools and in particular the chillers which are working superbly.  Thank You, Thank You, Thank You!   Perfectly chilled.

 

Join PBNA

Please share this link to join PBNA. Receive our newsletters, stay apprised of important information affecting our home values, privileges, rights and all at the great things happening on the Bluff. Encourage your friends and neighbors to join this Fall. Numbers matter and PBNA “NEEDS YOU” in order for us to have an impact and a voice in the stewardship of our beautiful Palmetto Bluff.

 Is this information totally accurate?  Just want to make sure.

Your PBNA Volunteers,

Cathy MacKinnon
John Melthous
Holly Miller
Frank Riddick
Allen Roth