Palmetto Bluff Neighborhood Association PBNA Communications

PBNA April Newsletter

Thu, 02 Apr 2026 14:28:13 GMT

April 1, 2026

PBNA Newsletter

Palmetto Bluff Neighborhood Association, Inc.

Dear Neighbors,

We look forward to seeing you at the next PBNA Annual Meeting on Wednesday April 22nd, 5:00 pm at the River Road Lodge Lawn, Waterfowl Road.

It is important that you vote! A link to the proxy is here. You will need to login to vote.

PB Community Update

Following our January 8, 2026 Financial Perspective Update, PBNA was invited to meet with Rob Duckett and Gray Ferguson. The purpose was for the developer to better understand PBNA’s role and mission. We also had candid conversations about the level of distrust that many members have with South Street Partners’ (SSP) approach to managing and operating Palmetto Bluff. Specific examples were presented. Rob Duckett appeared to be receptive to our discussions and improving the developer’s relationship with PB members.

To promote collaboration, PBNA and Rob Duckett agreed to meet regularly moving forward.

While long, we thought the SSP Annual Meeting improved on prior years’ presentations by providing some detail on future plans, especially regarding the CrossRoads development.

We also appreciated the follow-up focus group meetings, to which those attending the Annual Meeting were invited. The developer acknowledged member feedback regarding the desire for more specifics around the development master plan, food and beverage offerings, and maintenance of the property. We suggested more roundtables in the future around specific topics, such as food and beverage, in part because members like to hear what other members are thinking. There has already been reach out by the developer on F&B, and Rob Duckett in a later conversation relayed that he would have an update on the community master plan very soon. We amplified the request that an additional dog park be part of the community expansion. As we all know, the proof will be the action items taken from these meetings.

A number of PB members, as well as the PBNA Board, have provided a list of follow-up questions on key areas of concern that were not addressed in sufficient detail or at all during the Town Hall, and we await responses from the developer.

Stay tuned as this pursuit progresses.

Staying in the Know

Rob Duckett, as representative of the ownership group (Henderson Park- SSP joint venture), the local developer (SSP), and Club and POA management teams, all three of which we shall collectively refer to as “the developer,” has stated a preference for one-on-one verbal communications with PB members. The PBNA Board, on the other hand, has expressed its preference for communicating with members broadly, openly, and in writing, not only to improve transparency and ensure consistency, but also for efficiency and cost-effectiveness. Many in the community like to hear the feedback provided by other members. Details or topics may be discussed in one meeting and omitted in another, yet more broad-based communications allow those details to be disseminated widely and accurately, ensuring a “level playing field” of knowledge. Communicating in silos is suboptimal. Moreover, to the extent that PB clubs are allocated costs for the developer’s many executives and managers, one-off communications contribute to our rising dues.

Many members include the PBNA on their emails to the developer or management as the PBNA is a resource of information and can share insights obtained from other members.

Mobile Bluffton Town Hall Hosted by PBNA

On Monday February 23^rd, PBNA hosted a Bluffton Town Hall meeting at the River Road Lodge. Mayor Larry Toomer, Town Manager Stephen Steese, Chief of Police Joseph Babkiewicz, and others presented the current and future plans for Bluffton. PB is within the Town of Bluffton and subject to a development agreement with the town.

A common question is what PB gets from the town, and whether the interests of the developer and residents are treated even handedly. We know what we pay in property taxes – that tax revenue goes to Beaufort County. It appears that approximately 22% of property taxes collected by Beaufort County are directed to the Town of Bluffton full-time residents, and for non-residents, that amount is approximately 13%. The town provides the POA with a trash pickup reimbursement (which, when combined with Montage site fees, amounted to $332,822, or 2.95%, of the total POA receipts (assessments, passes, etc.) of $11,270,066 through the third quarter of 2025. It is unclear if and under what conditions the town police would ever be allowed to come into Palmetto Bluff if called by a member. The county provides many services such as 911 call management and emergency medical response.

PB members might be surprised to know that big chunks of what you think of as Bluffton are not actually in the town of Bluffton (Colleton River, Moss Creek, The Crescent, Belfair, Rose Hill, Berkely Hall, Island West, Bartons Run, Gascoigne Bluff, Alljoy, and Myrtle Island among other parcels). This unannexed land is governed only by the county. A separate myriad is law enforcement jurisdiction among the town police, the county sheriff, and private community security registered with the state law enforcement division (SLED). Similar jurisdictional complexity exists with regard to maintenance of local roads. (More on this below.)

For those of you who are civic minded, PBNA is organizing a Government Liaisons Committee to cover town, county and state relations. Feel free to raise your hand and join. Secession has thus far not been on the table.

While not from this meeting, there was an interesting presentation made by Town Manager Stephen Streese regarding the Bluffton future that our members might find interesting. If interested click here and start around 48 minutes.

SC 46/Old Palmetto Bluff Road Traffic Light

It was wonderful to read in SSP’s March Club Update that a traffic light has been approved for our intersection. PBNA wants to recognize the efforts of both the developer and residents in achieving goal. Pressure was applied by many groups and individuals at many levels and we now look forward to the traffic light installation.

It is yet to be seen who pays for the light, but May River Road is a state road.

PB members may be surprised to know that the POA (Trust) owns Old Palmetto Bluff Road, which is the road from the gate house to the May River Road. (The older road, inexplicably called Palmetto Bluff Road, which is to the right as you exit PB, is owned and maintained by the SC Department of Transportation. It is also known as State Road S-7-35.) As you know, public, commercial and New Riverside traffic have use of Old Palmetto Bluff Road. May River Road (SC Highway 46) is a state road. Part of the challenge is that Bluffton is a hodgepodge – there a very few town roads, many private roads, and an assortment of county and state roads. For those with time to kill, the Bluffton road maintenance map is available here and extra points if you can find the ghost streets in Bluffton.

Litigation Update

Litigation No. 1

On the morning of Wednesday April 22^nd, just before our Annual Meeting, your South Carolina State Court will hear the ownership group/developer final appeal challenging the two rulings of the lower court and the appeals court. Both of those prior rulings determined the arbitration clause in some Club documents is unconscionable and unenforceable. This issue has ramifications beyond PB and will be an interesting statement by the court regarding the role of the courts in South Carolina. The ownership group/developer prefers arbitration – among other reasons because arbitration proceedings are not public. The case has been going on for years, thus far focusing on where the dispute will be resolved and not on resolving the dispute itself.

PB members who are career litigators have commented that cases often settle on the eve of discovery and trial. A decision that this case belongs in the courts and not arbitration could be viewed as accelerating that process. As a reminder, prior settlement discussions have included consideration of whether the ownership group/developer requires that any settlement bind the entire community—that means you, even if you are not a party to the litigation.

PB members need to get smart on what they would agree to, less a small fraction of the community find themselves in the awkward position of having to come up with a “take it or leave it” proposal that has not been previewed with others.

We plan to attend the Supreme Court hearing and will report that evening.

For those of you who are governance minded, the PBNA Governance Committee covers adherence to PB documents and laws, litigation and settlement developments. Feel free to raise your hand. PBNA itself is not and does not intend to be a litigant.

Litigation No. 3

Litigation against the POA and its board of stewards is ongoing and focuses on the fiduciary duties owed to PB residents.

Litigation No. 4

A new suit was filed on February 12, 2026 against Palmetto Bluff Development, LLC, Palmetto Bluff Club, LLC, and South Street Partners, LLC which goes to the issues of joining fees, adherence to agreements, and fairness. It can be found here.

Noise

An attorney for several members sent a letter to the Town of Bluffton and its outside attorney stating that the exception to the town noise ordinance—which the Montage relies on to avoid noise level and time-of-day limitations—does not apply to Montage events and in any event violates other South Carolina statutes restricting noise and general nuisance. To date, the Town of Bluffton has not responded to this letter.

Some members have also asked the developer for more information regarding the additional event venue being considered for Montage. We await the developer’s response as it works through its planning, although on a positive note we have been told that the developer has spoken with some of the residents along the affected section of Mt. Pelia Rd.

The ongoing event, construction and set-up noise and activities continues to be a vexing issue for many of those who live in the Village, and we would like to see hotel-member relations improve for everyone.

Club and Trust Financial Review

PBNA is continuing its review, audit and benchmarking of Club and Trust financials. Among other items, we are looking at the scope and process of the first Club audit, confirmation of the assets and properties owned by the Club (as opposed to developer-affiliates), allocations of cost among the Club, Trust and developer-affiliates, and Trust assessments and revenues.

Citadel, the River House and the Village Chapel do not pay a POA assessment and are free riders. That apparently is based on the agreements with the prior developer, and we don’t know if and when this might change. A review of POA revenues, expenses, assets and reserves is part of a deeper dive to come. Pertinent to recent avowals of building trust, transparency, reasonableness and fairness are all we ask.

For those of you who are business model, community roadmap, and financially minded, PBNA’s Financial Committee monitors and benchmarks our community. Feel free to email PBNA if you would like to participate.

South Wilson Bluff Stone Revetment Project

This very important POA project has started and PBNA was excited to read the POA’s March 24, 2026 update. We were on the water recently and snapped the following photos of the progress thus far (photos are located at the end of this newsletter). We have heard from the affected S. Wilson residents that they are happy with the project and progress. We are following up with management to update the actual cost of the project to the POA.

Save the Date! Annual PBNA Meeting on April 22^nd, 5:00PM at River Road Lodge Lawn

It is important that members show that they care by voting, attending the meeting if possible, and most importantly letting us know where they want to see focused efforts over the next year.

Please vote today! A link to the proxy is here. You will need to login to vote.

The purpose of the meeting is to elect two candidates for our Board of Directors, following which we will report on the PBNA’s recent activities and hear from PBNA members regarding their priorities for the coming year. Likely topics include:

“Building Trust” with the ownership group and developer
The in-progress first-ever PB Club audit (and who owns what)
A real-time report on the SC Supreme Court hearing earlier that morning and our view of prospects for settlement
Upcoming member survey
Invitation to join community committees (more on this below)
What is important to you!

Committee Volunteers Needed!

Committees are a great way to participate and contribute to the community, while limiting your overall time commitment. Please consider if you would like to play a role and, if so, send an email to pbna2020@gmail.com indicating your area of interest.

Social – the fun committee
Membership – increase our numbers to strengthen our united voices
PB Governance – monitoring governance, litigation and settlement developments affecting all PB members
PB Financial – review club and POA financials and audits and benchmark PB with similar communities
PB Special Interests – drill down into areas like dog parks, boat club programming, golf tier privileges, and the art loft access in a deeper manner than the PBNA board is able
Communications – newsletters and maintaining PBNA’s website
PB Government Liaison – monitor developments on town, county and state issues such as roads, traffic lights, law enforcement, emergency response, and safety

Over the past year, the PBNA Board has advocated for members’ interests with the developer, pursued special projects, such as the May River traffic solution and the Trust capital reserve, and analyzed the Club and Trust assets, budgets, costs and revenues.

The PBNA’s mission is to promote transparency, communication, and education to ensure Palmetto Bluff remains a special place. We provide an avenue for transparency as well as an organized voice. PBNA is independent of the ownership group and developer.

Invite fellow members to join the PBNA! https://pbnabluffton.com/Join

Get involved! Let us know if you would like to participate on a committee or project. Please email us at pbna2020@gmail.com.

Thank you,

Your PBNA Volunteers

SAVE THE DATE - APRIL 22, 2026 - PBNA ANNUAL MEETING

Sat, 21 Mar 2026 13:42:29 GMT

March 20, 2026

Dear Neighbors,

Palmetto Bluff Neighborhood Association, Inc. will hold our Annual Meeting of Members on Wednesday, April 22, 2026, at 5:00 p.m. local time, at The Lodge, Waterfowl Rd., Bluffton, SC 29910.

It is important that members show that they care about issues in our community. This can be done by voting (most important), attending the meeting if possible, and by letting us know where they want to see focused efforts over the next year.

The primary purpose of the meeting is to re-elect candidates for our Board of Directors, following which we will report on the PBNA’s recent activities and hear from members regarding their priorities for the coming year. While we are still finalizing the agenda likely topics include:

“Building trust” with the ownership group and management
Monitoring the in-progress first Club audit (and who owns what)
A real-time report on the SC Supreme Court hearing earlier that morning and prospects for settlement
Member survey
Invitation to join community committees
Social – the fun committee
Membership – strengthen our united voices
PB Governance – report on PB governance, litigation and settlement developments affecting all PB members
PB Financial – benchmark our dues, amenities, and service levels with similar communities
PB Special Interests – amplify the asks from the ‘clubs within a club’
What is important to you!

PBNA directors serve three-year, overlapping terms. The nominees for election this year, with terms through December 31, 2029, are Holly Miller and John Meltaus.

Please vote by proxy via the link HERE.

Over the past year, the PBNA Board has advocated for members’ interests with the developer and management, pursued special projects such as the May River traffic solution and the Trust capital reserve, and analyzed the Club and Trust assets, budgets, costs and revenues. The PBNA Board is reviewing the engagement of an industry expert or auditor to assist in benchmarking. The PBNA’s balance sheet consists of cash used for ongoing operations.

The PBNA promotes member interests through transparency, communication, and education and is independent of the ownership group, the local developer, and management.

Invite fellow members to join the PBNA! https://pbnabluffton.com/Join

Get involved! Let us know if you would like to participate on a committee or project. pbna2020@gmail.com

Your PBNA volunteers,

Cathy MacKinnon, John Meltaus, Frank Riddick, Allen Roth, and Holly Miller

Reminder of Mobile Town Hall, Montage Event Lawn Info and The Island Packet

Thu, 19 Feb 2026 19:48:24 GMT

Dear Neighbors,

We have three items to discuss.

1. PBNA is excited to remind you about the upcoming Mobile Town Hall! Please see the details below and come and meet members of Bluffton’s town government.

---------------------------------------------------------------------------------------------------------

Monday, February 23, 2023

6:15 PM

The Lodge

Mobile Town Hall Representatives

Mayor Larry Toomer

Fred Hamilton – Mayor Pro-Tempore

Emily Burden – Town Councilwoman

Dan Wood – Town Councilman

Joe Babkiewicz - Chief of Police

Stephen Steese - Town Manager

Keven Icard - Director of Growth Management

--------------------------------------------------------------------------------------------------------

2. As part of PBNA’s mission to keep members informed about our community, we recently learned about a new Montage event space, which was presented to the town of Bluffton’s Development Review Committee on October 22, 2025, for preliminary approval.

The documents related to this presentation include:
- The Town’s Development Review Committee Agenda from October 22, 2025, which outlines the Preliminary Development Plan for the Palmetto Bluff Montage Event Lawn
- A project narrative
- Proposed plans, including maps
- September 19, 2025, plan review comments
Files are liked below.

FILE 1
FILE 2

FILE 3

FILE 4

We were impressed by the thoroughness and transparency of the Palmetto Bluff Annual Town Hall hosted by SSP last night. However, there was no comprehensive update regarding this alternative Montage event space during the meeting, although it was briefly mentioned as the last Q&A item. We are sharing this information because Club management did not thoroughly address it during the town hall. We believe this is a significant development that community members should be aware of. Please note that this is a preliminary approval application to the Town and not a final one.

3. The Island Packet published an article about 2025 complaints from homeowners' associations (HOAs) in South Carolina, specifically mentioning Palmetto Bluff, which received three complaints. A "satisfactory response" from the HOA simply means they responded to the complaints via email to the South Carolina Department of Consumer Affairs. It does not imply that the issues were resolved, questions were answered, or that the complainants were satisfied. It only means that there is a record of the complaint for review by the South Carolina governor's office.

The article can be found HERE.

Thank you, and we hope to see you on Monday at the Mobile Town Hall.

Your PBNA Volunteers

Annual Town Hall Questions Submitted to Club Management

Mon, 16 Feb 2026 03:39:21 GMT

Dear Neighbors,

Below you will see PBNA's email to the Palmetto Bluff club management, which includes a link to questions compiled from fellow PBNA members to be addressed at the annual town hall meeting this Wednesday.

---------------------------------------------------------------------------------------------------------

Evening Gray - First off we (PBNA) want to thank you and Rob again for our meeting last Thursday. We found it very productive and look forward to future collaboration and meetings.

Prior to our meeting, PBNA sent out a newsletter stating that if residents would prefer to forward any questions for the Annual Meeting to PBNA we would compile them and forward them to Management. Attached please find the many questions that approximately 10 residents forwarded to us (2026 SSP Annual Meeting Questions). To assist you in replying we have compiled the questions into categories. Based on my cursory review I believe many can be addressed during the meeting.

For any questions not to be addressed at the meeting please provide a written response and we will forward back accordingly.

Again, thank you and look forward to the Annual Meeting.

Allen Roth
PBNA Volunteers

Annual Town Hall Reminder and Questions

Tue, 10 Feb 2026 20:09:33 GMT

Dear Neighbors,

We’re excited to remind you about the Annual Town Hall happening next Wednesday, February 18, 2026, at 4 PM! It’s a great chance to connect with your fellow members and hear the update on the community. Club management has asked that we submit our questions in advance to make the most of our time together.

If you'd prefer not to submit your questions directly to them or would like us to submit them on your behalf, please send them to pbna2020@gmail.com by this Friday, February 13, 2026.

Don’t hesitate to share any and all questions you might have—even if you think someone else might ask the same thing! We’ll review everything and make sure the most common questions are highlighted in our submission to Club management. This way, everyone’s voice is heard, and we can address the key concerns of our community.

Looking forward to hearing from you!

Your PBNA Volunteers

Jay Walea

Thu, 22 Jan 2026 17:06:02 GMT

Dear neighbors,

It is with heavy hearts that we learn about Jay Walea's health condition. In light of this, PBNA would like to extend our support by sharing the GoFundMe link below to benefit him during this challenging time.

Fundraiser for Karen Tootle Walea by Rans Thomas : Support Jay Walea

Your PBNA volunteers,

Town of Bluffton Palmetto Bluff Community Update Presentation

Tue, 20 Jan 2026 17:50:00 GMT

Dear Neighbors,

As a follow-up to our PBNA January newsletter, please see the links below to the Annual Palmetto Bluff Development Agreement Update presented by Will Howard to the Bluffton town council members.

Video https://www.beaufortcountysc.gov/bctv/index.html#vod

PDF 2026 Palmetto Bluff TOB Development Update.pdf

Your PBNA Volunteers,

PBNA January 2026 Newsletter

Thu, 15 Jan 2026 18:33:54 GMT

January 15, 2026

PBNA Newsletter

Palmetto Bluff Neighborhood Association

Dear Neighbors,

We look forward to seeing you at the next PBNA Social (ex-Chinwag) tomorrow, Friday, January 16^th, at 4:00 – 5:00 pm in the Coles Game Room. We will again have a cash bar with all the wonderful Game Room activities to challenge us all. The goal is a simple PB membership gathering to catch up and meet your neighbors.

With South Street Partners having their annual meeting and the Mobile Town Hall in February, our next PBNA Social will be Friday, March 6^th.

Bluffton Town Council Received Palmetto Bluff Development Update

Will Howard of South Street Partners presented a Palmetto Bluff development update to the Bluffton Town Council members this week. Some exciting news is the planning of a sports, fitness, and wellness center at Crossroads, including a spa! There were other updates about the future Anson development, the recent cell tower installation, and 2025 Montage statistics.

You can watch the video yourself to get a gauge of what is happening. The video is not yet posted on the town’s site, but it is typically posted within a week of the meeting.

Link can be found HERE.

PBNA Financial Perspective Newsletter Update

We have received some very positive feedback plus valuable suggestions from our latest informational newsletter. We also want to share language within the Palmetto Bluff governing documents:

Section 3.6 of the 2003 Declaration of Recreational Covenant for Palmetto Bluff states that:

• “Such books and records shall be made available for inspection and copying by the owners … upon reasonable request during normal business hours …”

• It also provides:

“If any Owner … desires to have the records audited, it may do so at its expense and Club Operator shall cooperate by making available to the auditors the records, including all supporting material, for the year in question.”

Stay tuned as this pursuit progresses.

Annual Town Hall HOSTED By South Street Partners

Save the Date! Don’t forget to reserve your spot at South Street Partners’ annual Town Hall on Wednesday, February 18, 2026, from 4-6 PM. Location is the Wilson Ballroom, and you can reserve your spot on the member website beginning on January 19, 2026.

Mobile Town Hall HOSTED By PBNA

Save the Date! PBNA and the Bluffton Town Council have organized a mobile town hall to be held on Monday, February 23, 2026! We anticipate this event will begin at 6 PM in the River Road Lodge, but the location is not yet committed. This event will be open to everyone in the community, including the Trust and club management. Join us to meet your town council members and bring your questions!

Anson Point Arrives

It seems that Providence intended this area for a golf course. If that wasn't the case, Bill and Ben, along with their team, and Head Pro Nick Lykens, Super Adam Deiwert, and the entire AP team, certainly made it happen. I want to give a special shout-out to the crew that got the course in such great shape in such a short time. While Anson Point will continue to evolve, we truly appreciate the rough-hewn, natural beauty of the course. The new layout contrasts with and highlights the exemplary features of May River and Crossroads. In golf, a "turkey" refers to three consecutive birdies, similar to three strikes in bowling. As the saying goes, "If the turkey thrives, everything thrives."

Cell Tower Assistance Acknowledgement

We want to acknowledge the efforts of the PB members Cell Tower team. Verizon has forwarded their report that: a) "confirms that the site is operating within expected parameters”, b) recognizes that specifically Davies Road in Moreland is not receiving a reliable signal strength; and c) offers to provide network extenders to affected Verizon users. It is now up to Verizon to work and coordinate with individual homeowners on maximizing their own cellular situations.

A big thank you to Jordan Phillips of South Street Partners for supporting the member cell tower team. We also appreciate the member leadership of Kent Flurry, Bob Dalton, Chuck Fratus, Bob Morette, Jay Parker, Mike Ruppert, and Brad Samargya, with a special shoutout to Jay for his telecom expertise. Excited that the new cell tower is now live! Thanks, Cell Tower team!

Special Shout Out

A very special shout-out to the Worship on the Water that organized the very special Christmas Eve service in the stables. It just gets better every year! Thank you!

Introducing: The Black Book

The Black Book is your trusted directory for local services—plumbing, handyman, repairs, and more—all recommended by your fellow residents, exclusively for PBNA members with a 2026 membership. Click PBNA Black Book under Member Area with this link: Palmetto Bluff Neighborhood Association - Member Area. You must be logged into the PBNA website to retrieve the Black Book.

Your PBNA Volunteers

PBNA’s Financial Perspective

Thu, 08 Jan 2026 22:05:23 GMT

State of the Community: PBNA’s Financial Perspective

The cost of living in Palmetto Bluff has risen sharply since 2021. Between the Club’s price hikes and the Trust’s shift in assessment responsibility from the developer to the homeowners, homeowners are bearing a significantly larger share of the community's operating costs.

Total Annual Impact per Home

Key Financial Trends Affecting Homeowners

1. Shifting the Financial Burden

●At the Club: The number of new property owners increased by approximately 18% and annual dues have surged by 89.5% since 2021. The question to be asked is if the membership numbers have increased without the addition of new Club amenities since 2017, what is the need for such a dramatic increase in member dues? The answer is possibly the dramatic increase in payroll costs. Under Montage management, payroll costs were likely allocated between the hotel and the Club, since Montage managed both. Why did the Developer dramatically increase payroll costs to the Club when Montage managed the Club for much less? More on this below.

● At the Trust: At the Trust, assessments rose by 29.2%. In addition, the Developer stopped paying assessments on its unsold lots starting in 2022 (in accordance the 80^th Supplement to the Charter dated November 1, 2021), which shifted 100% of the Trust’s costs directly onto existing property owners. For context, the previous developer paid a total of $2.7 million in assessments for unsold lots and homes over five years, from 2017 to 2021. If the current Developer covered 80% of that $2.7 million over the past four years, it would significantly reduce the financial burden on the current homeowners. It is unclear whether all commercial and non-Club PB entities that benefit from the Trust actually pay Trust dues or assessments.

2. The "Expense Offset" Pattern

● Payroll Surges at the Club: The Club’s payroll doubled to $9.13 million since 2021, an increase of $4.5 million that effectively "consumes" the extra revenue gained from the dues increase. Notably, this occurred after the Developer assumed management of the Club in 2022 and replaced Montage as the Club manager.

● Administration costs spike at the Trust: The administrative costs of the Trust have risen significantly, increasing more than 1.5 times since 2021. These costs went from $767,000 in 2021 to a projected $2.0 million in the 2025 budget. The 2025 budgeted amount of $2.0 million includes over $1.0 million allocated for payroll from the Developer’s other entities and $383,000 dedicated to legal expenses, largely to manage ongoing homeowner disputes.

●Legal Fee Spikes at the Club and Trust: Both entities are seeing massive increases in legal spending. The Club’s 2025 legal budget rose 489% to $433,333, while the Trust budgeted $383,000 for 2025, largely to manage ongoing homeowner disputes. In the first lawsuit, the Developer has spent 4 years litigating whether the dispute should be arbitrated, which clearly only benefits the Developer. The Developer’s justification for allocating legal costs to the Club and Trust is unclear, and the amount of legal expense for these entities is concerning.

3. Concerns Over Long-Term Stability

● Declining Club Revenue: Traditional income streams such as Food & Beverage have decreased by 17.3% when comparing the annualized period from 2022 to 2025 with that of 2021. Additionally, Guest Access revenue has seen a significant decline of 76% during the same time frame The key question: do the Developer’s policies favor the hotel and commercial venues over the Club venues, like Cole’s and the Canoe Club? Additionally, there is concern that Club restaurants do not meet member expectations. The Guest Access revenue is notably lower when the homes open for STR appear to be busy. It is concerning to see a dramatic reduction in the Club’s Guest Access revenue, raising the question of who collects it.

● Trust Reserve Pressure: For the first time, the Trust is considering using reserve funds for the South Wilson erosion repair. This raises concerns that current assessment levels may still be insufficient to address the aging infrastructure and increasing maintenance costs. Similarly, there is an open question as to who will fund the cost of any traffic light or other solution at the May River Road exit – the state or town, the Developer, other users of the road, or the Trust (i.e., the members), or whether there is cost sharing. It would be hard to understand why the Trust would fund 100% of this cost, given the direct benefits to the developer, the private amenities, and the New Riverside communities and school.

The Developer's Club Subsidy False Narrative

The Developer’s narrative regarding the Club subsidy is a mischaracterization. The Developer describes the Club “subsidy” as a gift to the Club (and thus to its members), when in fact this figure is a byproduct of management practices that prioritize the Developer’s bottom line over the value to the homeowners.

The "Subsidy" Fiction: Concerns have been raised that the developer's Club subsidies to may be negated by increased allocation of operating charges and overhead costs. This could create a financial cycle that benefits the developer while misusing member funds. If costs are simply inflated or reallocated, the subsidy becomes just an accounting illusion with no real cost to the Developer.
Developer Club Contributions are a Real Estate Development Standard: In residential development, it is the industry standard for developers to invest in Club amenities and operations as a necessary strategy to drive real estate sales.

The Club is not a standalone business: The Club is not an isolated business; any contribution made by the Developer is a calculated investment intended to increase the value and pace of their real estate sales.

Ownership imbalance: The Developer still owns approximately 60% of the total lots to be sold, while existing members own only 40% (i.e., approximately 1,500 of the community's 4,000 lots have been sold).

Obligation to maintain and build Club amenities: Given that the Developer holds a significant portion of the unsold lots, they should be contributing substantially to the Club’s operations and maintenance as a primary carrying cost of their total investment in Palmetto Bluff. In addition, it is standard practice for developers of communities like ours for developers to build new Club amenities as the community membership grows. No new amenities have been built since 2017. At the end of 2017, only 958 properties were sold, of which 544 were developed, according to the Trust's audited financial statements as of December 31, 2017.

The Joining Fee Saga

After imposing a mandatory joining fee on their for-profit club since 2017, the Developer has now announced the elimination of joining fees. Setting aside for the moment the issue of certain members who have already paid a joining fee, this does not seem to bode well for the club’s financial condition. These fees are often viewed as an important means to operate, maintain and expand the Club with future amenities, and the concern is that the Developer will, first, raise dues and second, charge higher joining fees to its other non-mandatory, for-profit clubs (e.g., Anson Point). Consequently, money funnels out of the Club to the developer, with the members making up the difference in dues increases and, in all likelihood, fewer new Club amenities.

The Developer has stated numerous times that its capital investment, and that of its predecessors in the Club since Palmetto Bluff’s founding, are far greater than the joining fees collected, describing a scenario of sunk costs. First, this is a false narrative since the investment in the Club accelerates and induces future real estate sales, the driving profit center for the Developer. Second, as an industry standard, club joining fees are collected for the construction of new amenities (with membership growth) and reserved for future amenity capital and replacement costs, and not to recover the developer’s investment cost.

PBNA expects more to come on this issue.

Member Action is Needed

Many members, individually or in small groups, have intermittently asked the Developer questions regarding the Club’s and Trust’s financial information. The silo approach has NOT yielded complete or assuring information for members.

PBNA is asking an important question: Should members fund an external financial audit firm to verify that everything is legitimate and that their interests are being served? Please take a moment to consider whether you would find comfort in knowing if you and your money are being treated properly. If so, we would appreciate your input on how you would like to contribute to this effort. Please email us at pbna2020@gmail.com.

PBNA December 2025 Newsletter

Thu, 18 Dec 2025 21:29:52 GMT

December 18, 2025

PBNA Newsletter

Palmetto Bluff Neighborhood Association

Dear Neighbors,

We want to thank the approximately 40 people that attended the first PBNA Chinwag held at Cole’s Game Room. It was a great opportunity to meet other PB members, play billiards and shuffleboard, and enjoy a drink at the Cole’s bar. We intentionally kept the meeting informal – no speeches or agenda – just a relaxed gathering. We are planning to have these Chinwag socials on a regular basis so keep any eye out in future newsletters.

PBNA Membership Renewal

To clarify the PBNA renewal process, all existing PBNA memberships are automatically renewed each year – no action required. Membership fee for 2026 will remain at the $1 amount! As we host more events, we will review our funds for 2027; there may be a need to introduce an annual fee then. If any current member wishes to unsubscribe just send an email to pbna2020@gmail.com with your request.

Save the Dates!

January PBNA Chinwag at Cole’s Game Room
PBNA is organizing another social event in 2026! Please meet us at Cole’s game room on Friday, January 16, 2026, at 4 pm.

Mobile Town Hall HOSTED BY PBNA
PBNA and the Bluffton Town Council have organized a mobile town hall on Monday, February 23, 2026. The exact time and venue are TBD. This event will be open to everyone in the community, including the Trust and Club management. Join us to meet your town council members and bring your questions!

Introducing: The Black Book

Launching in January, The Black Book will be your trusted directory for local services—plumbing, babysitting, repairs, and more—all suggested by your fellow residents, exclusively for PBNA members with a 2026 membership. The project is underway, so stay tuned for more details!

Palmetto Bluff Club Update

On December 1st, the SSP announced that, "after careful consideration", they will reduce the joining fees for the Palmetto Bluff Club (the “Base Club”) to $0, effective January 1, 2026. However, this reduction will not apply to the Golf, Shooting, or Boat clubs. It is unclear whether this decision was made after careful consideration of the interests of the ownership group (SSP and HP), the members, both groups, or neither. Ultimately, it was a unilateral decision made by the SSP.

It has been observed that the joining fee is not “gone,” because the SSP could raise it from $0 to a higher number at any moment, could shift the joining fee to higher dues, and could charge and keep separate joining fees and dues for new private amenities that are not part of the Base Club. We will be reaching out to the ownership group (SSP and HP) to discuss and understand the recent changes, including implications for future Base Club dues and amenities, as well as any benefits for the Base Club and its members. SSP's email indicated that they believe the change addresses the legal contention against them regarding the legality of joining fees in a club with mandatory membership.

If anyone gets their joining fees refunded, please let us know.

April 2022 Lawsuit Update

Last week, a public interest group called Public Investors Advocate Bar Association (PIABA) submitted an amicus brief to the South Carolina Supreme Court in support of the plaintiffs’ position. An amicus brief, or “friend of the court”, is a document submitted to a court by someone who is not a party to a case but has a strong interest in the matter, and it provides additional information, expertise, or perspective that may assist the court in making its decision. A copy can be found HERE.

Merry Christmas and Happy Holidays to all!!

Your PBNA Volunteers

REMINDER, PBNA holiday event this Friday, Dec. 5th!

Thu, 04 Dec 2025 17:02:20 GMT

Hey Neighbors!

We’re excited for you to attend our very first PBNA social event this Friday, December 5th, from 4 to 5 pm at Cole's game room! Since this is our first gathering, we have decided to keep it to just one hour. PBNA has arranged for a bartender, so please join us for some holiday cheer! We can’t wait to see all of you there!

We have been informed by the membership office that Burn Fest, initially scheduled for later that evening, has been postponed due to weather. Additionally, Coles, which was initially closed for Burn Fest, will now be open on Friday night. The team at Coles does a fantastic job, so we encourage you to consider staying for a drink or dinner.

We do not want to overwhelm the Coles staff when serving hours begin at 5 pm. Therefore, if you plan to stay for drinks or dinner, please make a reservation on the club's website.

A few caveats:

Use of the game room is non-exclusive so the space is open to anyone
Space is limited to 40 people, so we may hit a cap on attendees
Please make a reservation at Cole’s if you plan to stay for drinks and dinner so they can manage workloads
Please park only in designated parking areas in the lot behind Moreland, the lot behind Canteen, or on the pavers
No outside food or beverage allowed when Cole’s is open

The event is meant to be social and pleasant (so no agenda, speeches, solicitation or complaining)! We look forward to seeing you on Friday.

Best,

Your PBNA Volunteers

December 5, 2025, Chinwag Venue Relocation

Sun, 30 Nov 2025 22:00:10 GMT

November 30, 2025

Dear Neighbors,

We would like to follow up on our recent newsletter. The community Chinwag, originally scheduled for December 5th from 4 to 6 PM, will now take place at Cole's Game Room. Please note that Cole's restaurant opens at 5 PM, which will allow us to order drinks while continuing our Chinwag in the game room.

Additionally, the PBNA has recently discovered that no homeowner is allowed to use POA property without completing an authorization form, obtaining management approval, and paying the required site fee. The fees are as follows: Village Green ($2,000), Moreland Amphitheater ($300), Canteen Courtyard ($300), Moreland Fire Pit ($500), and South Wilson Park ($200).

We encourage everyone to email management to express their objections to these site fees and the complicated process involved.

Thank you for your understanding and we hope to see you on December 5th!

Warm regards,

PBNA Volunteers

Bluffton Self Help Holiday Food and Toy Drive

Sat, 22 Nov 2025 20:00:04 GMT

Dear Neighbors,

As we enter the holiday season, PBNA is supporting Bluffton Self Help in its vital work serving families throughout the Lowcountry by hosting a Holiday Food and Toy Drive. We warmly invite you to join us in giving back.

Please refer to the needed items in the flyers below. You may shop locally and drop off items directly in provided boxes on Jen Albero’s porch (18 S. Drayton Street in Wilson Village) or, if you prefer to shop online with Amazon, use the QR codes provided in the flyers below.

The deadlines are December 5 for toys and December 23 for food.

All donated items will go directly to Bluffton Self Help’s Holiday Toy Shop and Holiday Food Drive, which support children and families in need.

Thank you for helping us make the season brighter for our neighbors.

Warmly,

PBNA Volunteers

PBNA November 2025 Newsletter

Tue, 18 Nov 2025 02:12:33 GMT

PBNA Newsletter
Palmetto Bluff Neighborhood Association

November 17, 2025

Dear Neighbors,

There’s something truly special about coming together as a community—sharing stories, ideas, and laughter in the places we call home. As we look ahead, we’re excited to invite you to join us for upcoming gatherings, new initiatives, and opportunities to make Palmetto Bluff an even more vibrant place for all. This newsletter is designed to keep you updated on PBNA’s priorities, community events, and highlights from our meetings.

You’re Invited: Community Chinwag

First Friday of Each Month

Next Gathering: Friday, December 5th, 4–6 PM

Location: Village Green, post office side, under the oaks.

Bring your favorite drink and your neighborly spirit! Whether you’re new to Palmetto Bluff or a longtime resident, these casual meet-and-mingles are the perfect way to connect, share a laugh, and celebrate our wonderful community. Dogs welcome!

PBNA 2026 Membership Drive

We’d love for you to be part of what’s next!

Many PBNA members view their membership positively and desire more homeowners in Palmetto Bluff to join the cause.

Special Offer: Join or renew before year-end for a discounted rate of $1
Bring a Friend: Encourage a neighbor to join with you!
Sign Up: https://www.pbnabluffton.com/Join

Mobile Town Hall HOSTED BY PBNA

PBNA and the Bluffton Town Council are organizing a mobile town hall! This event will be open to everyone in the community, including the Trust and club management. Join us to meet your town council members and bring your questions! Dates and details will be announced soon.

Holiday Food Drive – Bluffton Self Help

PBNA is organizing a holiday food drive to benefit Bluffton Self Help! The drop-off location and further details will be provided. Stay tuned, and thank you for your support!

Introducing: The Black Book

Launching in January, The Black Book is your trusted directory for local services—plumbing, babysitting, repairs, and more—all recommended by your fellow residents, exclusively for PBNA members with a 2026 membership.

Community Updates: Medical Taskforce

PBNA Board Member Cathy MacKinnon is leading a dedicated medical task force, including Jerry Mothershead, Jeff Schyberg, Kurt Hofmann, Karen Hofmann, Earl Grubbs, Rob Darling, Henry Fabian, and Willian “Bo” Hannah, to help us all feel safer and more prepared.

They’re exploring:

Emergency protocols
AED and deﬁbrillator locations
Training for residents and staff
Nearest medical facilities
Security personnel as ﬁrst responders

Quarterly Meetings

In addition to our monthly gatherings, PBNA will host quarterly in-person meetings throughout the year. These meetings are designed to keep our community engaged, informed, and aligned on important topics and initiatives. Your participation is always welcome and valued!

Share Your News!

This newsletter is for you and by you. Have something to share? Let us know, and we’ll include it next month!

Examples include:

My daughter is home from college and available for babysitting and dog walking.
In search of a tennis hitting partner.
Member-led fundraiser events.

November 12, 2025 PBNA Information Event Recap

On November 12th, neighbors gathered at The Hede’s Barn for an afternoon of conversation, updates, and genuine connection. Thank you to Andrew and Jimeale Hede for opening their doors, and to everyone who contributed their ideas and energy.

We reﬂected on our shared history, discussed important community matters, and, most importantly, listened to your voices—because your participation shapes our future.

Event Highlights:

South Wilson Erosion Update

OBJECTIVE: Summarize the key points of the South Wilson Bluff erosion remediation project history announced at the September PB Preservation Trust (Trust) meeting. This will be the largest PB Preservation Trust project to date.

The original South Wilson design, dating to PB’s early days, integrated a 1000’ x 80’ community access park along the May River. This park includes three access points and a gravel path for pedestrians and cyclists, and is owned by the PB Preservation Trust. The riverfront portion fronts 7 residential lots along Stallings Island Road. Over the past 20 years, particularly during Hurricane Mathew, significant riverfront erosion has occurred, requiring the gravel path to be closed for safety concerns.

Since 2021, the Trust commissioned multiple engineering surveys and studies, initially considering a stone revetment/ vegetation remediation project with an estimated cost of $1.2M. This included 1) Tree and stump removal, 2) Sloping the bank, 3) Installing filter fabric and stone rip rap, and 4) Bluff Vegetation/Planting.

In October 2023 the Trust presented this approach to the 7 lot homeowners. The impacted homeowners were concerned about the delays and offered to contribute to this revetment project financially. The Trust initially agreed to this solution and retained Eastman Marine to prepare a revetment design and secure the necessary permits. A permit was obtained in December 2024 at a cost of $75,000.

In 2025, the Trust retained Thomas & Hutton, which has a history of working on PB projects, to reassess the Bluff condition and review lower-cost alternatives. In May 2025, the Trust called a meeting with the impacted homeowners to present a lower-cost alternative. Reportedly, the Trust alternative only addressed ONE source of erosion. It did NOT address many of the erosion causes identified by earlier studies. In addition, their plan permanently removed the gravel path.

The impacted homeowners rejected this concept and urged the Trust to reconsider the original 2023 revetment plan that would beautify the Bluff, preserve the community walking path, and provide a durable solution. Again, the impacted homeowners offered to contribute financially. Finally, during the September 2025 Trust membership meeting, the Trust announced the revetment project to the entire community with the hopes of proceeding in 2026.

UPDATE: The impacted homeowners were told this week (coincidentally, the day after the PBNA meeting) that the Trust has received new cost updates and that the project will move on to the next steps. We are now awaiting further information.

We acknowledge and thank the impacted homeowners for their perseverance and standing their ground in the best interest of PB!!

Mandatory Membership Waiver Update

In June 2023, SSP sent a communication announcing a permanent waiver to the mandatory PB Club membership requirement in the PB Recreational Covenant.

A small group of PB homeowners, Frank and Carol Riddick, Marty and Martha Strauss, and Harry Brown challenged the legality of this action and sent a demand letter to SSP’s lawyers in July 2023.

After almost two years and approximately $80,000 in costs, in March 2025 the PB homeowners prevailed in their lawsuit, and the court ruled that SSP’s “waiver” of mandatory membership was illegal and mandatory membership was reinstated. However, the court ruled that PB members who had opted out of membership from June 2023 to March 2025 would not have to rejoin as members.

Only approximately 71 homeowners opted out of membership with approximately 42 opting out of membership on 2nd and/or 3rd properties but remained members of the PB Club. Clearly, the vast majority of homeowners see membership in the Club as a positive.

What message and learning should our community take away from this experience:

We need to stand together as a community and speak with one voice to protect our rights and the value of the investment in our homes and properties.
We need to challenge SSP when they take actions that violate our rights and negatively impact homeowners and our community.
We need to work to overcome SSP’s efforts to divide our community.

We acknowledge and thank Frank and Carol Riddick, Marty and Martha Strauss, and Harry Brown for their perseverance and standing their ground in the best interest of PB!!

Lawsuit Updates

Lawsuit filed in April 2022 - Currently pending before the SC Supreme Court. That lawsuit is focused on the overall structure of Palmetto Bluff, which the members believe gives the developer an unlawful amount of power.

The initial claim was filed in April 2022, but after 3.5 years, no legal arguments have been presented in the case. SSP has appealed three times to move the case to private arbitration, which would remain confidential.

Background on this litigation.

Trial court ruled in favor of the members, twice. The gist of that ruling is that (a) SSP cannot force members into confidential arbitration, and (b) the governing document sections that required that are unlawful.
SSP appealed to the SC Court of Appeals, which also ruled in favor of the members
SSP appealed to the SC Supreme Court, which accepted the case.

At this point, all legal briefs have been submitted to the SC Supreme Court, and the parties are waiting for notice of an oral argument. The Court’s schedule is hard to predict, but the argument could be in 1Q 2026. If so, a decision typically takes roughly 3-5 months after the argument, depending on the case

Lawsuit filed in May 2025 - The plaintiffs in this lawsuit believe that the PB Preservation Trust and its board of stewards have been placing the developer's interests above those of the members. The suit alleges this has happened, for instance, by the board allowing outsiders to use the village green at minimal cost, enabling the developer to profit substantially.

Another example is the board's apparent decisions to cover legal fees for other parties in unrelated lawsuits. Strict rules govern the use, authorization, and documentation of trust funds, and the plaintiffs contend that the board's actions breach these requirements.

If you wish to support this litigation, you can do so anonymously. HTTPS://GOFUND.ME/6C0D0F366

Thank You for Being Part of PBNA

We are an independent group of residents, united by our love for Palmetto Bluff and our commitment to its future. Your voice matters, and together, we will protect the community we love and appreciate so much.

If you have questions, ideas, or just want to say hello, reach out anytime at PBNA2020@gmail.com.

With warmth and gratitude,

Your PBNA Board

INVITATION TO THE PBNA INFORMATION EVENT Wed, Nov 12, 2025 · 4:00–5:30 PM

Mon, 03 Nov 2025 22:30:56 GMT

INVITATION TO THE PBNA INFORMATION EVENT

Wednesday, November 12, 2025 · 4:00–5:30 PM
The Hede’s Barn · 14 Rosecourt Road (off Camp 8)

Dear Neighbors,

We are excited to invite you to an event focused on connection and conversation with your fellow Palmetto Bluff residents. Thanks to Andrew and Jimeale Hede, we will gather in the welcoming environment of their barn and grounds, which is the perfect spot for us to come together as a community. The purpose of our gathering is to share updates, listen to your ideas, and strengthen the bonds that make our community special. PBNA leadership will provide updates on current initiatives and important community matters, and we will open the floor for your questions, comments, and suggestions. We’ll also have time for relaxed conversation and socializing. Your voice and participation matter in shaping our future.

Program Overview

4:00–5:00 PM

Welcome & Introductions
John Meltaus
South Wilson Erosion Update
Allen Roth
Reflections from Palmetto Bluff from Long-Time Residents
Geoff Block, Frank Riddick, and Jimeale Hede
PBNA Initiatives in 2026
PBNA Board of Directors

5:00–5:30 PM

Member Comments, Q&A, and Socializing

What to Bring

Folding Chair, Beverage of Your Choice, and Your Voice

RSVP

Please let us know you’re coming by emailing RSVPPBNA@gmail.com with the names of attendees by Monday, November 10, 2025.

Please feel free to share this invitation with non-PBNA members residing in Palmetto Bluff. This is a wonderful opportunity to connect with neighbors, share your thoughts, and help shape the community we all love and value so much. We hope you can join us.

Warm regards,
Palmetto Bluff Neighborhood Association

Upcoming POA Meeting

Fri, 19 Sep 2025 12:30:13 GMT

September 18, 2025

Subject: Upcoming POA Meeting

Dear PBNA Members:

As a follow up to our September 13, 2025, newsletter, the PBNA wants to educate our membership regarding the upcoming SSP POA meeting. We are pleased that the venue has been changed to allow more homeowners to participate in this important meeting. To assist all we are providing some provoking questions to consider asking SSP.

1. What is the current Reserve Fund amount? How is this amount determined?

2. Are the total Reserve Fund monies in a single investment fund? What about the Accumulated Operating Fund Surplus and Marketing Fund monies? What investment funds are these in?

3. Do formal Reserves have some form of legal protection or a higher fiduciary obligation to be managed/allocated by the POA Board of Stewards than the surplus funds

4. How much will the homeowners be expected to contribute to the Reserves in the coming years?

5. What commitment and formal structure can be put in place so homeowners have a say in the future Reserve projects?

6. Are new trail developments and construction considered an amenity? Explain your rationale why funds from the Reserve Fund are used?.

7. Is land donated to the Conservancy a grant by the developer or paid for by the Trust?

8. Does the River House pay a POA assessment or is this open-to-the-public business a free rider? If the answer is no because it is part of the hotel, how does that make any sense as the hotel assessment is based on rooms and there are no rooms in the River House? Is there a commitment that any future hotel amenities or buildings will pay a separate POA assessment?

9. SSP modified the charter through the 80th supplement, dated November 21, 2021 (shortly after taking ownership), to avoid paying POA assessments on developer-owned platted lots and homes under construction. SSP added "other revenue" to the option (b) calculation, making option (b) workable so that the developer pays nothing. The prior developer paid under option (a) keeping a level playing field with the homeowners. Does setting the POA assessments at a level where option (b) results in $0 fulfill the fiduciary duty owed to the homeowners? Provide a rationale for this.

For your information:

Original Community Charter language of 9.2:

Eightieth Supplement dated November 21, 2021:

10. One notes that the developer’s construction vehicles use the roads, and yet there is no current cost sharing for that traffic as the developer does not pay a POA assessment. Why would the members bear all of these costs? On a related point, do the developer’s construction vehicles (lot clearance and PB Builders) all pay the same gate fees as outside contractors.

11. As one can see, land is being lost from South Wilson to the May River which has been referred to as South Wilson Erosion. Provide a full disclosure of the South Wilson project. Can the engineering studies be made available and have alternatives to stone revetment been considered? How many homeowners are impacted? Is there a joint resolution between the homeowners and the POA? What is the timetable? Is there a commitment of the Trust board to keep available the common pathway along South Wilson?

How does the Trust Board view its role in keeping the South Wilson pathway available to all members, and the financial implications? Would the Trust contribute funds to a solution if this required a POA contribution from the developer? How does the Trust Board address any conflict between expenditures that do not directly support the for-profit businesses (such as remediating South Wilson erosion) and those that do (such as repaving the road to the hotel)?

12. What is the gate pass policy for non-residents and Town of Bluffton residents? What will the Trust do to limit non-PB traffic coming into the community? Do members of the public going to the River House for dinner have to pay a gate fee and, if not, why not? What will the Trust Board do to balance the interests of residents in keeping outside traffic to a minimum and mitigating safety and security concerns, with any efforts by the developer to drive outside traffic to its private for-profit outlets?

If PB needs to provide preferential access to the residents of the Town of Bluffton but not free and unfettered access, and is not required to provide access to other outsiders, what is being done to monitor and manage outside traffic? One notes that many local communities (Rose Hill, Belfair, Berkely Hall, etc.) are not actually part of the Town of Bluffton.

The consensus appears to be that members prefer to not turn PB into another Sea Pines.

From the Development Agreement:

13. When will the major asphalt paving resurfacing project begin? What is the “standard” we are using to set priorities and timelines? Do we want to hold PB roads to a higher quality standard (consistent with the “premium” positioning of PB in general), versus allowing our roads to descend into a mélange of patches? Does the site planning and developer construction cause more or less wear and tear on POA roads compared to that caused by resident homeowners?

Who pays to pave the road to Crossroads?

14. Are new trail developments and construction considered an amenity?

15. According to the calendar on the member website, there is a large wedding coming onto the Village Green with construction to begin on October 18 with construction to occur on October 15 through 17. The last large wedding on the Village Green caused some problems.

Will the Trust Board require any tent vendors to stake out their tent and get Trust approval before construction?
Will Gray Ferguson personally be on site during construction and the actual event to ensure proper behavior by vendors and the hotel staff?
What will be the construction activity/noise time limits?
Does the Trust Board approve events running past 10 pm, or if not who makes that decision?
If a wedding or other event runs past 10 pm, what additional fee does that event pay into the Trust for the additional time?

16. The developer announced that it would not appeal its loss in the case challenging the developer’s illegal attempted waiver of mandatory membership. Did the Trust pay any portion of the legal fees defending this case, or the appeal that asked the governing authority to allow the developer to permit any members opting out to stay out and not pay club dues?

If the Trust paid any portion of these fees:

Did the Trust Board approve paying a portion of these fees, or if not who made that decision?
Has the Trust asked the developer to reimburse these fees in full?
Will the developer reimburse the Trust in full given the decision that the developer’s act was illegal, and given that there seems to be no interest in the Trust for making membership voluntary in the first place?

17.There is a recurring problem with hotel employees speeding in their cars on Old Moreland Road and particularly on Whitehouse Plantation Road on their way to the hotel employee parking lot. Efforts to monitor the roads, assess fines, and suspend employee drivers have proven ineffective. What will the Trust do to enforce the speed limits and safe driving, and why do the members pay for this out of their POA assessments and security costs as opposed to charging the hotel? Noone wants a speed bump on the road to the hotel employee parking lot, but that is coming if nothing effective is done.

18.What are the best opportunities to trim cost out of the POA budget without an adverse effect on residents?

As always, feel free to reach out to any of the PBNA volunteers.

Regards,

Palmetto Bluff Neighborhood Association, Inc.

Community Update

Sat, 13 Sep 2025 18:07:59 GMT

September 13, 2025

Subject: Community Update

Dear PBNA Members:

We hope you have had a great summer, and we wanted to report on various topics. There is much good, many areas of significant concern, and seemingly an absence of communication between the developer and members towards a common good (resulting in litigation). Also, earlier this summer, several of your volunteer board members met with our Mayor along with the town manager and staff. So, we want to share what we learned as well as to highlight some other areas deserving attention.

This newsletter addresses:

Lawsuit Status
Areas of Community Concern
General State of Developer-Member Relations and Paths Forward

Executive Summary

Litigation. Two lawsuits by homeowners against the developer remain active. Lawsuit # 2 was decided in favor of the homeowner plaintiffs requiring mandatory membership in the club and prohibiting SSP from changing the Recreational Covenants without following the amendment process. The lawsuits have arisen in part due to an absence of a dialogue and working relationship between SSP and the members.

Big issues face the community, many of which are seeing little to no action, or slow progress.

Traffic entering PB from May River Road
South Wilson erosion
Golf Club pricing, division and uncertainty
Noise, weddings, corporate events and the Village Green
Club rule changes (in favor of SSP) without notice or discussion
Gag order on members and “suspension” threats
EMT and Town Police resources
Club and Trust financials and possible trust-but-verify audit

Henderson Park – SSP – Member Relations. There is room for improvement. Curious if Henderson Park or SSP have any interest, or what might encourage a bit more mutual respect. It would be a suboptimal but necessary result if the only path toward a dialogue was filing more litigation in the face of unilateral action.

A Deeper Read:

Lawsuit Status.

Lawsuit #1 (Broader Club Governance Issues and Short-Term Rentals): As we previously reported, SSP continues to pursue legal efforts to force arbitration of this lawsuit. SSP appealed to the South Carolina Supreme Court the previous decisions in the South Carolina trial court and the SC appeals court which denied SSP’s claims that the case should be arbitrated, among other related issues. The South Carolina Supreme Court has agreed to hear SSP’s appeal, and currently there is no hearing date set. Therefore, the important issues raised by this lawsuit with respect to the governance and management of Palmetto Bluff and related entities remain outstanding and unresolved.

(For those of you unfamiliar with the case, the lawsuit had its origination in the developer, SSP, curtailing the rights of those members who had purchased short-term rental properties. It then developed into a larger dispute over community governance. The lawsuit was filed in 2022, and it appears the developer may have been charging the PB Base Club and the PB Preservation Trust with large portions of the defense costs (which are effectively paid by members through our dues). After three years and much money arguing about where to resolve claims as opposed to resolving the claims themselves, there remains no resolution of these important issues. Given the time and money spent, and in the interest of a more harmonious community, the PBNA would encourage SSP/Henderson Park to come to the table and negotiate a resolution to this lawsuit.)

A few takeaways.

Two courts have stated that just because something is written into club documents, that does not necessarily mean those provisions are enforceable. The law trumps the club documents. On this particular matter, the South Carolina Supreme Court will decide on South Carolina legal and policy grounds whether these specific community matters go to court or confidential arbitration.
The short-term rental issues have in practice been mitigated for now by putting private renters on parity with renters in the Montage/SSP program. That status is undocumented and can be unilaterally changed by the developer at any time.
We understand that parties were close to but did not achieve a settlement.
Good faith negotiations might resolve this lawsuit, but for reasons we can’t fathom a settlement has not occurred.

Lawsuit #2 (Illegal Waiver of Mandatory Membership): Updating our July 3 report, this lawsuit is now closed. On the final open item, the Special Referee ruled in favor of SSP’s request that the recission of mandatory membership not apply from the date of the waiver to the date of his decision (roughly March 2024-March 2025). Therefore, any Palmetto Bluff homeowners who opted out of mandatory membership during those dates apparently do not have to be members of the Palmetto Bluff Base Club. We believe this has the effect of creating and maintaining two classes of Palmetto Bluff homeowners and the loss of dues. The plaintiffs in this case strongly disagree with this aspect of the ruling, which creates negative financial and other consequences for Palmetto Bluff including the potential for additional future litigation on these issues. The appeal window for this lawsuit has passed so the decisions stand. The potential member vote on mandatory membership, and other unrelated issues proposed by SSP, has not moved ahead. There has been no communication to Palmetto Bluff homeowners on the next steps on the proposed vote.

(For those of you unfamiliar with the case, SSP/the developer attempted to unilaterally waive mandatory membership in the PB Base Club for all property owners. For the many reasons discussed in the developer-member forums, this was generally not seen as good for the community or property owners. A group of property owners challenged the waiver, undertaken without a member vote to change the Recreational Covenants, arguing that that change was unauthorized and unenforceable under those Covenants. The Special Referee assigned to the case ruled in favor of the plaintiff homeowners and determined that SSP’s unilateral waiver of mandatory membership, which is included in the PB Recreational Covenant for the mutual benefit of the developer and the members, was illegal and unenforceable.)

A few takeaways:

Very importantly, the Special Referee ruled that the developer cannot unilaterally change this fundamental Palmetto Bluff document without following the amendment process. That process includes a member vote in certain circumstances.
Instead of making the Club whole on lost dues, the developer asked the special referee to not only forgive back dues, but to allow the approximately 71 memberships that opted out to stay out – costing the Club an estimated $667,400 a year in dues. When considering whether the PB Base Club does not make a profit as well as the appropriate level of member PB Base Club dues, this lost revenue and the allocation of the aforementioned legal costs are significant factors.
South Carolina law likely does not allow mandatory membership in a for-profit club to be bound to homeowners’ property.
We have been advised that South Carolina also likely does not allow mandatory member joining fees that must be paid to a third party, a separate for-profit club owned by the developer.
SSP attempted to make the club structure legal, by first trying to unilaterally waive mandatory membership and then proposing a member vote on an amendment to the PB Recreational Charter to allow non-mandatory membership (among other changes).
As recently displayed, the collective wisdom of most PB homeowners is that mandatory membership is a good thing.
Some members have suggested that a reasonable alternative might be to convert the Club to a not-for-profit entity, like the Trust.
Joining fees need to go to and stay in the Club. The money is needed for operating expenses, repairs, improved member offerings, and a capital reserve.
- The Golf Club, Shooting Club, Boat Club and Equestrian Venue are separate for-profit private businesses owned by the developer. Members have a choice of whether to join.

Lawsuit #3 (breach of fiduciary duties by Trust stewards appointed solely by SSP): It is our understanding that this lawsuit against the Palmetto Bluff Preservation Trust (Trust) and its Board of Stewards is proceeding to discovery. We will provide additional updates as they become available.

(For those of you unfamiliar with the case, the suit alleges breach of fiduciary duties by the Board of Stewards of the Trust, in part by allegedly paying one-third of the legal fees in lawsuit #1 and by allegedly diverting funds from the Trust to Montage and the developer in connection with wedding and corporate events on the Village Green.

The developer controls the Trust and appoints its board, consisting of SSP personnel and club management employed by SSP entities. The developer owns the hotel facilities, which is a for-profit business and not part of the PB Base Club or Trust. SSP has directed the Trust to rent the Village Green for $1,000 to $3,000 per day for hotel events and related set-up and breakdown. The Trust pays for maintenance, upkeep and resodding of the Village Green. The Trust financial statements do not show whether this results in a gain or loss for the Trust. All other revenue from these events (upcharge for Village Green, catering, hotel rooms, private sales, etc.) apparently go to Montage and SSP.

The Trust is a non-profit corporation and subject to South Carolina non-profit corporation law which is clear that, among other things, the developer-appointed Stewards owe a fiduciary duty to PB homeowners. We have been advised that Stewards on the Trust board that are not independent may be subject to a higher standard of care.

Certain members have complained of late-night noise, unruly hotel guests, impolite conduct by hotel staff, and damage to the Village Green and trees.)

Areas of Community Concern.

PB entrance and Route 46 Intersection. No news of progress here. In addition to the SSP intersection studies, Beaufort County commissioned a 2023 traffic safety study of the Route 46 Corridor from the Rt 170 circle to Old Miller Road. The Report highlighted that our intersection is an issue but there are two worse ones. The study presented numerous options for these State controlled roads, which have since been taken up by the three-county Local Area Transportation Study, which makes recommendations to the SC Dept of Transportation. In any event, apparently no state or local funds are available for the projects, pending another State Transportation Bond issue (funds from prior bonds have been exhausted).

A town resource has indicated that an open issue is who pays for any construction – the developer as a condition to future permitting, or state funds? Further, the study leans towards a traffic circle versus a stop light, which further complicates a resolution of this issue. As noted in the July 2025 MAC meeting notes, “Gray Ferguson stated that Club management was reaching out to Town of Bluffton and County officials to see if they would support SSP on the installation of a stoplight, at least as a temporary solution, or otherwise accelerate the project.” Our best guess: resolution is years away unless PB management and/or our POA, the PB Preservation Trust, puts significant energy behind this. We will continue to monitor any developments.

Town of Bluffton Noise Ordinance. As you may recall, there has been on-going concern over weddings and other events on the Village Green, and one unresolved issue is whether the Town of Bluffton’s noise ordinance applies to Palmetto Bluff. The Town’s rule states live and amplified outdoor entertainment is allowed from 12:00 p.m. (noon) to 10:00 p.m. During our Mayoral meeting, we learned that 92 percent of the homes in Bluffton are “behind the gates” and certain town resources take the position that the Town’s Noise Ordinance, as written now, does not apply to these communities and accordingly the local HOA (or POA in our case) is to control and monitor the noise ordinances within each individual community. The Bluffton police will not typically respond to noise complaints. We have to rely on our Security Team to enforce the POA/Montage noise limits in place that we believe creates an imbalance and needs resolution.

Club Rule Changes and “Gag provision”. Several residents brought to our attention that the PB Club Rules and Regulations have been extensively revised and contain a provision in the Discipline section stating that members may be disciplined for “making disparaging, derogatory or defamatory remarks about the Club, Club associates or Club ownership, including by email or in social media…(emphasis added).” This ban on social media posts appears to be contrary to the US Consumer Review Fairness Act of 2016 that prohibits companies from contractually banning truthful, if negative, social media posts about company goods and services. While we understand other communities may have enacted such bans, the legality of these gag orders has not been tested in court. We encourage our membership to become familiar with this legislation and its intent. We will issue a separate more detailed letter on this topic shortly.

Several residents have also brought to our attention that the Club, Trust and/or Montage have purported to suspend members or have threatened to suspend members because of public commentary. We are aware that certain members have insisted on hearings where they have been represented by legal counsel and have contested the alleged facts and asserted infractions. Any practice of threatening suspensions to squelch good faith discussion or debate would be Unamerican as well as likely illegal and would need to change.

EMT Coverage. As long-time residents will remember, our local fire station used to have Emergency Medical staff stationed here 24/7. With the completion of the New Riverside Station, this EMT resource was moved there. Many residents have expressed a strong desire to have EMT capability inside PB. We believe this is a priority as our population grows and our new neighbors are increasingly farther and farther away from the New Riverside station. We are working on a task force to define and address the needs. Stay tuned.

Police. Confusion exists regarding what is a police matter, a Club security matter, when the hotel “security” team can act, etc. Further confusion exists as to what the standing instructions are to the on-campus security staff in terms of deference to developer, hotel, and hotel guests, particularly in cases where member interests diverge. Further confusion exists as to the level of training, authority and weapon-carrying authority of the on-campus security staff. We will investigate and report back.

Audit of PB Base Club and Trust Financial Statements – Trust by Verify?

Management has pointed out that, under the Club documents and SC law, members have a right to audit the PB Base Club and Trust financial statements although the Trust already completes an annual audit by a third-party audit firm. The PBNA is considering undertaking an audit of the PB Base Club and requests feedback on whether PBNA members would like an audit completed and whether they would help fund the cost.

Golf Membership Pricing and Division – Next on the Tee is Tier II

Ownership announced its new golf membership plan, categories and pricing on August 6. While folks are curious to see and evaluate the new Anson course, and understand that the developer’s intent is to reserve some memberships for future lot buyers, the general reaction heard from Golf Club members is that the current Tier II members have not been treated well or provided with reasonable options.

We understand that some golfers are now looking at non-PB options. That is unfortunate for many reasons.

We would have expected that ownership, having cashed the previous joining fee check, would have provided Tier II with the option of going May River/Crossroads only Tier I for a reasonable additional joining fee, or keeping what they have including unlimited additional rounds at the accompanied guest fee.

We have heard from some golfers that they are hesitant to sign on given the economics, general principles of fairness and equity, absence of “true” private club amenities, uncertainty on clubhouse, a 4-5 mile dirt approach road, and potential for SSP to increase golf member dues in the future. The decision may be forced before anyone has the chance to play and evaluate the new course.

Given their support of the club, and our desire to see neighbors play golf together, we would like to see current Tier II members given options to upgrade to May River Tier I for the recent joining fee net of their prior fee or keep the current Tier II including unlimited additional rounds for the accompanied guest fee. The golf course utilization chart on the member website shows the current year-to-date course usage at 25% of capacity. There are 312 Tier II members. Club management reports that 55 have elected to move to Tier I thus far.

Yet to be seen what the Tier II golfers do. The sense of belonging and inclusiveness contemplated by PB charter documents is being severely strained by the SSP golf proposal.

Member-Developer Relations.

Impact on Property Values and Developer and Member Sales

Litigation, governance concerns, reputational issues around developer-member relations, pricing, offerings, lack of new amenities, and value proposition of the PB Base Club and the boating, golf, and shooting clubs may have a negative effect on property values and demand. We are all for positioning PB as a high-end community, however, one would have to imagine that real estate offices at other communities are quick to comment on some of the goings on. We would also like to see an inclusive community with something for everyone here. At any point in time, half the homes will be below the median value; we would discourage the developer from pricing half the community out of PB offerings.

A Path Forward?

The answer will not be for one side or the other to simply capitulate, but rather for the sides to find a working relationship no matter how difficult. We doubt that a “thank you sir may I have another” approach will be a widely adopted among the members. We intend to contact Henderson Park and report back.

Given the significant issues facing our community and the potential impact on the value of homeowners’ properties, we would encourage all homeowners to join the PBNA and communicate your concerns directly to management and SSP.

Upcoming Preservation Trust (POA) meeting on September 22. Prior to this meeting, we will email PBNA members a list of questions that property owners may want to ask, including remedial plans for the South Wilson erosion.

As always, feel free to reach out to any of the PBNA volunteers.

Regards,

PBNA Volunteers

Cathy MacKinnon, John Meltaus, Frank Riddick and Allen Roth

Litigation Update

Thu, 03 Jul 2025 12:34:54 GMT

July 3, 2025

Subject: Litigation Update

Dear PBNA members:

This email provides a short update on the two on-going legal disputes as well as a new, third lawsuit filed last week. We’ll start with the latter.

Lawsuit #3: After an unsuccessful mediation during the first half of 2025, four Palmetto Bluff residents filed a lawsuit against the Palmetto Bluff Preservation Trust (Trust), which serves as our POA. The complaint focuses on alleged breach of fiduciary duty and conflict of interest by its governing Board of Stewards, that is controlled by South Street Partners (SSP) and is comprised of only SSP representatives. This lawsuit focuses on two principal matters: 1) misuse of the Village Green and the associated fees paid by Montage clients for weddings and corporate events; and 2) misusing Trust funds to pay for defense costs of non-Trust entities in the other litigation. The plaintiffs argue that our POA is effectively transferring profit out of the Trust to the Montage Hotel (owned by SSP) and misusing its funds by paying one-third of the legal defense cost while the Trust is only one of twelve in lawsuit #1 and is not party to lawsuit # 2. Some of the complaints in this lawsuit were raised by members at the January 2025 Trust Board of Stewards meeting and in a letter from the plaintiffs to SSP on February 19, 2025. The lawsuit raises concerns with respect to how the Trust is being managed.

The lawsuit is a public document, and you can download it from the Beaufort County Clerk of Court website, case # 2025CP0701551: https://publicindex.sccourts.org/beaufort/publicindex/

Lawsuit #1: This lawsuit was filed in 2022 by 14 residents on a range of issues, including short-term rental access (subsequently largely resolved), illegality of the PB Club legal structure and other issues. SSP continues to pursue procedural matters, arguing that the dispute should be privately arbitrated vs. litigated in public court. SSP lost in the initial court ruling and lost again at the SC Court of Appeals. SSP subsequently petitioned the SC Supreme Court (SCSC) to accept a second (and final) appeal. On June 25, the SCSC accepted the case, and we can expect this appeal to consume another 9 to 12 months. This likely takes pressure off any settlement efforts that have been episodically pursued, unsuccessfully, for the last year by SSP/Henderson Park and the plaintiffs.

Lawsuit #2: This lawsuit was in response to SSP’s May 2023 unilateral decision to make PB Club membership optional. The legal authority to make such a dramatic change was challenged by five PB property owners. This lawsuit argued that the controlling document has an amendment process requiring a majority of property owners to approve any substantive change, and this was not followed. The property owners prevailed with a Special Referee who issued his ruling on March 14, 2025. SSP responded in two ways. First they have asked the Special Referee to rule on how to implement the recission; no decision has been rendered yet. Second, SSP initiated a potential member vote on this matter, implicitly acknowledging the illegality of their unilateral 2023 waiver. Following a series of small group meetings with members in June to solicit feedback and explain their rationale, to date SSP has not moved forward with a vote or provided information on if or when this might happen.

As always, feel free to reach out to any of the PBNA volunteers.

Regards,

PBNA Volunteers

Cathy MacKinnon, John Meltaus, Frank Riddick and Allen Roth

Proposed Community Vote - email 2

Wed, 04 Jun 2025 20:21:37 GMT

Proposed Community Vote
June 4, 2025

Dear PBNA Members:

The purpose of this email is a follow up to our June 2, 2025 email regarding the South Street Partners’ (SSP) Amendment Vote. We will cover four topics: 1. Suggested questions to ask SSP during the upcoming group meetings or to be sent directly to SSP, 2. A link to a recent Geoff Block letter that he requested we include, 3. A proposed zoom Town Hall Meeting and 4. A minor editorial website/email change.

Suggested Questions

What are property owners getting in return for giving up mandatory membership?

How does this amendment affect the ongoing litigation by the group of 17 property owner plaintiffs? Will approval of this amendment extinguish the lawsuit, or can it continue?
Why haven’t you settled the lawsuit?
To date, the developer has funded new amenities out of their own pocket in order to drive sales of new developer lots. Your proposal sounds like new amenities will be paid strictly by new and existing Club members via the joining fees and such. Is that right? That feels like a big shift in financial responsibility.
What is the timing for delivery of the various new amenities? What is the construction budget?
Why not limit opt-outs to 2-3% of residents?
How will the vote be conducted? How will I know that it is independently counted? When will the voting open? Close?
This will encourage more vacant investment lots; how do you propose to manage/mitigate?
By asking for this vote, is SSP/HP acknowledging that the current Club structure is illegal?

a. If so, what do you plan to do about the joining fees that have been collected to date under this illegal structure?

b. Do you anticipate a lawsuit by property owners who paid joining fees under this illegal club structure?
Are you planning on selling off large tracts of land to other developers? What are the building standards - price point and quality? Will they be governed by the DRB and will the standards be the same as the rest of PB? Have you sold parts of Kiawah to tract builders?
Under this amendment, the PB Club remains for profit? Right?
If you sell all or part of the PB Club, do you plan to honor the ROFO?

a. If the property owners exercise the ROFO right, then aren’t we paying for all the increment amenities twice?
Has the SC Supreme Court decided to hear the SSP appeal?
The recreational covenant contractually requires the Base Club to operate on a break-even basis, i.e, as a non-profit. You have said that repeatedly to us in written communications, at meetings, etc.

If that is true, why don’t you want to convert the base club from a for profit LLC to a nonprofit entity like a mutual benefit corporation or a 501(c)(7)? My understanding is that, if you did that, it would solve your biggest legal risk?
Are there any downsides to members from a voluntary for profit structure?
How would the club manage a disparate group of members and nonmembers?
Are you currently shopping the property? Friends of mine in the PE world say you’ve reached out.

Geoff Block Letter

A link to a recent Geoff Block letter that he requested we include can be found here Click here

Zoom Town Hall

To assist the members, we are planning a zoom Town Hall meeting on Monday, June 16^th from 4 – 6pm. Details to follow.

Editorial Clarification

The PBNA contact info is as follows:

Website: pbnabluffton.com

Email: pbna2020@gmail.com

For any further discussions please feel free to contact any PB volunteer board member or send an email to pbna2020@gmail.com.

PBNA Volunteers

Cathy MacKinnon, John Meltaus, Frank Riddick and Allen Roth

Proposed Community Vote

Tue, 03 Jun 2025 00:13:31 GMT

Proposed Community Vote

June 2, 2025

Dear PBNA Members:

The purpose of this email is to provide additional background and context for South Street Partner’s email distributed on Friday evening May 30^th. We will cover three topics: Background: Initial thoughts on critical issues; and What to expect from the PBNA going forward.

Background

Two years ago, SSP attempted to unilaterally make PB Club membership optional without holding a PB property owner vote as required by our Recreational Covenant. While there were likely multiple motivations of SSP to make this move, the legal authority to make this important change to our community was challenged in court by five PB property owners. That lawsuit argued that the amendment process in the Recreational Covenant required a majority of PB property owners to vote to approve such changes were not followed. Therefore, the change to optional PB Club membership was invalid.

In those legal proceedings, the PB property owners prevailed, and on March 14, 2025, the Special Referee issued his ruling that the mandatory membership waiver by SSP was invalid. It now appears SSP has accepted the court ruling and is proceeding with a vote by PB property owners to approve a change in PB Club membership to non-mandatory. However, SSP is combining the non-mandatory membership vote with other unrelated amendments to the Recreational Covenant, such as repayment of costs usually paid by the developer to SSP from PB Club with interest, future Joining Fees to go to fund new amenities, and Financial Audits of the PB Club. None of which appear to be related to the non-mandatory membership issue. In other words, SSP appears to be trying to create a quid pro quo to entice members to approve a fundamental change to the PB community.

Initial Thoughts on Critical Issues

We see several issues and risks associated with this amendment such as:

Potential for an economic “death spiral” if too many property owners resign from the PB Club which will shift more and more costs to fewer and fewer PB property owners. Other communities have had this problem when they suddenly made membership optional.
Potential risk of bulk sale of developable land to national large-scale homebuilders.

While SSP may argue they do not plan to do this, they (or a new owner) may change their minds. SSP’s original business plan called for bulk land sales of undeveloped lots. Non-mandatory PB Club membership makes this far more feasible

SSP could retaliate against members and potentially remove them from the PB Club
SSP could sell PB Club memberships to nonresidents without limitation
Potential to forever change the character, membership mix and culture of our community. PB could become a group of itinerants and empty lot speculators
Putting Joining Fees into the PB Club and providing Financial Audits of the PB Club appear to be required by SC law, and if so, not an incremental benefit to PB property owners. In other words, the proposal offers something the community should already have.

In the petitioners’ organizers’ (who support the developer) earlier presentation to members of the community, they state “Mandatory and guaranteed membership in the Club and the recreational facilities, programs, services, and amenities provided by the Club increase the value of our property.”

Importantly, SSP has not articulated any significant benefits to PB property owners from a change to non-mandatory PB Club membership. The fact that in two years only 19 PB property owners have purported to have opted out of PB Club membership demonstrates this. If members have hardships, that can be addressed by the developer in more careful and direct ways.

What to Expect From the PBNA

We will continue to listen to PB property owners and research potential issues and related pros and cons. We anticipate sending out at least two additional emails:

Prior to the small June group meetings, we will circulate a list of potential questions which could be raised by PB property owners at the meetings.
After these meetings and prior to the vote, we will analyze any feedback and provide additional thoughts and information.

In our opinion non-mandatory membership is not in PB property owners' best long-term interests. This is a serious irreversible change for our community that has benefited from mandatory PB Club membership for 20 years.

For any further discussions please feel free to contact any PB volunteer board member or send an email to pbna2020@gmail.com.

PBNA Volunteers

Cathy MacKinnon, John Meltaus, Frank Riddick and Allen Roth

Follow-up and video link to April 15, 2025, PBNA meeting

Mon, 28 Apr 2025 18:18:49 GMT

Dear PBNA Members:

We hope everyone had a wonderful Easter weekend. Thank you to the approximately 130 members who attended our 2025 Annual Meeting and Litigation Update on April 15. Our agenda was to bring the community together to find a mutually beneficial path forward among the various resident groups and the developer.

As promised, attached is a link to the video of the meeting:

Palmetto Bluff Neighborhood Association 2025 Annual Meeting and Litigation Update on Vimeo

As many of you are already aware, one day after our meeting and one week after residents asked the town to clarify the Bluffton noise ordinance, at least seven Palmetto Bluff homeowners received suspension or warning letters from Montage, PB Club and/or PB Preservation Trust. We will continue to work to bring our community together to support the resolution of the current disputes to protect the value of our investments in Palmetto Bluff and promote and protect the original vision of our community. We intend to hold follow up discussions and meetings to answer any questions you may have from the meeting.

In order to make sure we fulfill our mission and continue to respond to the needs, size and complexity of our growing community, we are requesting that any members interested in joining the PBNA board volunteers contact us.

Please feel free to forward this newsletter to other PB property owners. Also, please let us know if you have further questions; you can reach us by email at pbna2020@gmail.com.

Thank you,

PBNA Volunteers

Cathy MacKinnon, John Meltaus, Frank Riddick and Allen Roth

PBNA Annual Meeting follow up and next steps

Richard Cedrone — Thu, 17 Apr 2025 11:27:06 GMT

Dear Members,

Many thanks to the roughly 130 members who attended Tuesday’s PBNA meeting. We hope you found it informative and welcome your feedback.

A few things:

We expect to post the video of the event next week after our videographer has a chance to clean up the recording. Christian will only edit for sound and video quality; nothing of substance will be edited out.
A huge shout out and thank you to Jim Scheider and Ian Ford for their informative remarks and Q&A.
Also, thanks to Geoff Block for offering to discuss potential lawsuit # 1 settlement options with PB property owners. You can contact Geoff at 917-941-1980 or at geoffblock@me.com.

We want your input and feedback regarding 2025 priorities and next steps, including any information sessions (in-person or zoom) you would find helpful. Please let us know by contacting any one of the volunteer board members or email us at pbnabluffton@gmail.com.

In the meantime, please encourage your neighbors and friends who are not already PBNA members to join. As our speakers emphasized Tuesday, there is value in numbers. While we have nearly 250 households (and ~450 individuals) as members, more would be better. Any of us are happy to engage with folks who may be skeptical of our mission and intentions.

Thank you,

Cathy MacKinnon

John Meltaus

Bob Morette

Jay Parker

Frank Riddick

Alan Roth

Save the date for the PBNA 2025 ANNUAL MEETING—April 15, 2025

Thu, 03 Apr 2025 19:48:28 GMT

Subject: PBNA 2025 ANNUAL MEETING—SAVE THE DATE, April 15, 2025

Good evening from beautiful Palmetto Bluff. Spring has sprung and we are excited to send this email as your reminder to “SAVE THE DATE” for our 2025 PBNA Annual Meeting of the Members on April 15, 2025!

Below please review the tentative agenda, subject to change due to the fluidity of various legal proceedings currently presiding over our beloved community.

GOOD NEWS: There is great momentum bringing all homeowners together to ensure our Community and our Club is stewarded in a responsible, by-laws driven direction AND, by original design and intent, to mutually benefit our developer and every single homeowner – whether you bought 20 years ago or last month!

Welcome to the 2025 PBNA Annual Members Meeting

Who: Palmetto Bluff Neighborhood Association, Inc. (PBNA)

What: 2025 Annual Meeting of Members

Where: River Road Lodge Pool Lawn

When: April 15^th 4:30 p.m. EST

Friends & Neighbors Interested to Join: ALL WELCOME with caveat: only PBNA members eligible to vote on BOD nominees

Please encourage all friends & neighbors to visit PBNA website: www.pbnabluffton.com and click “join”

Membership Fee has been reduced to $1 until further notice

Welcome, Mission and Priorities for 2025 -- (5 minutes)

Allen Roth and Jay Parker

Active & effective counterbalance to the active & well-funded ownership & management
Keep members informed of community developments
Provide resources and referrals for members
Advocate for member interests with developer
Revitalize PBNA for strength in numbers
Waive Member Dues for 2025 to $1

Election of Directors -- (5 minutes)

John Meltaus

Introduce Current BOD: John Meltaus, Bob Morette, Frank Riddick, Allen Roth
Elect Director Nominee(s): to serve three-year, overlapping terms
Nominee(s): Cathy MacKinnon and Jay Parker for term(s) expiring December 31, 2028

Q & A Community Discussion -- (40 minutes)

Cathy, Allen and Jay

Prior to 4/15/2025, please email suggestions you believe SHOULD BE part of our Mission and Priorities for 2025. We look forward to a robust and healthy discussion of your suggestions and answering your questions regarding our GREAT COMMUNITY! PBNA2020@gmail.com

PB Governance and Legal Issues Education -- (40 minutes)

Ian Ford, Counsel to Plaintiff(s) Lawsuit #1 & Lawsuit #2 (Mandatory Membership Waiver)

Jim Scheider, retired attorney and Co-Author original Palmetto Bluff Declaration of Recreational Covenant

John Meltaus and Frank Riddick BOD PBNA

PB Governance Organizational Chart; PB Club Declaration of Recreational Covenant; Authority conveyed by homeowner deeds; Local Jurisdiction for security issues explained including emergency/nonemergency situations

SSP vs Plaintiffs Lawsuit #1 Update

SSP vs Plaintiffs MMW Ruling & Update

SSP vs POA Demand Letter on the horizon Update

Given the importance of these matters, we have invited participants in Lawsuit #1 and a representative of Petition signers to discuss where there is common ground uniting all stakeholders (Plaintiffs, Petition Signers, MMW lawsuit, POA demand letter, PBNA, MAC and those who choose to remain unengaged) in order to have leverage with our developer and the direction of OUR club and Community.

Thank you,

PBNA Volunteers

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”.

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

Richard Cedrone — Mon, 17 Mar 2025 17:47:47 GMT

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 14^th. 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”.

Letter to the Preservation Trust Board regarding the Village Green

Richard Cedrone — Wed, 12 Mar 2025 21:01:16 GMT

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.

-------------

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

Newsletter # 13 February 2025 SSP/PB Member Meeting Issues/Comments

Richard Cedrone — Tue, 04 Mar 2025 19:06:36 GMT

Dear PBNA Members,

Below is an overview of the Feb. 12. 2025 South Street Town Hall meeting with members. If you have any questions or want to take a deeper dive please click here to see the attached document.

Also, SAVE THE DATE: April 15th PBNA Meeting – open to all PB Residents - More details to come

We’re waiving our 2025 membership fees, go to https://pbnabluffton.com/ to sign up and stay in the loop.

Development Update:

No new PB Base Club amenities will be built until lawsuit is settled
SSP Suggestion floated of building a new/seperate club for new amenities (Nothing confirmed)

Crossroads:

New Fitness Amenities Complex rough design provided
New Fitness Amenities Complex will not be built until lawsuit is settled
Suggestion floated that new Fitness Amenities Complex could be built prior to lawsuit settlement if SSP were to establish it (and thus bill it) as a separate club (fee)
SSP building residential cottages near putting green

Anson:

Coore Crenshaw golf course progressing with irrigation completed on 7 holes
No details on membership status or pricing
Temporary Clubhouse to be built first
Permanent Clubhouse will be similar to May River golf facility but will not be a “true member” (SSP words) Clubhouse
Targeted opening date 1^st quarter 2026

Montage Hotel Update:

SSP building (clearing has begun) new event facility at Montage (SSP owns Montage) to alleviate "pressure" off Village Green – owned by Preservation Trust & funded by PB Members
Location is behind (both) Montage Spa and Flame Pizza truck.
SSP said no limit exists regarding the number of weddings per calendar year

Cell Tower:

Tower structure has been built but electrical & other infrastructure not ready
No commitment provided for when it’s operational

Real Estate:

Real estate prices and sales of new lots and homes up 19% in 2024 (180 closings)
Other specific sales detail enclosed in this newsletter
PBNA commentary: assuming all 180 new homes joined “The Club” @ $50K fee = $9 million in revenue not accounted for on PB Club Balance Sheet

PB Club & Operations:

Organizational data, number of members, data on (optional) for-profit clubs (Golf, Shooting, Boating) and commercial operations (such as employees of SSP) provided
Buffaloes Restaurant turned back to Montage to manage

PBNA commentary of fact: For those that don’t know, SSP terminated agreement with Montage (2021/2022) to manage PB Club and various other commercial operations

PBNA commentary of fact: PBNA requested overall and by entity organizational charts to determine whether collective “Club” is being run efficiently; whether overhead and other costs are being allocated to the Preservation Trust (POA) and PB (base) Club fairly b/c this directly impacts the DUES MEMBERS MUST PAY. To date: we have not been able to obtain this information

PB Preservation Trust (POA) and Design Review Board (DRB):

First ever POA meeting that included members was held January 27, 2025

PBNA commentary of fact: this was a Board of Stewards (BOD) meeting – not an annual member meeting – which should be held annually in the 3^rd quarter of each fiscal year according to POA By Laws

Please see this section of attached newsletter for critical issues raised at that 1/27/25 meeting
DRB reported 1,154 completed homes; 224 in design review and 132 under construction (implying there are approximately 1,510 Base Club Members)

Member Issues and Concerns:

Please see attached document for details.
Question and Answer portion of meeting (ended poorly with a PB employee insulting members), please see attached document for details

Montage Weddings on Wilson Village Green:

SSP working with Montage to put tighter controls on weddings/events
SSP (Gray Ferguson) confirmed they increased village green day rental fee from $3K/day to $4K/day
SSP would not commit to limiting number, size or duration of weddings/events

PBNA commentary of fact: Wilson Village Green is owned by POA but managed for “the mutual benefit of its members (PB homeowners) by SSP. Utilizing POA assets for the benefit of maximizing the value of Montage is effectively transferring value out of the POA (PB homeowners) and arguably a breach of their fiduciary duty under SC Law. Please see PBNA Letter #12 date 1/12/2025 for more information on this subject.

Member Annual Dues Increases:

Member dues will continue to increase at a rate above inflation

Palmetto Bluff Base Club is a PRIVATE, for-profit entity (BUT it is not supposed to charge members fees above operating expenses)

PBNA commentary re: Base Club
No new base club amenities have been built since 2017
Membership increase = 855 in 2017 to (estimated) 1,510 2025
Dues increased by 79% from 2022-2025
Dues increased by 292% (9% increase/year since 2012)

PBNA Commentary: Given the significant increase in DUES, is it reasonable for members to want/expect new base club amenities?"

Settlement of Member Lawsuits:

SSP commented on the lawsuit “on the advice of counsel we can’t answer the question(s)”
Attendees did not appear to be satisfied with SSP responses to questions concerning lawsuit

PBNA commentary: SSP appears to have little incentive to resolve the matter b/c litigation could be providing SSP with excuse to not build member amenities; additionally, significant portion of SSP legal fees is charged and paid for by PB members through POA and Base Club annual dues

Role of Member Advisory Committee:

SSP expressed interest in expanding role of Member Advisory Committee (MAC) to be active conduit for member concerns and recommendations to SSP

PBNA commentary: Concern about MAC member neutrality – member volunteers are selected by fellow members but they must be confirmed by SSP or PB Club management

PBNA-Your Invitation To Participate:

Currently looking for new BOD members to serve 3 year terms
PBNA Objective: community communication, member sounding board, facilitate positive change in our community via a seat at the table with SSP
PB Community is growing quickly, need to be sure it grows in a way that takes homeowners into account alongside the profit margins of SSP
SAVE THE DATE: April 15th PBNA Meeting – open to all PB Residents - Details to come
Please see https://pbnabluffton.com/ to sign up and stay in the loop - Membership fees waived for 2025

PBNA Volunteers

Bob Morette, Arian Ellis, Helen Ryan, Ford Bartholow, 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”.

Newsletter # 12: Village Green and 2025 PBNA Board

Richard Cedrone — Sun, 12 Jan 2025 18:26:50 GMT

Note to readers: While we applaud South Street Partners enhanced transparency provided in their Saturday night email to the PB community on the Village Green controversy, please know that there is much more to this topic of which all PB property owners should be aware. We address these below. Also, please know that in our effort to provide you with accurate information, on Friday we reviewed –consistent with prior practice—a draft of this email with PB’s Chief Operating Officer.

Dear PBNA Members,

This newsletter touches on two topics: the Village Green in Wilson Village and the 2025 PBNA board.

Wilson’s Village Green

The use of the Village Green for weddings continues to be a source of irritation for many PB property owners for at least two reasons:

First, while the number of weddings has decreased slightly, the scale and duration of the events has grown dramatically, causing a myriad of lifestyle, access, and safety concerns. This is the subject of much chatter, both within our Palmetto Bluff community and on social media. In addition to the nuisance and safety concerns, many believe that property owners are not appropriately compensated for our inability to use and enjoy our “downtown” and marque park in a peaceful and orderly manner for significant amounts of time. A further concern is that such events (and construction/tear down) are not sufficiently monitored, resulting in damage to our iconic live oaks and the Wilson Mansion ruins.

Second, the Village Green is effectively “owned” by us, the property owners. The Green is part of our common area property (including roads, bridges, etc.) that is directly owned by the PB Preservation Trust, LLC (our POA), and as such, we (via the POA) are reimbursed when the Green is used for non-POA events. The primary outside events are weddings managed by Montage Palmetto Bluff (MPB). For years, the developer has argued that our “quid pro quo” is the rental fees offset money that property owners would otherwise have to pay in POA fees.

Our objective is to shed more light on the second matter. Three topics are addressed below—history, current economic arrangements, and potential conflicts/self-dealing by our developer, South Street Partners.

History. For many years, our POA charged $1,000 per event for use of the Village Green, regardless of whether the Green was used for one or many days (for set up and tear down). While the POA does not break out rental revenue for the Green in the annual audited financials, the 2024 POA budget estimated fees at $105,500. This amounts to less than 1% of our POAs overall revenues (or about $65 to $75 per PB property owner). In recent years the Village Green repair costs have averaged $35-40,000, so the net economic benefit of the rental fee income is approximately $40 per property owner.

Current Economic Arrangements. After years of pressure from property owners, the rental fee paid to the POA was raised in 2024 from $1,000 per event to $3,000 per day. For example, this means that for a wedding that uses the Green for five days total, the POA would receive $15,000 in revenue, which is a major improvement over the prior pricing arrangement. With this, we can expect total annual site rental fees to increase to the range of $200k to $300k, which will represent approximately 1.4% of POA revenues, or roughly $125 per PB property owner per year. Remember that the POA pays for all repair and resodding costs, so it is still unclear if the property owners receive any meaningful economic benefit under the new pricing arrangements.

Montage Palmetto Bluff’s (MPB) list price for the Wilson Green rental is currently $8,000 per day, which provides a $5,000 margin over the “cost” of $3,000 per day paid to the POA. This arrangement is a potential conflict of interest as SSP owns the hotel and directly benefits from the hotel’s profits while 92% of the POA’s assessment fees are paid by PB property owners.

Potential Conflict of Interest/Self-Dealing. As owners of the hotel, SSP receives all profits (or losses) from the operation of MPB. While details of the contract between Montage and SSP are not known, typical hotel management contracts call for the manager (Montage) to receive 3% of revenue plus certain incentives. For simplicity’s sake, let’s assume Montage receives 5% of revenue. This means that SSP would receive $4,750 per day in profit as there are no incremental costs to them. Many believe, including the PBNA volunteers, that this arrangement is wrong, and conflicts with the POA’s fiduciary duties to PB property owners. The conflict is that SSP management controls the POA board but also runs PB overall in a way that maximizes SSP’s profits.

Under the terms of the PB governing documents, currently the POA is controlled and managed by SSP. PB property owners have no input on POA policies regarding wedding locations and pricing. PB management has defended these arrangements, arguing that there are other potential benefits to PB property owners from the weddings including the marketing of PB and the sale of additional real estate. Clearly, these potential benefits are far greater for SSP compared to PB property owners. Moreover, these potential benefits could be obtained by having weddings at other Palmetto Bluff venues including at Montage.

Most property owners with whom we have discussed this matter believe that the full economic benefit for rental of POA property should accrue to the POA. Additionally, many believe the potential benefits of Village Green weddings to PB property owners are far outweighed by the associated costs, disruption, inconvenience, as well as security and safety concerns.

Further, this possible breach of fiduciary duty by the POA is part of the current litigation (initiated in 2022) against SSP and various PB entities.

Closing Questions and Thoughts: Our questions: Why doesn’t the full $8,000 per day fee go to the POA? Is the $8,000 per day fee still below “market,” given the higher pricing doesn’t seem to discourage frequent rental? Since the Village Green is such a visible source of angst for property owners, why doesn’t POA break out the revenues and repair costs in their published audited financials? Is our security team (which costs approximately $1,750 year per PB property owner) prioritizing Montage and wedding guests over residents’ safety, freedom of movement and quality of life?

Lastly, most Palmetto Bluff property owners believe that the last thing we need is more litigation. So, we urge SSP to change their pricing policies and put their fiduciary obligations to the POA and PB property owners first.

2025 Year PBNA Board

We are near the end of our third year since the PBNA “reboot” and it is a natural time for the volunteer board to be refreshed. While we have some great new candidates, we need more volunteers.

If you want to be an active part in informing, shaping, and protecting our amazing community's future please consider joining our board as a volunteer. Please e-mail our Nominations Committee chair, Alan Roth, directly at ar08053@comcast.com

Closing

If you have any questions, please feel free to reach out to any of the PBNA volunteers: Bob Morette, Arian Ellis, Alan Roth, Helen Ryan, Ford Bartholow, Eric Sutherland, and Frank Riddick.

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”.

Newsletter # 10 Litigation and petition efforts: Smoke, Heat, (and perhaps some) Light.

Richard Cedrone — Tue, 21 May 2024 12:33:50 GMT

Dear PBNA Members,

This newsletter is an update to our February 2024 email regarding on-going disputes, which have now broadened out to include community-wide emails and a recent petition effort by several property owners.

The three separate dispute streams are:

ST Rental/PBCA Litigation. As you may recall, litigation was initiated in 2022 between the group known as PB Community Advocates (comprised partly of, but not exclusively of, owners of properties in the short-term rental areas). This litigation continues, and given the nature of the litigation, little new information is publicly available. Two key pillars of this lawsuit may already be moot (e.g., amenity access by short term renters, and mandatory membership in a for profit club) but a third key pillar involves the governance and structure of what is now referred to as the “base” Palmetto Bluff Club. The PBCA has circulated community wide emails articulating their arguments and points.

Mandatory Membership Waiver. Last July, a group of property owners submitted a formal complaint regarding SSP’s unilateral announcement last May to make PB Club membership optional. Per our governing documents, this was the first step in a formal dispute. The heart of this complaint is that SSP, in making such a fundamental change to PB Club membership, was required to use the amendment process, outlined in section 4.2 of the Recreational Covenant, and obtain a majority vote by the property owners. This was not done.

Petition effort. As many of you may know, a third group of PB homeowners is circulating a petition and holding meetings amongst PB property owners who have expressed an interest in learning more about the first lawsuit and its potential consequences. The leaders of this effort (Jim Grant and Julia Butler) plan to send a community wide communication to share with the balance of the community what was discussed in the neighborhood meetings. They are advocating for settlement or withdrawal of the PBCA-backed litigation. Further, their petition is intended to thwart the plaintiffs’ attempt, down the road, to have its lawsuit certified as a class action. More on this below.

Lots of points and counterpoints are being asserted and we will not attempt to address each one. Please remember that many points and arguments are being expressed by the interested parties in a manner which best supports their goals. Consequently, there is a risk of more heat and smoke but not a lot of light and clarity. In our earnest effort to shed some light, here are some points which may be helpful:

Despite all the handwringing about how the disputes are hurting property values, there are no data to confirm this assertion. All of us receive real estate transaction updates from PB Real Estate as well as from independent brokers which continue to show record prices on virtually all metrics. Of course, if conflicts continue and/or amplify, and with increasing publicity in the newspapers about the lawsuits, this risk no doubt exists. It is worth noting that lawsuits in planned communities are not uncommon, here in SC and across the US, so Palmetto Bluff is not notable in this regard.
The market, and not the absence of litigation, will likely be the biggest driver of new amenity construction. SSP has approximately 2,300 lots yet to be developed, platted, and sold. The only way they will continue to transform raw forest land into million dollar lots is through easy to access top tier amenities. This is evidenced by the construction of the second 18-hole golf course and the Anson Marina. Regardless of the litigation, SSP may choose to make any new amenities separate from the base PB Club, much like they did with Crossroads. SSP has a fiduciary responsibility to their investors to make the decision they believe to be in their best economic interest.

The second legal action involving the waiver of mandatory membership will likely be resolved by the end of summer or early Fall. As the property owners and SSP have agreed to a streamlined legal process whereby a special referee (already chosen by both SSP and the property owners) will rule on this question. If the special referee rules in favor of the property owners, SSP’s waiver will be reversed. SSP will then have the option to either 1) restore the mandatory membership requirement; and/or, 2) seek the written consent of a majority of PB property owners. SSP also could appeal, as they have done in the other lawsuit, which would prolong the matter.

The lawsuit brought by PBCA seeks to be a class action but is NOT a class action yet. The plaintiffs’ complaint alleges that they are “representatives” of the “Property Owners Class,” defined as “all owners, including former Owners, of residential property units…within the past twenty years…” There may come a time—unclear when but could be two to three years hence—when a judge (not yet appointed…) could be asked to certify the lawsuit as a class action. If the judge certifies the case as a class action, then at that time, each property owner would have a choice to remain in the class or to opt out.
Remember, this lawsuit is still in a procedural stage (court vs. arbitration) and nothing has been argued or discussed in court yet on the merits of the plaintiffs’ arguments. The potentiality of the current lawsuit turning into a class action is a significant (and uncertain) financial cloud over SSP. This cloud, we would imagine, would be an incentive for SSP to settle.

Where will this end? We don’t know but some current thoughts:

While they disagree, arguably PBCA has already “won” two key points in their dispute—short term renter access and the allegedly “illegal” structure of a for profit club being mandatory (which may be reversed). Their key remaining arguments revolve around PB Base Club structure (for profit vs. nonprofit), governance, and such. The “bid-ask” spread between the plaintiffs and SSP is immense, and we don’t see any easy solution short of constructive compromise. Apparently, this has been tried several times and has failed. While we are not sanguine that this will change easily or quickly, we hope we are wrong.

Nonetheless, we firmly believe that settling the PBCA backed lawsuit is in the best interests of the Palmetto Bluff community and hope that the defendants and plaintiffs can find a way to do so.
As with the other recent “grassroots” efforts (e.g., Grace Club, Moreland cell tower) to keep Palmetto Bluff a special place, we are grateful that our neighbors continue to step up to work together as a community.

Newsletter #9: A review of 2024 POA (PB Preservation Trust) budget and dues

Richard Cedrone — Wed, 15 May 2024 12:09:04 GMT

Dear PBNA Members,

This newsletter addresses questions we have received regarding the annual dues from The Palmetto Bluff Preservation Trust (PBPT), which is effectively our POA (short for Property Owners Association). The POA is governed by a Board of Stewards, which is controlled by our developer, South Street Partners (SSP). A full description of this entity is contained in the “entities” FAQ on the PBNA website. Given the confusion around the PBPT name, we will simply refer to it as our POA.

The PBPT owns, operates, and maintains the Common Areas (other than Club properties) and operates under our governing documents. It is funded largely though mandatory annual assessments on property owners (amounting to $4,515 per property in 2022, $4,876 in 2023, and $5,315 for 2024), and commercial operations (e.g., Buffalo’s, RT’s, etc.), and if elected by the PBPT’s board of stewards, unsold platted lots. Gate pass revenue and Design Review Board (DRB) fees are also significant revenue sources. The most recent statements, for 2022, were finally released in February 2024. You can access these 2022 audited financials on the PB Member website under the” POA-Preservation Trust” tab.

Observations on the 2024 budget includes:

Assessments continue to rise despite having accumulated a surplus of $ 6.3 million from 2019 to 2022 (2023 was essentially a breakeven year for the POA).
Given these hefty surpluses, SSP elected to change polices (effective 2022) so that it no longer pays assessments on their platted but unsold lots. Under the prior accounting election, the developer contributed an average of $476k annually (2018-2022). Under the new accounting election, SSP is responsible for any POA deficits, which are unlikely given high reserves and continued growth in sold lots and annual POA fee increases. In effect, SSP has shifted nearly one half a million dollars annually on to current property owners.
Implicit in this budget is an expectation of only 24 additional assessment-paying properties in 2024 vs. 2023, which would be the second lowest number of new lot sales since 2012. Either the Board of Stewards are being conservative or SSP is pessimistic about 2024 new dirt sales.
2024 will be the first, recent year, in which reserve funds will be used to pay for repairs and maintenance. Previously, repairs and maintenance were paid out of the annual PBPT revenues. While there is much debate amongst property owners around the right level of reserves, we should all be aware that the POA plans to spend a portion of the reserve funds for the repair or replacement of our common assets in 2024.
Our POA has budgeted to spend $ 383k for legal fees this year, most of which will likely be used to defend against the two legal actions currently underway. Note that the PB Club has budgeted an additional $400,000 in legal expenses. SSP is responsible for the remaining third of the estimated $1.2 million legal fees. In sum, we estimate that property owners are shouldering approximately 65 percent of ongoing ligation defense costs.
Of course, the POA’s costs grow as Palmetto Bluff becomes more developed and there are more roads, bridges, and lagoons to maintain. In 2024, the only significant changes in the POA’s scope of duties are the addition of the new neighborhoods and the added inland waterway acreage which were formally “turned over” in March.

Going forward, what should property owners be concerned about, given where we are and SSP’s stated intentions?

We can expect our assessments to continue to increase. Given the POAs current financial cushion, we should expect that SSP will maintain their current election to cover any deficits vs. the alternative of paying assessments on their unsold but platted homesites.
Further, many of our roads are nearing the point when they will need to be milled and repaved. This will likely be a significant cost, which must be funded either through annual POA assessments or by spending down reserves (or both). Either way, property owners will pay.
While financial transparency has improved under SSP’s ownership, many questions remain regarding cost efficiency and allocations. While we are comfortable about allocation methodology vis a vis the POA, allocations are a more significant component of the PB Club’s budget. We will address this next.

We will continue to post observations of the financial information we receive from SSP and our POA. If interested, we encourage you to read the prior analysis of 2016-2021 which is also on the PBNA website. This report goes into more granular detail on the mechanics of how the PB Preservation Trust operates financially.

Status of Palmetto Bluff Development Plans

Richard Cedrone — Thu, 25 Apr 2024 15:39:10 GMT

The purpose of this email is to update you with the status of the various development activities that South Street Partners (SSP) currently have underway, as best we can understand by reviewing documents, speaking to the Town’s planning staff, and other knowledgeable parties. This message addresses four projects: Long Island (aka Plat 25; Anson neighborhood), Block M-4 Subdivision, Block M-6 (both in the Moreland Forest/Crossroads area) and the new Anson 18-hole golf course. Shout outs to the Town’s staff and Gray Ferguson for ensuring the accuracy of this message.

Background. The overall development of Palmetto Bluff is controlled by the Planned Unit Development (PUD), which was adopted in 1998 (and subsequently amended a few times) which established the current 4000 housing units (or equivalent) cap. Plans for new neighborhoods and features (e.g., roads, amenities) are NOT reviewed by the Town Council or Planning Commission; instead, they are reviewed by the Town of Bluffton’s Growth Management and Watershed team in a three-step process: 1) preliminary development plan application (a fairly high level review); 2) storm water permit (also involves the SC Dept. of Health and Environmental Control, or DHEC), and 3) final approval of the project or subdivision (very detailed). New lots are platted and approved in the last step, and only then can the newly created lots be sold.

Long Island. Last November, South Street Partners submitted a preliminary plan application (step 1, per above) for the development of Long Island, including 31 home lots, a neighborhood street consisting of permeable pavers, and the conversion of the existing earthen causeway into a 14-foot-wide road with two seven-foot-wide lanes. The application also calls for traffic lights on either end of the causeway to allow the road to be closed as needed for emergency vehicles. This preliminary plan was approved with conditions, and the Town staff has yet to receive the full storm water plan for review. Given Long Island’s location, the DHEC review process is likely to involve their Coastal Zone Consistency team, which is generally considered a tougher process.

The storm water permit sought by SSP will only address the runoff issues related to the road; per the current plan, each Long Island lot owner will need to satisfy the storm water abatement in their building permit process. The stormwater submittal must assess the feasibility of this. Given that Long Island is a narrow island with a high-water table, this may prove challenging (mitigated somewhat larger average 2.5-acre lot size).

While the stormwater standards involve many technical criteria, the two most significant ones involve 1) “routine” heavy rains (95^th percentile, or 1.95 inches of rain in a 24-hour period), and 2) 100-year storms (11 inches of rain in 24-hour period). The first requires that this 1.95 inches of rainfall is retained on site, usually accomplished via Best Management Practices (BMPs), such infiltration basins, bioretention, etc. The second, 100-year standard, requires that all storm water is safety conveyed through the site without causing damage/inundation to structures. Furthermore, the stormwater plan must demonstrate that post-development stormwater discharge rates do not exceed pre-development rates for up to the 100-year, 24-hour storm, and the site must be designed to intercept and treat stormwater runoff to at least an 80 percent reduction in total suspended solids, 30 percent reduction in total nitrogen, and 60 percent reduction in bacteria. According to SSP, this “decentralized” stormwater approach is a preferred BMP vs. the more commonly used centralized basins, ponds and such.

Block M-4 Subdivision. This month, SSP requested the Town’s final approval (step 3, per above) of this new neighborhood which will consist of 81 lots on 79.4 acres. Once this is approved, the lots will be available for sale.

Block M-6 Subdivision. This month, SSP submitted a preliminary development plan application (step 1, per above) to the Town. This neighborhood will consist of 26 single family home lots on 48.9 acres.

New 18 Hole Golf Course. SSP has conditional stormwater approval for the course (step 2). Once SSP receives final stormwater approval from DHEC, final approval of the application (step 3) can occur.

PBNA Volunteers

Town Hall Questions and Crossroads Golf Updates

Richard Cedrone — Mon, 19 Feb 2024 18:16:26 GMT

Dear PBNA Members,

This email has two parts:

A list of potential questions for SSP at Wednesday’s Town Hall
An update on Crossroads Golf membership.

Town Hall Questions

Questions for SSP at the upcoming town hall

What is the status of the Master Planning work with Hill Howerton? Will property owners have any input?
What is the expected timing for completion of a new fitness facility?
Will it be part of the base club?
Will you be commissioning an independent member survey, like the ones we used to have under prior ownership?
Are there plans for a traffic light at May River Road and the entrance to Palmetto Bluff?
Why haven’t 2022 audited financials for our POA, the PB Preservation Trust, not been posted on the Member website?
Your efforts to improve fitness classes has been well received but has made availability an issue. What are your plans to address?
Please provide an update on Anson, the new 18-hole course, and the road to Anson.
We understand a group of homeowners who have poor, or no cell service has been advocating for a new cell town for over a year. Can you provide an update?
Please provide an update on the ongoing disputes with the PBCA as well as the second group contesting the waiver of mandatory base club membership.
The significant increases in dues and assessments are creating cash flow pain for some property owners; will you provide a quarterly payment option?
What are your plans for additional walking and cycling paths?

Crossroads Golf—Update/Correction

In our last newsletter (#5, distributed February 13th), we relied on the initially published rules, which we subsequently learned were updated to be less onerous for existing Golf Club members. While existing golf members can still choose to “downgrade” to the May River Golf-only membership and not join Crossroads, they no longer completely forfeit the ability to become a member at the second 18-hole golf course. SSP’s revisions now provide a short window to reverse a downgrade decision. Full details are in the “downgrade” document on the Member website under the Golf Club Membership tab. The most relevant new language is below:

For a 90-day period after the opening of a new 18-hole golf course, (i) May River Tier I Members who downgraded from Golf Tier I Membership by March 31, 2024, may upgrade back to Golf Tier I Membership by submitting an upgrade request, without payment of an additional membership joining fee and without being subject to the waiting list to acquire a Golf Tier I Membership, and (ii) May River Tier II Members who downgraded from Golf Tier II Membership by March 31, 2024 may upgrade back to Golf Tier II Membership by submitting an upgrade request, without payment of an additional membership joining fee.

This new “downgrade” agreement contains an additional option for May River members to rejoin Golf Club membership after the 90-day window if the Club has not reached its cap (along with payment of any delta in joining fees). We urge any interested member to review the documents and FAQs on the member website. The Palmetto Bluff Membership office is available to answer any questions you may have regarding your membership questions.

PBNA Volunteers

Bob Morette, Arian Ellis, Helen Ryan, Ford Bartholow, Frank Riddick, Allen Roth, Richard Cedrone

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”.

PBNA Newsletter #5

Richard Cedrone — Sun, 11 Feb 2024 14:00:00 GMT

Dear PBNA Members,

This newsletter has six topics:

Update and summary of ongoing litigation and mediation matters.
Crossroads Golf
Shout-outs.
What we’re working on
Our new PBNA Board Volunteers
Final Thoughts.

1. On-going litigation and mediation efforts

As you may know, there are two separate disputes underway between property owners and PB’s owner, South Street Partners (SSP). The newer dispute involves the May 31, 2023, action by SSP to make membership in the Palmetto Bluff Club optional. The second dispute, led by homeowners who identify themselves as the PB Community Advocates, continues. Our understanding of the status of each is summarized below:

Mandatory Membership Waiver. Last July, a group of property owners submitted a formal complaint regarding SSP’s unilateral announcement making membership optional. Per our governing documents, this is the first step in a formal dispute. The heart of this complaint is that SSP, in making such a fundamental change to PB Club membership, was required to use the amendment process, outlined in section 4.2 of the Recreational Covenant, and obtain an instrument signed by a majority of Owners of residential units and The Founder. This did not happen. Instead, SSP relied on a waiver provision (section 4.5) to promulgate the new policy, essentially saying that they no longer would enforce the provision. A core motivator for these property owners is the need to defend owners’ legal rights now and prevent adverse precedents which may impinge property owner rights in the future.

As of last month, the mediation process concluded without resolution. Our understanding is that the parties may be discussing a shortened legal process for adjudicating the dispute. Overall timing is TBD.

ST Rental/PBCA Litigation. As you may recall, litigation was initiated in 2022 between the group known as PB Community Advocates (comprised partly of, but not exclusively of, owners of properties in the short-term rental areas). This litigation continues, and given the nature of the litigation, little new information is publicly available. However, there is nothing that would lead us to believe that we can expect a resolution any time soon. For brevity’s sake, a summary of the issues which we published in our Novenber newsletter is included in the APPENDIX below.

Caveat! Please remember we are not lawyers, and these updates are for informational purposes only and are notlegal advice; instead, all information, content, and materials in this email and on our website are for general informational purposes only.

2. Crossroads Golf

Like many of you, we are disappointed to learn that the new 9-hole golf course is not part of the base PB Club, despite the fact that most of the people we have talked with were under the impression that Crossroads was the next great new amenity for all Palmetto Bluff Club members. That said, SSP is a business and has the legal authority to set rules and fees. One wonders if future amenities will be part of the base Club or will require additional dues and fees.

Existing Golf Club members have expressed concern that—while they have no incremental initiation fees for Crossroads—their annual dues are now $4,000 higher per year. Importantly, if they chose to forego extending their Tier 1 membership to Crossroads, they forfeit the right to extend their membership to any new courses. This is viewed, at least by some, as coercive. Clearly the long waiting list for Tier 1 memberships provides SSP with significant leverage.

Please note that Golf Club membership categories have expanded from two to five:

Tier 1 and Tier II members who sign up for Crossroads will now be members in what is now called Palmetto Bluff Golf Club.
Tier 1 and Tier II members who do not join Crossroads will now be members in the May River Golf Club. Note that these members will/have forfeited their rights to automatically extend their memberships to any new golf courses without a new initiation fee.
The new fifth category, Sports Membership, is for folks who only want to join Crossroads.

For more details, please review the documents under the Golf tab on our member website.

3. Shout-outs

While many of you are aware of important contributions by our neighbors, we wanted to applaud three in particular:

Lee Leonard and Penny Baldwin Leonard for leading the efforts to Save the Grace. Leveraging their skills and passion for boating, Lee, Penny and others—along with the support by our owners--brought this majestic piece of Palmetto Bluff tradition and lore back to our community. And also, thanks to the 45 families who each contributed $5,000 and became founding members of the Grace Club.
For the last year, Kent Flury has led a group of over 80 property owners to improve cell phone coverage in the newer neighborhoods. Working with SSP partner Jordan Phillips, there is commitment for a temporary cell tower as a new cell tower is built and becomes operational later this year or in early 2025.
For the past several years, Bob Newbert conceived and planned innumerable Boat Club excursions and events. Bob did this with great cheer, patience and at considerable personal expense. Bob’s meticulously planned trips are no doubt responsible for driving the Boat Club’s popularity as well as many happy memories. Going forward, Wilson Landing will be planning and running Boat Club excursions, and they have big shoes to fill. Kudos to Captain Bob.

We make these shout outs as a reminder that we are fortunate to live amongst so many talented, caring, and energetic people who devote their time, talent, and treasure to make and preserve Palmetto Bluff a special place.

4. What we’re working on

After a long holiday season filled with fun, family and joint replacements, your PBNA volunteers have several things on our agenda:

We will email a list of potential questions for SSP before the Town Hall
We will update our historical analysis of our POA’s finances (Preservation Trust) once the 2022 audited financials are finalized and posted. Please note that we already have a four-year analysis and comparison of POA on the PBNA website, under FAQs.
We are digging into the Club’s finances, which is a priority given the rapid acceleration of dues in recent years.
Anson update
Member survey

Please let us know if there were other topics you would like us to address. Fortunately, we have expanded the volunteer group, and we welcome having additional capacity and energy to further our mission.

5. New Board Volunteers

We are delighted to announce two new PBNA volunteers who are excited to help further our work.

Frank Riddick. Frank recently retired after a long business career as a CEO for private equity owned businesses. Frank and his wife Carol purchased property in Palmetto Bluff in 2012 and became full-time residents in 2017. The couple has three grown sons and two dogs.

Allen Roth. Allen recently retired after 40 years as a structural engineer focused on forensic engineering and strategic advising. After selling his engineering firm, Alan and his wife Kim Mazzei-Roth relocated to River Road in 2022. He enjoys tennis, fitness classes, bowling, swimming, and the bourbon/cigar club. He has three children and seven grandchildren who thoroughly enjoy vacationing in Palmetto Bluff.

6. Finally…. a few things in closing

· Please feel free to forward this newsletter to other PB property owners, and please help us drive awareness of PBNA’s mission and activities. While PBNA has over 228 households and 406 members, numbers matter so please encourage your friends and neighbors to join.

Also, please help address any confusion your friends and neighbors have between PBNA and the litigation group that goes by PB Community Advocates (PBCA).
For more detail on our mission, please go to our website: pbnabluffton.com. For any questions, you can contact us at pbna2020@gmail.com, or call one of the volunteers listed below.
Please join us in giving a shout out to our website sponsors (which are displayed at the bottom our landing page), as their contributions help support our on-going efforts. In part due to their contributions, current PBNA members automatically renewed for 2024 for no cost.
Also, please let us know if you have further questions; you can reach us by email at pbna2020@gmail.com.

PBNA Volunteers

Bob Morette, Arian Ellis, Helen Ryan, Ford Bartholow, Frank Riddick, Allen Roth, Richard Cedrone

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”.

APPENDIX

ST Rental/PBCA Litigation. Both sides have lists of claims and counterclaims that may somewhat obscure the central issues. To us, the PBCA makes three key claims:

Claim #1: The PB Club is inherently unlawful, as it cannot be both (a) a private for-profit company owned entirely by the developer, while at the same time (b) be mandatory for PB property owners to join and pay what the developer choses, without any rights. Response by SSP: Outside of the legal proceedings, SSP now has waived the requirement that PB property owners join the Club, so it is now optional, which may (or may not) render claim #1 moot. SSP’s legal authority to unilaterally waive Club membership is being challenged by a second group. Let’s call this the “mandatory membership waiver” matter.

Claim #2: SSP changed the rules to prohibit short-term rental guests access to Club facilities, which PBCA viewed as an improper change of the rules. Response by SSP: Outside of the legal process, SSP implemented new access rules and fees for renters. This may (or may not) render claim #2 moot as well.

Claim #3: Under the governing documents, the Club was supposed to be offered to the members for purchase at the time SSP acquired PB (under a right of first offer provision), and this unlawfully was not done. This claim also asserts that the Club should have a non-profit, mutual benefit company structure, which is common in the Lowcountry. SSP Response: In its FAQ, SSP pushes back on the legal basis of this claim and asserts it has continued economic interest in the Club amenities for which it has not fully reclaimed their value in marketing new lots. SSP has also stated that it believes the right of first offer was not applicable given the structure of the transaction.

There are a host of additional claims/assertions which we think are secondary. But, for those interested in more, we recommend you go to the respective source documents. Again, for further information, please email us or reach out to one of the volunteers.

Call for 2024 PBNA Volunteer Board Members

Richard Cedrone — Wed, 29 Nov 2023 17:32:15 GMT

We're wrapping up our second year of PBNA's revival, and we're proud of what we've accomplished. Our goal from the very beginning is to provide timely information in a pragmatic way not prejudiced in favor of a particular side. We have taken a just the facts approach. Our goal is to empower our community with knowledge so you can be informed and act if you choose as property owners in the Palmetto Bluff community.

But we know there's more to do. We need more volunteers to continue to serve the needs of the community for accurate and timely information of changes to our Palmetto Bluff community, and how those changes will affect all of us as homeowners.

If you want to be an active part in informing, shaping, and protecting our amazing community's future please join our board as a volunteer.

Don't miss this opportunity to make a difference!

Please e-mail our Nominations Committee chair Eric Sutherland directly at sutherland.ec@gmail.com.

PBNA Volunteers

PBNA Newsletter #4: Litigation Update, Call for interested 2024 Volunteers, and 2024 Dues

Richard Cedrone — Thu, 02 Nov 2023 13:13:56 GMT

Dear PBNA Members,

We hope everyone had a great summer and we’re glad to see so many friends back on property.

First, a clarification to the prevalent rumors, social media posts and misinformation: PBNA is an independent group of over 400 property owners whose dues support our fact-based educational activities, which we conduct primarily though our web site, which provides a huge depository of PB information, including our founding documents, and prior communications, FAQs on specific topics, member meetings, outside speakers, direct conversations, and email alerts on emerging and on-going issues. PBNA is NOT associated with a group of plaintiffs, generally represented by PB Community Advocates (PBCA), NOR are we associated with a second group of property owners who are in formal mediation with SSP. And lastly, we have no affiliation with PB’s owner, SSP. For more detail on our mission, please go to our website: pbnabluffton.com. For any questions, you can contact us at pbna2020@gmail.com, or call one of the volunteers listed below.

This newsletter has three topics:

1) update and summary of ongoing litigation and mediation matters

2) a call for volunteers to be 2024 PBNA board members

3) an update on 2024 dues and website sponsors.

On-going litigation and mediation efforts

First, one thing to clarify: we have been troubled by the tone of many communications, postings, and emails swirling around on this topic which have been unneighborly at best and divisive at worst. The PBNA volunteers respect everyone’s rights to enforce contracts and property rights, and we hope and trust that tolerance and mutual respect will prevail.

Second, the founding documents and the agreements we all signed when we became property owners are “developer friendly” in the extreme. As property owners, we comparatively have few rights, and many we talk with believe it is important to defend the few contractual rights we do have.

Third, we are not lawyers, and this update is for informational purposes only and is not intended to constitute legal advice; instead, all information, content, and materials available in this email and on our website are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.

Litigation. As you may recall, the litigation filed last year between the group known as PB Community Advocates (comprised partly of, but not exclusively of, owners of properties in the short-term rental areas) continues. Given the nature of the litigation, little new information is publicly available. However, there is nothing that would lead us to believe that we can expect a resolution any time soon. Both sides have published “analyses;” SSP has a 9-page FAQ about the litigation (subsequently removed, but available on the PBNA website). PBCA continues to update their website.

Both sides have lists of claims and counterclaims, that may somewhat obscure the central issues. To us, the PBCA makes three key claims:

Claim #1: The PB Club is inherently unlawful, as it cannot be both (a) a private for-profit company owned entirely by the developer, while at the same time (b) be mandatory for PB property owners to join and pay what the developer choses, without any rights. Response by SSP: Outside of the legal proceedings, SSP now has waived the requirement that PB property owners join the Club, so it is now optional, which may (or may not) render claim #1 moot. SSP legal authority to unilaterally waive the membership term is being challenged by a second group. Let’s call this the “mandatory membership waiver” matter. More on this below.

Claim #2: SSP changed the rules to prohibit short-term rental guests access to Club facilities, which PBCA viewed as an improper change of the rules. Response by SSP: Outside of the legal process, SSP implemented new access rules and fees for renters. This may (or may not) render claim #2 moot as well.

Claim #3: Under the governing documents, the Club was supposed to be offered to the members for purchase at the time SSP acquired PB (under a right of first offer provision), and this unlawfully was not done. This claim also asserts that the Club should have a non-profit, mutual benefit company structure, which is common in the Lowcountry. SSP Response: In its FAQ, SSP pushes back on the legal basis of this claim and asserts it has continued economic interest in the Club amenities for which it has not fully reclaimed their value in marketing new lots. SSP has also stated that it believes the right of first offer was not applicable given the structure of the transaction.

There are a host of additional claims/assertions which we think are secondary. But, for those interested in more, we recommend you go to the respective source documents referenced above. Again, for further information, please email us or reach out to one of the volunteers.

Mandatory Membership Waiver (MMW). As you may recall, on May 31st SSP notified PB property owners by email of a significant change, making PB Club membership optional. In a July 12 PBNA email to you (available on the PBNA website, under communications), we let you know that a group of property owners submitted a formal complaint (explained below) to SSP, per the process outlined in PB’s covenants. We understand that the negotiation process, which has a limited time window, is likely to come to an end soon and without a resolution. The group is considering next steps.

The heart of the complaint is that SSP, in making such a fundamental change to PB Club membership, was required to use the amendment process, outlined in section 4.2 of the Recreational Covenant, and obtain an instrument signed by a majority of Owners of residential units and The Founder. This did not happen. Instead, SSP relied on a waiver provision (section 4.5) to promulgate the new policy. So, the complaint group filed a mediation request, which is step one in our PB dispute resolution process. The complaint group believes this is a fundament legal property owner right, and if “we” allow “them” to make fundamental changes unilaterally now, then we risk giving up our legal rights for future unilateral changes. The reasoning is: If SSP can “waive” this important property owner's protection provision without challenge, what’s to stop SSP from “waiving” other important provisions in the future?

For those who want to learn more about, or participate (named or unnamed) in, this effort, please contact us at pbna2020@gmail.com and we will put you in touch with the leaders.

Call for 2024 PBNA Volunteer Board Members

As we complete the second year of PBNA’s “reboot”, we want to make sure we fulfill our mission and continue to evolve as the needs, size and complexity of our community grows. If you are interested in joining our effort, please let us know and we can explore. Eric Sutherland, the chair of our Nominations Committee, will soon email the PBNA membership specifically looking for engaged property owners to explore deeper participation.

2024 Dues and Sponsors

Please join us in giving a shout out to our website sponsors, as their contributions help support our on-going efforts. In part due to their contributions, current PBNA members will automatically renew for 2024 for no cost. Consistent with current policy, new members will pay a $125 fee for the household.

Please feel free to forward this newsletter to other PB property owners. Also, please let us know if you have further questions; you can reach us by email at pbna2020@gmail.com.

PBNA Volunteers

Update on SSP’s May 31 announcement

Richard Cedrone — Wed, 12 Jul 2023 10:40:23 GMT

Dear Members:

This is a follow up email to our recent messages regarding South Street Partners’ (SSP) May 31 email announcing a major change to the structure of the Palmetto Bluff Club (PBC).

We want to let you know that some Palmetto Bluff property owners have submitted a complaint to SSP. As you may recall, our governance process requires that the first step to contest an action by the developer is to begin a 60 day “alternative dispute resolution” process. This process is outlined in Chapter 18 of our Community Charter, which you can find on the Member website (click the POA-Preservation Trust tab, and then click on Governing Documents).

Our understanding is the complaint states that SSP does not have the authority to make PB Club membership optional without a majority vote by property owners. A relevant document is the 2003 Declaration of Recreational Covenant for Palmetto Bluff, which 1) makes membership mandatory; and 2) has a clear amendment process.

Relevant sections:

Mandatory Language. Mandatory membership is mentioned several times in the Declaration. One example is Section 2.2 which states “…Covenant to Maintain. The Owner(s) of each Residential Unit shall maintain the Community Membership issued for their Residential Unit …as long as they hold title…”
Amendment Process. Section 4.2 states “…this Declaration may be amended only by an instrument signed by the Club Operator and by Owners of a majority of the Residential Units and by the Founder…” (emphasis added).

Further, we understand that the property owners are asking SSP to 1) negate the waiver or offer a mutually acceptable remedy; and 2) suspend all purported deadlines under their new alleged policy while the matter is negotiated and mediated.

Additional Palmetto Bluff property owners may join this complaint process.

Please let us know if you have further questions; you can reach us by email at pbna2020@gmail.com.

PBNA Volunteers

SSP Membership Announcement Update

Richard Cedrone — Thu, 15 Jun 2023 20:23:05 GMT

Dear Members:

This is a follow up email to our message last week regarding South Street Partners’ (SSP) May 31 email announcing a major change to the structure of the Palmetto Bluff Club (PBC). This email addresses five topics:

1) Why do we think this is an important matter?

2) What can concerned property owners do (procedurally)?

3) Exactly which amenities will a property owner lose access to if they resign their membership?

4) Beyond local management, with who else can you share your concerns?

5) What is the heart of this matter?

Why is this important? First, as your PBNA volunteers, you should know that the PBNA intends to maintain our “just the facts” posture. That said, we continue to believe the unilateral change (without a member vote) to make PBC membership optional is a very significant change with major potential downstream consequences. Based upon what we have been able to understand, we do not believe SSP has the authority under our governing documents to make this change without a majority vote by property owners. The relevant document is the 2003 Declaration of Recreational Covenant for Palmetto Bluff, which 1) makes membership mandatory; and 2) has a clear amendment process.

Mandatory Language. Mandatory membership is mentioned several times in the Declaration. One example is Section 2.2 which states “…Covenant to Maintain. The Owner(s) of each Residential Unit shall maintain the Community Membership issued for their Residential Unit …as long as they hold title…”
Amendment Process. Section 4.2 states “…this Declaration may be amended only by an instrument signed by the Club Operator and by Owners of a majority of the Residential Units and by the Founder…” (emphasis added).

Management asserts they are making this change as a “waiver,” under section 4.5. Initial legal conversations suggest this section does not give SSP unilateral authority to make such a substantial change. Rather, it is a technical provision essentially stating that past failures to enforce rules (e.g., late fees, etc.) does not prohibit them from enforcing rules going forward.

We understand that concerned property owners should formerly register their complaints under our Community Charter’s procedures within 30 days of SSP’s May 31 email.

At this point, no one knows how many PBC members will resign their memberships and the resulting financial impact of those resignations. The onerous “re-joining” terms (whether by a current owner or a new owner) will influence near-term decisions. Regardless of short-term impact, the longer-term consequences may be considerable if SSP establishes that they can make major changes without adhering to our foundational legal documents.

What can be done? Under our Community Charter, the first formal step to contest an action by the developer is to begin a “alternative dispute resolution” process, which can be initiated with or without the help of lawyers. The steps are outlined in Chapter 18, which you can find on the Member website (click the POA-Preservation Trust tab, and then click on Governing Documents). Individual property owners alone, or with other property owners, can initiate such a process. Based upon many conversations, we expect one or more parties to initiate formal disputes. Interested property owners are arranging a call with outside counsel, and we will communicate details as we learn next steps.

Exactly which amenities are involved? Palmetto Bluff is a complicated community with the POA/Preservation Trust, PBC, Montage, SSP’s commercial operations (RTs, Buffalos, Boat Club, etc.) and the Conservancy. Two things can help: 1) pasted below is a matrix detailing which amenities are part of PBC; and 2) there is a FAQ on the PBNA member website that offers additional detail.

To whom can I express my thoughts/concerns? In our email last week, we provided the local management contacts (Gray Ferguson and Rob Duckett) but many members have asked for the contact information for the SSP partners. We encourage you to email SSP’s managing partner, Patrick Melton, to request an in-person Town Hall meeting so that we may properly ask questions and share our concerns. You may recall that at the last Town Hall, held on November 15, 2022, he pledged that they will hold Town Halls when they have important news. The SSP partners’ emails are:

Patrick Melton pmelton@southstreetpartners.com

Jordan Phillips jphillips@southstreetpartners.com

Chris Randolph crandolph@southstreepartners.com

Will Culp wculp@southstreetpartners.com

What is the heart of this matter? Different people have and will likely continue to have different opinions and thoughts about whether anything should or can be done. Clearly, as mentioned above, the first step is to conduct a Town Hall with the Palmetto Bluff property owners. In addition, we see two paths:

One option is to simply contest SSP’s legal authority under our documents to make membership optional without a member vote. If this is successful, SSP would have the option of conducting a member vote (per our documents) or reverse the change and reverting to mandatory membership. If a majority of members approve of eliminating the membership requirement, then we will have spoken as a community.

Another option is to press for making the PBC a member owned not for profit. While member ownership and associated governance is the likely outcome for most communities as they become largely built out, Palmetto Bluff is only one-third developed and “turnover” to residents is probably many years away. In the meantime, many property owners want to find a way to better align the interests of PBC members with its owners and operators.

Please let us know if you have further questions; you can reach us by email at pbna2020@gmail.com.

PBNA Volunteers

Bob Morette, Arian Ellis, Helen Ryan, Ford Bartholow, Eric Sutherland, Richard Cedrone

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”.

SSP Membership Announcement

Richard Cedrone — Tue, 06 Jun 2023 18:37:23 GMT

Dear Members:

Last week, a South Street Partners (SSP) email announced a major change to the structure of the Palmetto Bluff Club (PBC) by making membership optional. Until now, membership in the PBC has always been mandatory.

This is a very significant change with major potential downstream consequences.

In addition, SSP promulgated new PBC and amenity access rules, procedures and fees for visitors using Short Term Rentals (STR).

Like you, your PBNA volunteer leaders have many questions around these policy changes. This email focuses on the PBC membership change, and we are sharing our current understanding. We will update you as we learn more.

In the meantime, we encourage you to reach out to

Rob Duckett (rduckett@southstreetpartners.com ) and

Gray Ferguson ( gferguson@palmettobluff.com) with your thoughts.

Understanding and Concerns

The change fundamentally undermines one of our key governing documents. The 2003 “Declaration of Recreational Covenant for Palmetto Bluff” makes membership mandatory and states that PBC will be operated for residents’ benefits. As stated in section 4.2, this Covenant "may be amended only by an instrument signed by the PBC Operator and by Owners of a majority of the Residential Units and by the Founder…” (emphasis added). No vote occurred.

Management asserts they are making this change as a “waiver,” under section 4.5. Initial legal conversations suggest this section does not give SSP unilateral authority to make such a substantial change. Rather, it is a technical provision essentially stating that past failures to enforce rules (e.g., late fees, etc.) does not prohibit them from enforcing rules going forward.

Making PBC membership optional may drive significant and rapid escalation of PBC dues, especially if many property owners resign their memberships.
- Since there are many property owners who do not have completed homes, or live here part time, the potential loss of dues revenue is unknown and could be significant.
- In addition, there are 110 properties paying PBC dues by people who already own another house/lot and are paying dues on those properties as well. This change may lead them to drop the redundant memberships.
- Further, rapidly escalating dues may compel more members to resign, creating a negative spiral which could threaten the PBC’s viability.

Many residents have told us they believe making the PBC optional will fundamentally alter the nature of Palmetto Bluff, by creating two classes of residents, which is not consistent with the vision they bought into when deciding to purchase property here.

This change opens the door to SSP selling non-resident PBC memberships.

Making PBC membership optional may address one key issue in the on-going litigation brought by a group of PB residents known as PB Advocates, but it may simply create additional litigation. For background regarding this on-going litigation, please refer the FAQ we published last year on this topic. You can find it on www.pbnabluffton.com in the member section under FAQs.

Elimination of the membership requirement makes bulk lot sales more economic and feasible. While SSP is on record at a recent Town Hall that they have no plans for bulk sales, many believe it was an important component of their initial business plan. For background on the bulk sales matter, please refer to the FAQ on this topic located in the member section at www.pbnabluffton.com.

Elimination of the membership requirement also makes land speculation here more attractive and less risky. By avoiding the upfront joining fees, land investors can acquire lots more cheaply, and their cost of carry is lower due to the absence of annual PBC membership dues.

Please let us know if you have further questions; you can reach us by email at pbna2020@gmail.com

PBNA Volunteers

Bob Morette, Arian Ellis, Helen Ryan, Ford Bartholow, Eric Sutherland, Richard Cedrone

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”.

Dominion - Power Reliability on Palmetto Bluff

Richard Cedrone — Wed, 22 Mar 2023 19:19:33 GMT

Dear Members:

Last fall, two thirds of PBNA members who responded to our survey cited power reliability as a priority issue. Subsequently, we met with a member of our Town’s Council as well as two representatives from Dominion Power. The purpose of this message is to share what we have learned in three areas: Reliability, Capacity, and Power Quality.

Reliability. We were delighted to learn that Dominion knows about outages at the customer level, and the Dominion folks shared—as proof--outage data on our personal residences. For example, this writer’s house had 18 outages in the 1,239 days I’ve resided here, but 5 outages accounted for most of the 675 total minutes. One was caused by a tree limb within PB, another by a car hitting a pole, a third by lightning, a fourth caused by storm damage to a major feeder line into Bluffton (affecting 1000s), and the last one was unexplained. To obtain data on your residence, contact Dominion Customer Service (numbers are below).

Within Palmetto Bluff, we have buried power lines within the residential areas, so we are protected (relatively) from storms compared to similar communities. That said, two structural matters affect our power reliability:

While power lines within the residential portions of PB are underground, power lines which bring power to our community are overhead and more exposed to storm and vehicular damage. Also, within the undeveloped and/or construction areas of Palmetto Bluff, we have overhead power lines which are also exposed. Dominion’s policy is to trim trees on a five-year cycle, and Palmetto Bluff is scheduled for tree trimming in 2023. Also, the overhead power lines along May River Road that supply PB had a “mid-cycle” trim last year. There are no plans to bury these lines; State of South Carolina utility regulations do not permit utilities to recover the incremental cost of underground lines.

Power distribution lines are more stable when the lines are in “loops” so that an interruption from one side effects fewer customers as power can come from the other side. Unfortunately, given the relative “youth” of PB, many of the primary feeder lines within PB are “radial” or one-directional. So, an interruption at one point will affect all the down-line customers. Over time, Dominion plans to “close the loop” on multiple radial lines as Moreland Forest is developed further and Anson becomes a reality. In sum, the maturing of PB should make our power network more reliable and redundant.

In the “for what it’s worth” category: We learned than many of the breaker fuses manufactured and installed between 2017 and 2020 have systemic flaws causing “nuisance tripping”. If you have one or more circuits that trip often you might want to check with a trusted licensed electrician.

Capacity. Palmetto Bluff is supplied by Dominion’s Pritchardville substation, which is along May River Road, and is expected to have sufficient capacity even as our part of Bluffton continues to grow rapidly. In October 2022, Dominion brought an additional Bluffton substation (known as the May River substation and located close to Old Town Bluffton) on line. This expanded local capacity and took load off the Pritchardville substation. As growth continues in our part of Bluffton, Dominion will continue to shift load to the new substation, and they expect PB residents will have no capacity worries.

Power Quality. Many residents complain about power dimming, surges and other inconveniences, which often knock electronics and appliances offline. If this is an issue for you, Dominion will help by inspecting your house’s infrastructure to diagnose the issues.

Reaching Dominion. The Dominion folks we met with suggested calling 888-333-4465 for downed and/or sparking power lines and 800-251-7234 for all other inquires. Communication will likely be most effective if you log specific times, dates and durations of any outages or other issues.

Please let us know if you have further questions; you can reach us by email at pbna2020@gmail.com.

PBNA Volunteers

Bob Morette, Arian Ellis, Helen Ryan, Ford Bartholow, Eric Sutherland, Richard Cedrone

Shrimp Tales, Small Bites of History

Richard Cedrone — Wed, 22 Feb 2023 14:22:56 GMT

PBNA is delighted to announce its inaugural "History of the Low Country Heritage" series. We invite you to join us on Thursday, March 9th from 4 - 6 pm at Moorland Landing for an evening of learning and socializing with friends and neighbors.

We are honored to have Beverly Bowers Jennings present her book, "Shrimp Tales, Small Bites of History," which is the first of its kind to explore the people, places, and boats that make up the commercial shrimping industry in the Southeast. Through years of research and a passion for storytelling, this book paints a vivid picture of the rich history of the low country. Beverly’s presentation will be 20-30 minutes long, following with questions and book signing afterwards.

Please bring your favorite wine, beer, or liquor to enjoy as we listen to Ms. Jennings' presentation. We will also be serving the best grilled shrimp and gumbo in the Low Country, generously provided by PBNA's dedicated volunteers.

Space and food are limited, so please RSVP as soon as possible to reserve your spot. If you wish to contribute to the South Carolina Seafood Alliance or the PB Conservancy, please bring a check. Additionally, signed copies of Ms. Jennings' book will be available for purchase as a special gift for your friends and relatives.

We can't wait to share this special low country history with you and look forward to seeing you there!

Please RSVP to pbna2020@gmail.com

Litigation Update and Clarification

Richard Cedrone — Tue, 07 Feb 2023 19:04:33 GMT

Dear PBNA members:

This email is to alert you to a couple recent developments as well as to proactively avoid confusion.

First, the group of plaintiffs who have been involved in on-going litigation with PB Development (now, essentially, South Street Partners) recently filed an appeals brief that we believe you should be aware of. While this on-going litigation is often believed to involve mainly the short-term rental amenity access issue, it is important to note that the focus of this most recent brief is challenging the transfer fees as well as the mandate for every property owner to be a member of the PB Club. If this litigation is successful, it could have important implications for PB property owners as well as the future of the PB Club. There is no certainly as to what those implications could be. Here is a link to the brief. (Click here)

Second, many of you received recently an email with an “open letter” to PB Neighbors from Palmetto Bluff Community Advocates (PBCA). This group is largely composed of the plaintiff group which is in on-going litigation with our owners (and other defendants). Some have confused PBCA with the PBNA; please note that these are entirely separate organizations. Consistent with our “just the facts” approach, the PBNA takes no position on the litigation and certainly respects the rights of the property owners behind PBCA to express their views. If you did not receive this email, here is a link to it: www.pbcommunityadvocates.com

Please let us know if you have any questions. You can email us at pbna2020@gmail.com.

PBNA Volunteers

PNBA Newsletter | Q1 2023

Richard Cedrone — Mon, 16 Jan 2023 14:00:00 GMT

Dear PBNA Members,

We hope everyone had a great holiday season! We’re back at work, and this is our third PBNA member newsletter. As we have mentioned before, these newsletters will not replace subject specific emails on important topics that seem to arise with some regularity. We will strive to publish these newsletters quarterly, with the intent to provide an update on various matters of concern to our community that fit within our mission. We have several updates: 2023 Board, Anson Amendments, Litigation, Member Survey Summary, Remote Access/Livestreaming, Sponsors, and Upcoming FAQs.

2023 PBNA Board. We are pleased to welcome Helen Ryan to the board of volunteers. Helen moved to Palmetto Bluff in December of 2021 after living and working on HHI for twenty years. After a career in nursing and education, she “retired” to Hilton Head where she soon became the High School Principal, where she served until her second retirement.

We want to thank Harry Haslam and Graz Graziano for their service as volunteer board members and leaders as they worked to restart the PBNA in 2021 and 2022. Harry served as a critical bridge between the “old” and “new” PBNAs, bringing knowledge and wisdom to our group. Serving as our communications volunteer, Graz was tireless and quick in drafting messages as well as responding to member and non-member inquires.

Final Resolution of SSP’s Proposed Amendments to the Development Agreement regarding a second dry stack and overwater fueling at Anson. After over a year of consideration by various Town of Bluffton officials and committees, the Town’s Negotiating Committee recommended a compromise that received final approval by the Town Council in December 2022. Key points include:

The request for over water fueling was denied.
The request for a dry stack at Anson was approved, subject to the following conditions:
The number of wet slips cannot exceed 170 (which is the number currently permitted)
The new dry stack is initially allowed to have 230 slips (the difference between 400 slips authorized in the prior 2^nd amendment to the PB Development Agreement and the 170).
Wet slips may be converted to dry stack slips. One wet slip may be converted to two dry stack slips. (The Negotiating Committee added this provision to incent our owners to minimize the number of wet slips, which many people believe are potentially harmful to the environment.)
Dry stack slips cannot be converted to wet slips.

Litigation. The litigation between the group known as PB Advocates (comprised mainly of owners of properties in the short-term rental areas, but not exclusively) continues. Given the nature of the litigation, little new information is publicly available. However, there is nothing that would lead us to believe that we can expect a resolution any time soon.

Member Survey Summary. We received 61 responses to our PBNA member survey, representing roughly a 30% response rate assuming we received one response per household. Key takeaways include:

66% believe power reliability is a priority issue.
62% believe cell service is also a priority issue. Of those who cited cell service as a priority issue, 71 % do not have a landline.
75% do not believe we receive adequate communications from SSP.

Regarding PBNA’s performance since we “re-booted” in late 2021:

48% believe we are doing an excellent job; 39% rate us as good, and 13% believe we have performed poorly.
66% believe that our current mix of emails and in-person meetings is appropriate; 21% want meetings to be live-streamed or via zoom.
82% have used our website.

A full summary—including member demographics—is on our website. (Please click here)

Outside Speakers. We were pleased to host Bluffton Mayor Lisa Sulka on November 9^th at the Lodge which was attended by 40-50 residents. Mayor Sulka addressed a broad range of questions from property owners. Town Council member Dan Wood joined us as well. Our goal is to bring in an interesting speaker (e.g., local official, elected representative, or administrator) once a quarter.

Going forward, we plan to continue to bring in speakers on matters of relevance to both new and longstanding Palmetto Bluff residents, including both “heritage” and environment/naturalist subjects that we think will be of broad interest. We would welcome any suggestions.

Remote access/livestreaming. Please note that many of you have asked that we provide remote access to our meetings and events. We hear you! Unfortunately, we have been unsuccessful so far on finding a workable, reliable, and affordable solution. We would appreciate someone one volunteering to take this one on.

Upcoming FAQs. We are working on two important FAQs. First, we are drafting (and reviewing for accuracy) a FAQ that explains our homeowner association’s (Palmetto Bluff Preservation Trust) financials and provides an analysis of key trends and matters over the past 6 years where there are available audited financials.

Second, we are working on a FAQ regarding the PB Conservancy’s structure and financials, using IRS tax filings (Forms 990) as well conversations with their leadership. The Conservancy is a well-loved institution, but the structural and financial underpinnings are not well understood. We hope to shed more light on these matters, which we hope will serve to only strengthen this important organization over time.

Last quarter, with the help of Marty Strauss, we published a “Low Country Civics 101” FAQ succinctly explaining relevant elected and appointed governmental leaders, election mechanics, key issues, and such.

Sponsors. We want to give a shout out to our sponsors, who help us continue to be careful stewards of PBNA member funds. The generosity of our website sponsors enabled us to exempt existing members from paying dues in 2023. When utilizing their services and products, please acknowledge that you noticed their logo on our site and thank them for their support. It will help them, us, and you.

Click here to see our proud sponsors.

Feedback. We welcome and enjoy feedback. Please reach out to us at pbna2020@gmail.com.

PBNA Volunteers

Bob Morette, Arian Ellis, Helen Ryan, Ford Bartholow, Eric Sutherland, Richard Cedrone

Town of Bluffton Council Meeting | January 10 2023

Richard Cedrone — Fri, 13 Jan 2023 13:31:43 GMT

On Tuesday, January 10^th, South Street Partners (SSP) provided a general update to the Bluffton Town Council at a regular Town Council meeting. We thought you would be interested know what they said. Please note that their slides were not part of the normal pre-read, and we will make them available once we receive them from the Town Clerk.

Many of these points will likely be covered in the upcoming SSP Town Hall meeting on Tuesday.

Real Estate Activity. SSP’s remarks began with an update on real estate sales and development activities:

While strong, 2022 real estate activity was slightly lower (measured in dollar volume) than 2021, which was characterized as an “anomaly” driven by the pandemic.
2022 sales started falling off in the second half.
Completed homes have reached 902, as measured by issued Cos.
283 homes under construction.
168 in DRB.
Resale home inventory is <3 %.

2023 Plans. In 2023, there will be two releases in the Moreland Forest area. The first consists of 38 lots and another 81 lots in the second:

In addition, they plan to build 8 new Montage Branded Residences in the area across the road from the hotel.
Also, Palmetto Bluff Builders have five homes underway, with two already sold. More are planned.

Anson Marina. The marina build out is underway with all the floats installed and pilings driven. They need to finish additional portions (e.g., the pier head):

Given that there is no public or resident land access to Anson, there is no timeline for opening.
Construction timing was driven by the looming expiration of key permits (which had previously been extended a number of times).
A consultant has been retained to begin design of the Anson dry stack, which was recently authorized by the latest amendment to the Palmetto Bluff Development Agreement.

Road to Anson. The planned road to Anson is awaiting storm water review and permits, which SSP hopes to have by March 2023:

The road will be five miles long and will include an extension of the super trail and (we infer) underground utilities.
Road construction will take two years, so midyear 2025 timing is likely best case for completion.

This new Anson road should not be confused with the existing construction road to Anson, which now has overhead utility lines.

Golf Courses. The previously announced nine-hole golf course is projected to be finished by 4Q23

It is part of a 50-acre parcel, located in an area called Crossroads, adjacent to (or part of) Moreland Forest.
Will be accessible from the new extension of the inland water trail.
The required permit(s) is/are in hand, and the designer King Collins will be at PB starting February to begin work.

SSP confirmed that they have retained an architect for the new Anson 18-hole course but were not able to reveal the name of the architect to the Town Council.

Shooting Club. SSP reported on the new clubhouse as well as additions to the shooting venues. They are now a Berretta dealer.

Buffalo’s. The renovation of Buffalo’s has turned out to be a complete “down to the studs” rehab, costing $1m already. They are planning to reopen in February. As in the past, Buffalo’s will remain open to the public.

Montage Palmetto Bluff. Hotel occupancy fell in 2022 vs 2021 but revenue was higher:

Now in the 8^th year of the relationship with Montage.
In 2022, Montage hosted 85 weddings.

Save The Date: PBNA Sponsored Event, Wednesday, November 9, 2022, 5pm-6:30pm at the River Road Lodge

Richard Cedrone — Tue, 25 Oct 2022 20:17:20 GMT

Greetings Palmetto Bluff Neighborhood Association Members,

The Volunteers of the PBNA are thrilled that Bluffton Mayor Lisa Sulka has been kind enough to accept our invitation to visit us on PB. Mayor Sulka will give a talk on Bluffton and will also take questions from those present. What a terrific opportunity to learn more about our special Town and meet the Town’s Chief Executive.

Due to the limited space at the River Road Lodge, we are only sending this invitation to PBNA Members. We encourage you to invite any of your neighbors who may not be PBNA Members to join you in attending. Please plan on joining us in welcoming Mayor Sulka to the Bluff.

As we get closer to the event, we will provide additional details.

Lisa Sulka, Town of Bluffton Mayor | Bluffton, SC

This page includes information about Lisa Sulka, Town of Bluffton Mayor.

As always, please send any questions or comments our way. We enjoy hearing from you.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

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”.

No Renewal Dues For Existing PBNA Members in 2023

Richard Cedrone — Fri, 21 Oct 2022 14:04:41 GMT

Dear Palmetto Bluff Neighborhood Association Members,

The Volunteers of the PBNA are pleased to announce that current 2022 PBNA Members are exempt from any PBNA dues in 2023! This budget based decision is possible because together we have been extraordinary stewards of the Association’s resources. As always, the current budget is available on the PBNA website for your review. (Click Here) You have no action if you would like to remain a PBNA Member in 2023.

Some specifics on this stewardship. First, we designed and stood up our informational website early-on with the support of local businesses. In essence, we did not utilize any Member funds to stand up this first-class platform. This could have been a huge expense. We are grateful to our sponsors for their generosity. (Click here) Second, when we had minor expenses for meetings and gatherings, the Volunteers paid for these out of pocket. There are many other examples. We are proud of this accomplishment.

For new Members in 2023, we will be collecting a $125 fee. At the end of 2023, the Volunteers will once again conduct a budget based analysis to determine if any fees will be required for existing Members in 2024.

As always, please reach out to us with any comments or questions. The volunteers of the PBNA enjoy hearing from you.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Results of Today’s Town of Bluffton Negotiating Committee Meeting

Richard Cedrone — Tue, 04 Oct 2022 22:54:21 GMT

Dear Palmetto Bluff Neighborhood Association Members,

The third meeting of the Town of Bluffton’s Negotiating Committee (NC) took place this afternoon regarding the two proposed amendments to the Palmetto Bluff Development Agreement related to Anson. This was the first meeting since the May 12^th meeting; two intervening meetings had been scheduled and then cancelled.

The Mayor opened the meeting stating that today’s goal was to arrive at a recommendation that could be sent to the Town Council for an up or down vote. After a brief public comment period (where 3 PB residents spoke), the NC met in executive session by themselves for 30 minutes to get back up to speed on the various issues. Then, the NC met with the developers (Will Culp, Jordan Philips), along with their engineering consultants and other advisors, for an hour in a private meeting.

The NC then reconvened and unanimously approved a motion to be sent to the Town Council:

The proposed amendment to allow over water fueling was denied
The proposed amendment for a second dry stack at Anson was approved, subject to the following parameters
1. In-water slips will not exceed 170 (versus the 400 previously approved)
2. The dry stack is authorized for the balance of the slips, or 230 (400 less 170)
3. To incentivize more dry stack slips versus in water slips, the developer can add 2 dry stack slips for every one in water slips they forego
4. Dry stack slips cannot be switched for wet slips

We will post the formal version of this motion once it is published.

Next step: The Town Council will take up this recommendation. We will let you know when this meeting is scheduled as soon as we know. Please know that two of the five Town Council members are part of the Negotiating Committee. This recommendation will need a simple majority of the Town Council (e.g., 3 votes) to be approved.

As always, please reach out to us with any comments or questions. The volunteers of the PBNA enjoy hearing from you.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

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”.

EVENT POSTPONED : River Road Lodge 09-29-2022 4:00 pm to 6:00 pm

Richard Cedrone — Wed, 28 Sep 2022 15:04:24 GMT

Dear Friends,

Due to expected inclement weather on Thursday, the PBNA has postponed this event until a time and date to be determined.

Dear Palmetto Bluff Neighbors,

We hope that all of you are enjoying time with special friends and family this Summer.

We are excited to announce that Courtney Hampson, CEO of Bluffton Self Help and Jim Wentworth of the Boys & Girls Club have agreed to come talk with us about their incredible organizations. We are guessing that many of you are familiar with both organizations but for those that are not, here’s a quick summary. A detailed description is at the URLs following the brief summaries.

Bluffton Self Help For more than 35 years, Bluffton Self Help has been providing basic needs and financial support to our community. And though their roots are in serving the generationally impoverished, their future is in supporting our families who are economically at-risk. With expanding services that include educational programming and leadership, they serve as advocates for those in need throughout our local community and beyond. With direct access to necessary resources, a deep understanding of our community needs, and significant relationships to create change, they provide those in need with a pathway toward self-sufficiency.

URL: https://blufftonselfhelp.org

Boys & Girls Club The mission of the Boys&Girls Club is to enable all young people, especially those with the most need, to reach their full potential as productive, caring, responsive citizens.

URL: https://www.bgcbluffton.org/

We are hopeful that you can join us for this special session as we continue to highlight the many wonderful resources available in our broader Bluffton community.

As always, please reach out to us with any comments or questions. The volunteers of the PBNA enjoy hearing from you.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

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”.

Call for the 2023 Slate of PBNA Volunteers to Serve as Board Members

Richard Cedrone — Mon, 26 Sep 2022 13:35:48 GMT

Dear Palmetto Bluff Neighborhood Association Member,

We hope that this note finds you embracing Fall with the expectation of the holidays being right around the corner.

When we restarted the PBNA about a year ago, we asked for and received a group of interested volunteers to lead the renaissance of our community group. In that time, 356 Members in 199 households have stepped up to join the organization. In addition, we have established a professional one-stop informational website, and have endeavored to keep our Membership informed of the myriad aspects of this beautiful place and the larger Bluffton/Beaufort County through tailored communications, FAQs, and open meetings with community leaders. In the end, we hope to leave the Bluff a better place than we found it. Much work remains to be accomplished.

To restart the Association, we followed the PBNA’s by-laws (available on the PBNA website) to assemble the current group of volunteer leaders who agreed to serve through the end of 2022. With that in mind, and in accordance with the PBNA by-laws, we are now at a point where we are soliciting new volunteers to serve as Directors beginning January 1, 2023. The new group of board volunteers will be formally voted on by the full Membership. We need your help.

Please consider serving as a volunteer on the PBNA Board of Directors. All that is required is to be a PBNA Member and a willingness to serve your neighbors in order to leave this special place better than you found it. With respect to PBNA Membership, current PBNA Members will be grandfathered through 2023 without additional dues.

Please reply by October 15, 2022 if you are interested. Doesn’t matter if you are full or part-time residents. Most of our internal leadership meetings are conducted on Zoom. Doesn’t matter if your retired or working full time, we currently have both types of volunteers represented.

From the expressed interest, we will form a slate of volunteers by November 15th. Plenty of time to sit the new Volunteer Board by January 2023.

As always, please continue to reach out with any comments or questions that you may have, especially as it pertains to volunteering for 2023. We will be happy to answer your questions about the commitment, and are willing to meet personally with you as well if it will help. We enjoy hearing from you.

Warm regards,

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

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”.

Judge Makes First Ruling in the PB Litigation Case

Richard Cedrone — Fri, 23 Sep 2022 12:55:18 GMT

Dear Palmetto Bluff Neighbors,

We know that many of you are following the ongoing litigation involving Palmetto Bluff. In case you missed it, the link below is a news article on the first significant ruling by the judge in the case. The PBNA has written extensively on this in order to keep our Membership informed. You can find significant background concerning the litigation on the PBNA website in the FAQ portion of the Member section.

Judge denies Palmetto Bluff’s motion to dismiss lawsuit filed against it by private homeowners

As always, please send any questions or comments our way. We enjoy hearing from you.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

PBNA Newsletter | August 2022

Richard Cedrone — Wed, 24 Aug 2022 18:23:53 GMT

Dear PBNA Members,

This is our second PBNA member newsletter. As we have mentioned before, these newsletters will not replace subject specific emails on important topics that seem to arise with some regularity. We will strive to publish these newsletters quarterly, with the intent to provide an update on various matters of concern to our community that fit within our mission.

Proposed Amendments to the Development Agreement regarding a second dry stack and overwater fueling at Anson. We communicate regularly with our Town Manager, Stephen Steese, and others who are familiar with the activities. In sum, there is little news. There was a meeting of the Negotiating Committee scheduled on August 11^th but this was cancelled at the request of South Street Partners. Our Town Manager also conveyed that he cannot provide an estimate as to when the next meeting will be held.

Background: As you may recall, the Bluffton Town Council referred the question to the Negotiating Committee on November 9, 2021 and the Negotiating Committee met on January 6, 2022 for two hours. At that meeting, the Committee Chair instructed SSP to conduct a community meeting with PB property owners, which SSP held on February 17, 2022.

Litigation. As we reported in our April 17^th FAQ, a group of Palmetto Bluff property owners initiated a lawsuit, filed on April 12, 2022, against the PB developer (and related entities and individuals). In July, a number of motions were filed by the Plaintiffs, including one for Partial Summary Judgement and another that seeks to disqualify Nexsen Pruet (long time counsel for PB’s many owners) from representing SSP (and related entities). SSP (and related entities) have filed various motions in response. If you would like to read more, the filings are public on the Beaufort County Clerk of the Court website.

Club facility access by Short Term Renters. Effective April 8, 2022, SSP changed the policies related to access to private Club restaurants, pools and fitness rooms by non-member occupants of short-term rental properties. The new “rules” remove access to the member facilities by people who are on property via an independently operated short-term rental home. However, many people have told us that they are still seeing short term renters in member facilities. Our understanding is that SSP/Club management is allowing renters who made reservations prior to the April 8^th change to still use the member facilities because the facilities were offered to them at the time of their vacation rental booking. So, the new rules apply only to people who reserved homes after April 8^th.

Club facility access by Montage Hotel guests. The access agreement between the developer and Montage recently expired. The two parties are currently negotiating a new access agreement. Club management told us they aim to have an annual cap on Hotel use of Village Green (a major pain-point currently). Hotel guest are already restricted from using Club pools, restaurants and fitness centers. The Club did make a temporary exception to this by providing some access to Coles because Buffalo’s is closed.

Sora Wellness. Many of you are asking about this project as the building site has been inactive for over a month (and is a significant eyesore…). In our most recent conversation with Sora’s developer, they stated that their intentions have not changed but have run into issues that are delaying further progress.

Outside Speakers. Recently we held two events at the Lodge, each attended by 40 to 50 residents. In June, we hosted Kate Schaefer from the Open Land Trust (openlandtrust.org) and Jesse White from the Coastal Conservation League (coastalconservationleague.org). They explained the roles and missions of their organizations and answered many member questions relating to environmental and preservation topics in the Low Country generally as well as Palmetto Bluff specifically.

With the assistance of Marty and Martha Strauss, in early August we hosted Beaufort County Sherriff P. J. Tanner and Town of Bluffton Police Chief Stephanie Price. They explained their roles and scopes of their two organizations and responded to many questions about challenges and issues affecting our county and town.

Upcoming Speakers. On September 29, we have Jim Wentworth, CEO of the Boys and Girls Clubs of the Lowcountry, and Courtney Hampson, Executive Director of Bluffton Self Help, speaking to the Palmetto Bluff community. While many PB residents are already strong supporters of these two important local service organizations, we want to make sure as many people as possible know about their great work. Please note that the meeting was rescheduled from September 22.

We are planning to bring additional local government leaders to Palmetto Bluff, ideally with a quarterly cadence. Please let us know if there are other people or organizations that you would like to speak to our community.

Also, please note that many of you have asked that we provide remote access (e.g., livestreaming) of our meetings and events. We are still working on finding a workable and affordable solution and hope to have an answer soon.

Future FAQs. We plan to post a FAQs on financial reserves, generally, and specifically regarding the PB Preservation Trust. In addition, we are working on another FAQ regarding the PB Conservancy. With Marty Strauss’ help, we plan to publish a “Low Country Civics 101” FAQ succinctly explaining relevant elected and appointed governmental leaders, election mechanics, key issues and such.

FAQ Zoom Meetings. We plan to pilot 45-minute zoom calls to explain selected FAQs, including time for member Q&A. These will be scheduled and announced shortly. The first two will address PB entity structure and member rights under the governing documents. If these zooms prove useful, we will schedule additional zoom meetings.

2023 PBNA Volunteer Board and Member Survey. As many of you know, the current group of volunteer board members agreed to serve for one year, and we will soon begin the process of forming the 2023 leadership team in accordance with our by-laws (posted on the PBNA website). In a couple weeks, we will reach out to the members to solicit interest and ideas. We also plan to field a short Member survey to help us better understand your priorities and interests; this input will help us shape the new volunteer leadership team as well as establish 2023 priorities. In the meantime, please do not hesitate to contact any of us.

Feedback. We welcome and enjoy feedback. Please reach out to us at pbna2020@gmail.com.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

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”.

CHANGE TO Save The Date: River Road Lodge NOW 09-29-2022 4:00 pm to 6:00 pm

Richard Cedrone — Mon, 22 Aug 2022 16:26:49 GMT

Dear Friends,

When we scheduled this session on September 22, 2022, we were unaware that the Women of Palmetto Bluff had an event planned that would overlap with our session on the 22nd. All of us admire the work that the WOPB do and therefore we have moved our presentations to September 29th at the Lodge from 4PM-6PM. We hope that many of you will join us. Many thanks to our two outstanding guests who were flexible and agreed to be available on the 29th.

Dear Palmetto Bluff Neighbors,

We hope that all of you are enjoying time with special friends and family this Summer.

URL: https://blufftonselfhelp.org

Boys & Girls Club The mission of the Boys&Girls Club is to enable all young people, especially those with the most need, to reach their full potential as productive, caring, responsive citizens.

URL: https://www.bgcbluffton.org/

We are hopeful that you can join us for this special session as we continue to highlight the many wonderful resources available in our broader Bluffton community.

As always, please reach out to us with any comments or questions. The volunteers of the PBNA enjoy hearing from you.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

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”.

Save The Date: PBNA Sponsored Event, August 4, 2022, 6:30-8PM at the River Road Lodge

Richard Cedrone — Fri, 01 Jul 2022 13:36:32 GMT

Dear Palmetto Bluff Neighbors,

We hope this note finds you happy, healthy, and prosperous as Summer arrives in full force on the Bluff.

The PBNA is excited to announce that Beaufort County Sheriff P.J. Tanner (Click here for Bio) and Town of Bluffton Police Chief Stephenie Price (Click here for Bio) have agreed to come and speak to our Residents on August 4, 2022, from 6:30-8PM at the River Road Lodge.

The PBNA is extending an invitation for this event to all residents of PB regardless of affiliation with the PBNA.

Following an introduction by our own Director of Security, Charles Huggins, Sheriff Tanner and Chief Price will each speak and take questions from residents.

We hope that you will plan to join us at the River Road Lodge to learn more about these two positive forces in our community.

As always, please send any questions or comments our way. We enjoy hearing from you.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Reminder: PBNA Meeting- June 3, 3-5 PM at the Lodge

Richard Cedrone — Fri, 27 May 2022 13:19:33 GMT

Dear Palmetto Bluff Neighborhood Association Member,

We are excited to announce that Kate Schaefer from the Open Land Trust (openlandtrust.org), and Jesse White from the Coastal Conservation League (coastalconservationleague.org) have agreed to come and speak to our Membership on June 3, 2022. Both biographies and organizational information are available at the perspective websites.

Our guests will describe their organizations, objectives, and how PBNA Members can get involved. A question and answer session will follow the presentations.

We hope that you will plan to join us at the River Road Lodge to learn more about these two positive forces in our community.

As always, please send any questions or comments our way. We enjoy hearing from you.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Save The Date: PBNA Meeting- June 3, 3-5 PM at the Lodge

Richard Cedrone — Tue, 10 May 2022 09:57:42 GMT

Dear Palmetto Bluff Neighborhood Association Member,

We hope this note finds you happy, healthy, and prosperous as Spring arrives in full force on the Bluff.

Our guests will describe their organizations, objectives, and how PBNA Members can get involved. A question and answer session will follow the presentations.

We hope that you will plan to join us at the River Road Lodge to learn more about these two positive forces in our community.

Unrelated, we have posted a new FAQ on the PBNA Website in the Member Area concerning the financial reserves of the Preservation Trust. Please take a look at this important issue.

As always, please send any questions or comments our way. We enjoy hearing from you.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

PBNA News | Bluffton Town Meeting

Richard Cedrone — Wed, 04 May 2022 09:56:48 GMT

Dear Palmetto Bluff Neighborhood Association Member,

We recently sent you a Communication relaying that the Town of Bluffton’s Negotiating Committee will meet on May 17, 2022 at 2pm to consider the SSP proposed amendments to the Development Agreement regarding a second dry stack and overwater fueling at Anson. The updated FAQ on this subject is available on the PBNA website

We wanted to pass on the names and email addresses of the the Negotiating Committee obtained from the Town for those of you who may not be able to attend but would like to voice your support or displeasure with the proposed amendments.

Lisa Sulka	Chair - Mayor	lsulka@townofbluffton.com
Fred Hamilton	Affordable Housing Committee Chair	fhamilton@townofbluffton.com
Alice G. Howard	Beaufort County Council Chair or Designee (Designee)	ahoward@bcgov.net
Berl Davis	DRCI Chair or Designee	bdavis@palmetto.coop
Amanda Denmark	Planning Commission Chair or Designee	amanda@pscottarch.com
Ashley Feaster	Bluffton Citizen	ashleynfeaster@gmail.com
Carol Pringle	Bluffton Citizen	raycarolpringle@yahoo.com

As always, we enjoy hearing from you. Please send comments and questions our way.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Noise Ordinance

Richard Cedrone — Fri, 29 Apr 2022 09:55:47 GMT

Dear Palmetto Bluff Neighborhood Association Member,

We hope that this note finds you happy and well, whether you are in Palmetto Bluff enjoying the beautiful April weather or elsewhere.

Several members have contacted us about the issue of noise from weddings and other events organized by the Montage Hotel in community spaces such as Wilson Village and Moreland Landing. Recently a large wedding was even held at Longfield Stables, causing disruptions to our neighbors who board their horses there.

The Bluffton Town Noise Ordinance appears to restrict noise to a maximum of 50 decibels and states that the noise cannot be heard beyond 250 feet. Some of our neighbors believe that this is being exceeded. One of our Members has contacted Mayor Lisa Sulka and The Town Council along with The Police Chief.

Some of our Members have been told by the Bluffton Police Department that weddings are protected from the Town Noise Ordinance as PB is a Private Club. Some residents argue that these weddings are ‘for profit’ events organized by the Montage Hotel and should be regulated by the existing Town Ordinance.

One of our Members, Jimeale Hede, is organizing a petition

to attempt to correct this issue at the Town Council level. If you would like to support Jimeale’s efforts, we recommend that you contact Jimeale Hede at JJHEDE@icloud.com / 917-363-6688 to learn more before deciding to sign the petition. The Hede family is taking this action after contacting South Street Partners without reply.

(Click here) to review the petition online.

As always, we enjoy hearing from you.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

New Information- Town of Bluffton Negotiating Committee

Richard Cedrone — Fri, 29 Apr 2022 09:55:01 GMT

Dear Palmetto Bluff Neighborhood Association Member,

We have an update from the Town of Bluffton on the earlier information (below) that we provided concerning the proposed amendments to the Development Agreement regarding a second dry stack and overwater fueling at Anson. The Town has informed us that the Negotiating Committee will next meet on May 17, 2022, at 2pm to consider the SSP request. The meeting will be held at the Town Hall, at 20 Bridge Street in Bluffton. The public is invited to attend and normally is allowed to contribute during the public comment portion of the meeting. In addition, you can email comments to Committee members.

Generally, materials prepared by Town Staff and the applicant (in this case, SSP) are provided to the Committee before the meeting. These materials are public, and can be accessed via the Town’s website, (Click here). As of today, no materials are posted.

To remind, the seven-member Negotiating Committee is tasked with assisting Town Council by coordinating and negotiating on behalf of the Town with applicants, property owners, and their representatives to define proposals, terms, and commitments related to Annexation petitions, Development Agreements and any subsequent modifications per the Resolution adopted on July 20, 2010, establishing the Committee.

Proposed Amendments to the Development Agreement regarding a second dry stack and overwater fueling at Anson. Our most recent information from the Bluffton Town Manager is that SSP initiated further discussions with Town staff in mid-March but has yet to request a second formal meeting of the Negotiating Committee. As you may recall, the Bluffton Town Council referred the question to the Negotiating Committee on November 9, 2021 and the Negotiating Committee met on January 6, 2022 for two hours. At that meeting, the Committee Chair instructed SSP to conduct a community meeting with PB property owners, which SSP held on February 17, 2022.

Please reach out to us with any questions or comments.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

PBNA Newsletter | May 2022

Richard Cedrone — Thu, 28 Apr 2022 09:54:09 GMT

Dear PBNA Members,

Many of you have suggested we publish a regular, periodic update or newsletter, and this is our first. The format and timing will likely evolve but for now we commit to updating members every other month. Of course, these newsletters will not replace subject specific emails on important topics that seem to arise with some regularity.

Litigation. As we reported in our April 17^th FAQ, a group of Palmetto Bluff property owners initiated a lawsuit, filed on April 12, 2022, against the PB developer (and related entities and individuals). Please know that this litigation may take two to four years to resolve, and we have no news to report now. Based upon our research, no further legal steps have been taken beyond what we reported to you earlier.

Ambassador Program. We are happy to report that we have received enthusiastic responses and support for this program. Rick Cedrone, John Boneparth, Rob and Shari Darling are working to activate this program to welcome new property owners and residents. They will be planning training for those who have volunteered to be Ambassadors. Thanks to all of you.

Unaccompanied Guest Policy. While we have received many comments (both pro and con) about this new policy, we have also received requests for clarifications. Unfortunately, we know no more than you, and we continue to recommend that you contact PB management, Rob Duckett (rduckett@southstreetpartners.com), with your questions and concerns.

Next live PBNA member meeting. We are lining up representatives from the SC Coastal Conservation League and the Open Land Trust (formerly known as the Beaufort Open Land Trust) to discuss their activities and programs to keep our corner of South Carolina a special place. We will announce a date, time and place shortly.

FAQ Zoom Meetings. We will pilot 45-minute zoom calls to explain selected FAQs, including time for member Q&A. These will be scheduled and announced shortly. The first two will address PB entity structure and member rights under the governing documents. If these zooms prove useful, we will schedule additional zoom meetings.

PBNA Financials. Our 1Q2022 financials are now posted on our website, pbnabluffton.com.

Feedback. We welcome and enjoy feedback. Please reach out to us at pbna2020@gmail.com.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Ambassador Program

Richard Cedrone — Wed, 20 Apr 2022 09:53:11 GMT

Dear Palmetto Bluff Neighborhood Association Member,

Your PBNA is interested in increasing support to our PB community. To this end, we have been working on developing a program to help fill a critical void in our community with respect to being a resource to the existing and ever-increasing number of new residents that are arriving daily. This initiative is not meant to replace anything that anyone is doing currently to embrace and assist our new neighbors. Instead, we hope that we can augment what others are doing.

Please see the proposed information paper on where we would like to go with this. (Click here) In short, we would like to be able to identify new residents, pair them up with an ‘Ambassador’, and make newcomer’s transitions easier -- a true ‘neighbor to neighbor’ program. We would also place the resources that we have developed on the PBNA website for all to use. Recommended service providers will be sourced from PBNA members -- everything from DMV info to pet care, to where to get your hair and nails done.

Our special thanks to PBNA Members, John Boneparth, and Rob & Shari Darling, John came forward with this idea and the others quickly rolled up their sleeves by joining him and other PBNA volunteers to flesh the idea out. John had seen a similar program work at a previous community and being new here, believed that it was missing at PB.

We approached and attempted to collaborate with Gray Ferguson several times to ensure that PB management’s perspectives were considered. In the end, while Gray understood the need for such an initiative and thought that program outline was ‘outstanding,’ he did not support partnering with the PBNA on this endeavor. Regardless, we want to press on and assist as many of our neighbors as possible through this ‘neighbor to neighbor’ approach.

We need your help. Please review the outline and consider if you would be available to be an Ambassador for your neighborhood. We will provide very helpful handouts and training. The more Ambassadors that we can identify, the more coverage we can extend to our neighbors. Given the lack of PB management support, we will also need your assistance in identifying new residents so that we can reach out as soon as possible. Once we have a quorum of Volunteers, we will convene a training session on property.

As always, please continue to communicate with any comments or questions that you may have. We enjoy hearing from you.

Warm regards,

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

FAQ: Help me understand the legal action that is being taken against the owners of Palmetto Bluff

Richard Cedrone — Tue, 19 Apr 2022 09:51:56 GMT

On April 12, 2022, a group of Palmetto Bluff property owners initiated a legal action in the County of Beaufort’s Court of Common Pleas, which is the relevant court for a real estate dispute concerning Palmetto Bluff. The filing is essentially a “Complaint,” and asks that the Defendants respond to the arguments in the Complaint. For those who have had trouble accessing the document, here is a PDF copy of the Complaint {Click Here}

To best understand this FAQ and the substance of the legal action, we suggest you first read (or re-read) three other PBNA FAQs found on the PBNA Website to familiarize yourself with the basics:

What is the longstanding controversy around the rental properties, and when will this be settled?
Can you explain in plain English the various entities that make up Palmetto Bluff?
I was given a lot of documents when I bought my property, but I never read them. I also understand there are other important governing documents. What do I need to know about these?

This legal action was initiated by a group of approximately 20 Palmetto Bluff property owners (some are individuals, others are couples, trusts, or LLCs)—collectively known as the plaintiffs—against several Palmetto Bluff entities as well as individuals who are Stewards of the PB Preservation Trust’s governing board:

Defendant entities include PB Development, PB Club, PBLH (hotel owner), PB Real Estate, PB Preservation Trust, PB Preservation Trust Board of Stewards, SSP, along with a placeholder for additional entities as may be identified as the legal action proceeds
Defendant individuals, all members of the PB Preservation Trust’s governing board, include Jordan Phillips, Mark Polities, Gray Ferguson, and Henry Armistead

The 83-page Complaint is broad and comprehensive. The Complaint:

Is not limited to the Short-Term Rental (SRT) issues; rather
Argues that the underlying PB governing documents are illegal under SC law
Argues that the owners have operated inappropriately and have failed to meet their fiduciary obligations and duty of care

This legal action could have broad implications for all PB property owners. While it is impossible to predict what will happen, here are some things to keep in mind:

The expected litigation is likely to take two to four years
All filings and court proceedings are public documents, and are likely to attract attention from the press, the real estate broker community, and other interested parties
The litigation may create a cloud of uncertainty, which some property owners believe could hamper the marketability and value of PB homes and lots
If certain of PB’s governing documents are declared illegal, it is unclear how new documents would be drafted and approved

To keep this FAQ brief (and timely), we will post additional FAQs as relevant information becomes available.

One more thing: As this FAQ describes the circumstances around a legal matter, a disclaimer is in order. Please know PBNA is simply an observer and is not party to the action and has no access to any material non-public information. Should any of our kind readers choose to join this legal action, you cannot and should not rely on any information from the PBNA.

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Palmetto Bluff Litigation

Richard Cedrone — Sun, 17 Apr 2022 14:36:36 GMT

Dear Palmetto Bluff Neighborhood Association Member,

Some of you may have heard about a complaint involving Palmetto Bluff filed on April 12, 2022 in Beaufort County Court against several defendants including South Street Partners by officials representing some short-term rental owners. At this link is the publicly available document from the Beaufort County Court House that lays out the complaint. ( PDF Here)

We are preparing a summary and FAQ, which we hope to distribute to you in the next couple of days.

In the meantime, we merely wanted you to have the document to read and interpret on your own. For a listing of the defendants and plaintiffs (Click here).

As always, we enjoy hearing from you. Please send any comments or questions our way.

Warmly,

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

New South Street Partners’ ‘Houseguest Policy’

Richard Cedrone — Sun, 03 Apr 2022 09:50:06 GMT

Dear Palmetto Bluff Neighborhood Association Member,

Recently, SSP distributed a new ‘Houseguest Policy’. (Click here to read).

Several PBNA Members have written to ask what we think it means. Others have written with summaries that are dissimilar from their neighbor’s interpretation of the same policy. The truth is that many folks found it confusing.

We have been suggesting that Members who have questions or concerns contact Rob Duckett directly (rduckett@southstreetpartners.com). We believe that this will accomplish two things. First, you should be able to get correct answers to your questions from the source, and second, it may serve as a reminder that SSP agreed to hold meetings with residents, when they had ‘important information to disseminate’. From the responses we have seen to this policy, we believe that this issue has reached the threshold for being both important, and complicated enough for a short meeting with residents.

As always, we enjoy hearing from you. Please send any comments or questions our way.

Warmly,

PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

New Fees for Landscapers and Builders Utilizing the PB Dump—Costs That Will Be Passed On To You

Richard Cedrone — Sat, 02 Apr 2022 09:48:52 GMT

Dear Palmetto Bluff Neighborhood Association Member,

Some Members have corresponded with us about their concern that they have been notified by their landscapers that they will be charged significantly more each month due to a recent South Street Partners’ change to the way landscapers are allowed to dump earthen trash materials at the PB dump.

We thought that we would look into this and report out our findings.

Previously, all builders, landscapers, and residents could utilize the 80 acre PB dump for free. That meant that they could take the trimmings from our yards to the dump and deposit them there without fees.

Recently, SSP sent all builders and landscapers a letter. (Click here to read) The letter describes a scheme whereby SSP has entered into an agreement with Cleland Site Prep to manage the 80 acre site and collect fees for what was previously a free service to landscapers, builders, and residents. For instance, now landscapers and residents will be charged $80 per load of landscaping debris. In essence, SSP has monetized this site as a ‘for profit’ business and those costs are being passed on by the landscapers to residents. Hence the reason that you may be seeing your landscaping monthly bill increasing.

Lastly, for those of you who have not yet built your home here, you should expect that this change will significantly increase the cost of site preparation work.

As always, the volunteers enjoy hearing from you. Please send any questions or comments our way.

Best wishes,

Palmetto Bluff PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

South Street Partners’ Informational Meeting February 17, 2022

Richard Cedrone — Fri, 11 Feb 2022 19:13:41 GMT

Dear Palmetto Bluff Neighborhood Association Member,

We hope that this note finds all of you happy and healthy and successfully working through any Winter issues that Mother Nature is throwing at you.

Like many of you, we are happy that South Street Partners will conduct an informational session on February 17th. We are especially grateful to our Bluffton Town Mayor, Lisa Sulka who insisted that this be done prior to the Town further considering South Street Partner’s request for significant changes to the planned marina at Anson.

Related, some of our Members have asked, ‘what type of questions should residents ask at this meeting’? In response to those queries, the PBNA volunteers have compiled some questions that we believe would be good for any of us to ask. (Download here) Our sample list is also on the PBNA website (pbnabluffton.com), in the Member FAQ Area. These are certainly not the only questions that residents might wish to ask. We are guessing that many of you have even better things that you would like to know more about in order to keep this incredible place special for generations to come. Feel free to share them with us and we will update the website.

We hope that South Street Partners will make these sessions more routine and predictable as past developers have done. We will certainly urge them to do so.

Additionally, several of you have asked about a rumor that South Street Partners may be planning to sell approximately 1000 lots in a bulk sale to a third party. We have added a FAQ on the Member FAQ Area that addresses this.

The volunteers of the PBNA continue to be heartened and grateful at the pace at which the Association is growing. The volunteers are very aware that our growth is due to Members who see value in what we are attempting to do and have recommended membership to friends and neighbors.

As always, the volunteers enjoy hearing from you. Please send any questions or comments our way.

Best wishes,

Palmetto Bluff PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Talking Points and Agenda from the Jan 30th All Resident PBNA Meeting

Richard Cedrone — Mon, 31 Jan 2022 20:44:18 GMT

Thank you to all of you who were able to attend yesterday’s PBNA meeting. The volunteers of the PBNA were encouraged by the turnout.

We also know that for a myriad of reasons, many residents were not able to attend. In the spirit of openness and transparency, please find the attached speaking notes that were utilized by the volunteers for this meeting. We hope that they are helpful. Down the talking points here.

The volunteers were encouraged by the overriding passion and enthusiasm for this beautiful place exhibited by those who attended. We know that it extends to all residents of Palmetto Bluff.

We continue to encourage all of our neighbors to visit the PBNA website for the newest information on topics that affect this incredible place that we call, ‘home’, (pbnabluffton.com).

As always, the Volunteers of the PBNA enjoy hearing from you. Please send any questions or comments our way.

Warm Regards,

Palmetto Bluff PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

*Please check out our new website at: pbnabluffton.com

Reminder and Agenda | Jan 30, 2022 Meeting

Richard Cedrone — Wed, 26 Jan 2022 16:49:22 GMT

As 2022 begins in earnest, we hope that this note finds all of our neighbors healthy, happy, and prosperous.

The PBNA and its Members have been very busy since the New Year. We have introduced a new website pbnabluffton.com, hosted Town officials on the Bluff concerning key issues that affect us all, and have been working hard to inform our Members by crafting Frequently Asked Questions (FAQs) that cover a broad range of fundamental issues and rights of property owners. The response from the community has been heartening as residents see real value in having a group of volunteers working to provide key information in an independent fashion.

In our December 2, 2021 communication, we asked that all residents mark their calendars for an open meeting of the PBNA at the Lodge at River Road on Sunday, January 30th beginning at 4:30PM. This note serves as a reminder of this meeting and provides an agenda for conducting it.

1. Open and Welcome

2. State of the Association

3. Discussion of the Anson Proposals

4. Review of PB Resident’s Rights

5. Wrap Up and call for Volunteers

We also hope to answer any questions that you may have concerning the ongoing work and direction of the PBNA.

Please plan on joining your neighbors at this meeting as we continue to discuss our mutual interest in sustaining and improving this beautiful place that we call ‘home’. Our volunteer organization is not yet at a point where we can live stream meetings. We have explored numerous possibilities and are working to fill this critical void.

As always, the Volunteers of the PBNA enjoy hearing from you. Please send any questions or comments our way.

Warm Regards,

Palmetto Bluff PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Please check out our new website at: pbnabluffton.com

Special Meeting of PBNA Members | Summary and New Additions to the PBNA Website

Richard Cedrone — Mon, 17 Jan 2022 20:00:58 GMT

Thank you to all that were able to join us last Thursday as we hosted Councilmen, Fred Hamilton, and Larry Toomer. The volunteers of the PBNA are grateful that these two Town leaders took the time to be with us on the Bluff and also appreciate the Members that attended and let their voices be heard.

Many aspects of the proposed Anson Marina were discussed with our guests. For their part, both gentlemen expressed their unwavering commitment to the safeguarding and responsible development of the land and water that makes Palmetto Bluff and Bluffton the special place that it is. Moreover, they reiterated that they expected South Street Partners (SSP) to meet with all residents of PB to explain their plans for the Marina and the changes that they have requested. They made a special point to urge all of us to provide comments concerning these plans to SSP when the details are provided. Importantly, they also stressed the importance of all of us contacting Town officials to provide our views on the proposed changes once we have an adequate understanding of the issues.

Related, we have posted on the PBNA website the Frequently Asked Questions (FAQ) document on the Anson issue developed by our volunteers in hopes that you will have a better understanding of the new requests by SSP.

Please also check the PBNA website for five additional FAQs developed by the PBNA volunteers to better inform you on a myriad of topics. These subjects include your rights as residents of PB, an explanation of the different entities that make up PB, an explanation of documents you were provided when you purchased property here, some information on South Street Partners, and a FAQ that looks at some potential concerns as we go forward. You will find these new FAQs in the Member Area of the website. We hope that they are helpful and appreciate any feedback you might have.

Lastly, in our effort to achieve seamless transparency, we have also placed the latest PBNA financials on the website.

As always, the Volunteers of the PBNA enjoy hearing from you. Please send any questions or comments our way.

Warm Regards,

Palmetto Bluff PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Special Meeting of PBNA Members| Reminder and Agenda

Richard Cedrone — Mon, 10 Jan 2022 17:34:34 GMT

Thank you for all of the notes of encouragement many of you have sent recently. The Volunteers of the PBNA are grateful when you reach out and your passion for this beautiful place energizes us to work harder to better inform all of you on the issues and happenings that affect all of us here.

Attached is the message that we sent to all of you concerning the Special Meeting of the PBNA Membership to be held this Thursday, January 13th, at 3PM at the Lodge. Kindly refer to it for information on our guests. We are excited that Town of Bluffton Mayor Pro-Tempore Fred Hamilton and Council Member Larry Toomer will be taking time to visit with our Membership. We have also attached a Frequently Asked Questions (FAQ) document developed by our volunteers in hopes of better informing you on the Anson issue.

We do regret that our volunteer organization does not yet have the capability to stream this meeting. We know and understand that we have Members that are not on the Bluff and some who understandably do not feel comfortable coming to an in-person meeting. We are working on it. Moreover, we know that our Membership will not fit easily in the Lodge but we did explore many other larger venues and some like the Montage were extremely cost prohibitive.

For those of you that will be in attendance, we intend to follow this agenda:

3:00: Call To Order and Rules for the Conduct of the Meeting: Bob Morette
3:10: Introduction of our Guests: Harry Haslam
3:15: Opening Comments by Both of Our Guests
3:30: Question and Answer Period

As always, the Volunteers of the PBNA enjoy hearing from you. Please send any questions or comments our way.

Warm Regards,

Palmetto Bluff PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Town of Bluffton Negotiating Committee meeting | Video Link

Richard Cedrone — Fri, 07 Jan 2022 19:18:58 GMT

Below is the link to yesterday’s Town of Bluffton Negotiating Committee. All of it is interesting but the back and forth and Public Comments that begin at approximately 1:15 is definitely worth a listen.

Negotiating Committee Meeting Thursday, January 06, 2022 at 10:00 AM

As always, the volunteers of the PBNA enjoy hearing from you. Should you have any questions, please do not hesitate to contact us.

Warmest regards,

Palmetto Bluff PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Town of Bluffton Negotiating Committee meeting | Quick Update

Richard Cedrone — Thu, 06 Jan 2022 20:05:15 GMT

Two quick updates.

1. This morning, most of your PBNA volunteer leadership attended the Town of Bluffton Negotiating Committee meeting regarding the significant changes to the Anson Marina requested by South Street Partners. Several presentations were provided by the Town and Developer and a myriad of questions were asked of the Developer. Residents of PB and Bluffton spoke during the public comment portion of the meeting. No one spoke in favor of the request during the period of public comment. In the end, Mayor Sulka determined that nothing more would be done on this issue until SSP holds a Town Hall with residents as the PBNA requested. Much more to follow on this.

2. We have launched the new PBNA web site. We hope that you find it helpful. The volunteers would enjoy hearing your feedback on the website. Kindly let us know if you have any issues accessing the site.

As always, the volunteers of the PBNA enjoy hearing from you. Should you have any questions, please do not hesitate to contact us.

Warmest regards,

Palmetto Bluff PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

South Street Partners | Town Hall Meeting Request

Richard Cedrone — Wed, 05 Jan 2022 10:01:19 GMT

Mr. Patrick Melton

South Street Partners

Happy New Year Patrick!

We hope that you, your associates, and families have had a terrific holiday period and that the New Year is one of health, happiness, and prosperity for all of you.

Today we are writing you to respectfully request that South Street Partners conduct a Town Hall Meeting with all property owners of Palmetto Bluff and address both the recent changes to the Palmetto Bluff Club and the changes you have requested of our elected officials to the proposed marina at Anson. The previous developer held quarterly Town Halls that were scheduled a full year out.

We are aware that you have sent a letter to club members concerning the changes to the Club but none of us believe that this one way communication is adequate on this subject. We would all appreciate understanding your rationale for these changes and how you see these changes enhancing the Member experience.

With respect to the proposed changes to the Anson Marina, you have been silent as it relates to the property owners here. At a meeting of the Bluffton Town Council on November 9, 2021, Mr. Will Culp incorrectly informed our elected officials that you had conducted a Town Hall meeting on these specific requested changes. We have corrected the record with the Mayor and the Council and hope that you will come and address this issue with all of the property owners. The Town Council has been clear that they require that South Street Partners ‘conduct a community meeting to present the proposal and receive feedback from owners and residents’ prior to actually negotiating.

Our growing Palmetto Bluff Neighborhood Association membership is anxious to have you meet with all residents in an open and collaborative way. Frankly, many residents are struggling to see how your changes to the Club that are now in effect add to the quality of our experience. The implementation of these changes has been, as a minimum, disruptive to the Member experience. Moreover, your unwillingness to personally address all residents in an open forum on your requests of our Town officials is breeding distrust. We believe all of this can be partly mitigated with a Town Hall meeting.

Kindly consider our request.

Thank you very much.

Warmest regards,

Palmetto Bluff PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Bluffton Town Negotiating Committee | Rushed Meeting

Richard Cedrone — Tue, 04 Jan 2022 19:46:18 GMT

We apologize in advance for another communication so quickly on the heels of our note to you yesterday that announced the PBNA meeting with Bluffton Town Councilman Fred Hamilton (Mayor Pro-Tempore), and Councilman Larry Toomer at 3PM, January 13th at the Lodge. Our intent is not to fill your ‘in-box’. We do wish to share important information as we learn it and today is one of those times.

Subsequent to our note to you yesterday, we have learned that The Bluffton Town Negotiating Committee (https://www.townofbluffton.sc.gov/304/Negotiating-Committee) has been hastily scheduled for this Thursday, January 6, 2022 at 10:00 AM at 20 Bridge Street, Bluffton SC 29910 to discuss South Street Partners’ (SSP) request for significant changes at the proposed Anson Marina. We continue to believe that PB residents have not been fully informed of the proposed changes and that SSP should conduct a Town Hall Meeting with PB residents to explain these changes prior to any action by our elected officials. Therefore, today we have sent a letter to Mayor Lisa Sulka (Chair of the Negotiating Committee) requesting that she delay this session until PB residents have had an opportunity to hear details from SSP, and are able to provide input to the developers.

We are asking that regardless of where you fall on this issue, that you let your voices be heard with our city officials by either attending the meeting if it does occur or immediately sending an email to both Mayor Sulka lsulka@townofbluffton.com and Councilman Fred Hamilton fhamilton@townofbluffton.com who is a committee member requesting that these proceedings be paused until such time as SSP conducts a town hall meeting with all residents of PB and receives resident feedback on these changes. If the meeting does occur and you intend on attending the meeting, public comment procedure will be the same as for Town Council meetings. You may complete the comment form online (link below) or you may come to the meeting and fill it out in person on Thursday, as long as it is turned in by 9:50 a.m.

https://www.townofbluffton.sc.gov/FormCenter/Town-15/Public-Comment-60.

This meeting is not expected to be the last word from the Town on SSPs’ request and we therefore intend to see all of you at the January 13th meeting with two of our elected Town officials. Please ensure to join your neighbors at this meeting.

Lastly, please watch for an email in the next several days announcing the PBNA website. The volunteers of the PBNA are very proud of the product and know that with your feedback we can make it an even better platform to ensure that this incredible place that we call ‘home’ remains special for generations to come.

As always, the volunteers of the PBNA enjoy hearing from you. Should you have any questions, please do not hesitate to contact us.

Warmest regards,

Palmetto Bluff PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

Letter by PBNA to Postpone Thursday's Negotiating Committee Meeting

Richard Cedrone — Tue, 04 Jan 2022 19:00:00 GMT

Dear Members of the Negotiating Committee for the Town of Bluffton,

We request that you postpone consideration of the South Street Partner's proposals, which we understand is now scheduled for 10AM, Thursday, January 6. We ask this because the Palmetto Bluff community has not had the opportunity to understand the proposals and to respond appropriately to them. We believe that informed feedback from the Palmetto Bluff community is an essential part of the process.

We make this request for five reasons:

1) The developer, now South Street Partners (SSP), has failed to provide any information about the Anson proposals to the property owners and residents of Palmetto Bluff.

2) At the November 9, 2021 Town Council meeting, SSP stated that they had held Town Hall meetings, which was incorrect. PBNA then sent an email to correct the record.

3) Since then, there has been no information shared, or general meetings conducted, by SSP to inform the members of the Anson proposals and plans, and the reasons why they are requesting changes to the Development Agreement (as amended).

4) Two Town Council members (Fred Hamilton, Larry Toomer) are scheduled to be at Palmetto Bluff to meet with PBNA members to discuss the Anson proposals. There is very strong interest in this January 13th meeting amongst our 250 members.

5) PBNA can assist the Negotiating Committee and the Town Council assess community input via a survey to the PBNA members (and potentially the entire PB community), if this would be helpful in your deliberations. Obviously, this will take a few weeks to execute and compile.

The seven volunteer leaders, signing below, unanimously urge you to postpone this meeting.

Bob Morette, Harry Haslam, Ford Bartholow, Eric Sutherland, Richard Cedrone, Graz Graziano, and Arian Ellis

Special Meeting of PBNA Members 01/13/2022

Richard Cedrone — Tue, 04 Jan 2022 10:25:06 GMT

We are excited to report that Bluffton Town Councilman Fred Hamilton (Mayor Pro-Tempore), and Councilman Larry Toomer have agreed to come and meet with our membership on January 13th at 3PM at the River Road Lodge. We are very grateful that these two government officials are making time to be with us. We hope that you will save the date and join your neighbors and friends at this session.

For several months, we have been sending out information to you about South Street Partners’ (SSP) requested changes to the master agreement between the Town of Bluffton and the developer that are beyond the limitations and safeguards put in place in the original 1998 agreement (and subsequent amendments). These original arrangements provided for a single dry stack storage facility (currently at Wilson Landing) and limited fueling to land side only. These provisions were put in place to protect the rivers around Palmetto Bluff. As you know, SSP is requesting fuel over water rights and additional dry stack storage at the planned Anson Marina.

Regardless of where you come down on the proposed expansion at Anson, we hope that you will join us for a respectful discussion of the issues with both Councilmen. You can learn more about our distinguished guests at the attached link.

We continue to hope that SSP will hold a Town Hall Meeting with all residents concerning their requested changes. We believe that it is important that they communicate their intentions directly to property owners and receive feedback from all of us who are most invested in the long-term viability of our community.

As always, the volunteers of the PBNA enjoy hearing from you. Should you have any questions, please do not hesitate to contact us. Also, if you have neighbors who have not yet joined the PBNA, please encourage them to do so prior to this important meeting.

Warmest regards,

Palmetto Bluff PBNA Volunteers

Bob Morette, Arian Ellis, Harry Haslam, Graz Graziano, Ford Bartholow, Eric Sutherland, Richard Cedrone

https://www.townofbluffton.sc.gov/292/Mayor-Town-Council

Information for South Street Partners' Anson Survey

Richard Cedrone — Thu, 16 Dec 2021 21:00:00 GMT

Dear Palmetto Bluff Neighborhood Association Members,

We hope that the upcoming holidays will be a tremendous time of joy and happiness for all of you.

On November 11, 2021, we sent you a communication concerning South Street Partner’s request to our Town of Bluffton elected officials to expand and change key components of the plan for the marina at Anson. You may remember that the Town Council sent the issue to the Town’s Negotiating Committee who will begin the negotiating process later this month. Today, South Street Partners sent out a survey to residents concerning those changes. To help you complete the survey, we believe you should understand some important background.

Specifically, SSP is requesting changes to the master agreement between the Town of Bluffton and developer that are beyond the limitations and safeguards put in place in the original 1998 agreement (and in subsequent amendments), These agreements provide for a single dry stack storage facility (used by Wilson Landing) and limited fueling to land side only. These provisions were put in place to protect the rivers around Palmetto Bluff.

We have discovered that many of our neighbors and friends that live on Palmetto Bluff have never had the opportunity to see the Anson area of our community. For that reason, we are forwarding the attached link from the Coastal Conservation League which contains pictures and two very short drone videos of this pristine habitat.

Regardless of where you may come down on the expansion at Anson, we wanted to ensure that everyone had an opportunity to see the area. We hope that it is helpful to you.

We are still hopeful that South Street Partners will hold a Palmetto Bluff Town Hall meeting on these requested changes prior to the Negotiating Committee process. The survey is not a good substitute for actual dialogue with residents.

Feel free to pass this on to your friends and neighbors here on Palmetto Bluff who may not yet be members of the PBNA. As always, the volunteers of the PBNA love hearing from you. Please send any questions that you may have.

Click here to see Anson:

https://www.coastalconservationleague.org/projects/palmetto-bluff/

Warmest wishes for a happy, healthy, and prosperous New Year,

Kindest regards,

Bob Morette, Graz Graziano, Harry Haslam, Eric Sutherland, Richard Cedrone, Ford Bartholow

Frequently Asked Questions (FAQs)

Richard Cedrone — Sat, 11 Dec 2021 21:00:00 GMT

Dear Palmetto Bluff Neighborhood Association Members,

We hope that all of you are enjoying this holiday season with family and friends.

We are grateful for the many PBNA Members (and non-members) who have taken the time to communicate with us lately. We have worked to answer all of those questions within 24 hours. We thought that we would share some of those questions and answers here in the form of Frequently Asked Questions (FAQs).

1. Question: What is the PBNA working on? Answer: The group of volunteers that make up the current leadership of the PBNA are working hard to seat a Board that better represents the demographics of PB, create a first-class PBNA website in order to better inform and communicate, and constantly working to inform our Members on topics that we believe you should know about.

2. Question: How do PB residents communicate with the PBNA? Answer: By email: pbna2020@gmail.com. By ‘Snail Mail’: PBNA, P.O. Box 462, Bluffton, SC 29910.

3. Question: Can the January 30th PBNA Meeting be live-streamed? Answer: Our volunteer organization does not yet have this capability but we are working to fill this critical void. Kindly stand-by for more on this going forward.

While the questions above are not the complete list of inquiries that we have received, they do represent the most frequently asked questions.

Thank you again for your continued interest in making this incredible place that we call, ‘home’, an even better place for PB property owners to live, work, and visit. As always, we enjoy and appreciate hearing from you. Please contact us with any questions that you might have.

Kindly forward this to any of your neighbors and friends on PB who might not yet have joined the PBNA.

With warmest wishes for your continued health and happiness,

Bob Morette, Graz Graziano, Harry Haslam, Eric Sutherland, Ford Bartholow, Richard Cedrone

Save the Date: Sunday, January 30, 2022: 4:30 PM

Richard Cedrone — Wed, 01 Dec 2021 18:00:00 GMT

Dear Palmetto Bluff Property Owners,

We hope everyone had a wonderful Thanksgiving holiday, whether you celebrated here in our beautiful community or elsewhere with family and friends.

In our November 18th communication we mentioned that we remained committed to a meeting of the PBNA during the month of January. We are pleased to announce that we have secured the Lodge at River Road on Sunday, January 30th beginning at 4:30PM for a meeting of all interested PB property owners. We hope that all of you will save this date and join us.

At this meeting, we hope to bring everyone up to date on the ongoing work accomplished by PBNA volunteers to reestablish the PBNA. This includes the first ever PBNA website. We would also like to use this opportunity to present an explanation of the key PB foundational documents and contracts, with an emphasis on the rights and obligations of the members and the developer. You can also expect an update on membership growth and the anticipated next steps of the PBNA. Finally, we hope to answer any questions that you may have on the reestablishment of the PBNA.

Please plan on joining your neighbors at this meeting as we continue to discuss our mutual interest in sustaining and improving this beautiful place that we call ‘home’.

In the meantime, please feel free to reach out to any of us if you are interested in learning more about, or becoming involved with, PBNA’s mission and activities.

Sincerely,

Bob Morette, Harry Haslam, Ford Bartholow, Eric Sutherland, Graz Graziano, Richard Cedrone

Bluffton Town Council Meeting | 11/09/2021

Richard Cedrone — Thu, 18 Nov 2021 20:30:00 GMT

Dear Palmetto Bluff Neighborhood Association Members,

In the spirit of transparency we wanted to share with you some important information.

On November 11th we sent you a communication concerning the results of the November 9th Bluffton Town Council meeting focusing on South Street Partner’s request to our government officials to expand and change key components of the plan for the marina at Anson. In that note, we pointed out an inconsistency in South Street Partner’s narrative with the Town Council during the November 9th public meeting.

Below for your information is a note that we sent to both the Town Council and the Planning Commissioners correcting the record on behalf of the PBNA Membership. As you will see, we also offered the PBNA’s collaboration with the developer and city officials on any issues where our voice would be helpful.

Subsequent to sending the note to our government officials, we sat down with two of the Town Council members. They told us that it is their understanding that South Street Partners will conduct a town hall meeting with the residents of Palmetto Bluff to discuss the changes that SS Partners are requesting to the marina at Anson. Further, once the Town’s Negotiating Committee addresses this topic, it is their understanding that this committee will seek public comments. Further, once the Negotiating Committee makes a recommendation to the Town Council, the Council will once again conduct a public hearing on the issue. This is all good news. We urge you and your neighbors who may or may not be members of the PBNA to attend both the South Street Town hall meeting when it is announced and the Town Council meeting which will be announced after the first of the year. We will communicate dates, times and locations as soon as they are scheduled.

The PBNA continues to be committed to having another meeting of residents in the January timeframe. We hope to focus on improving the understanding of the purpose of restarting the PBNA and improve the resident’s (PBNA Members and non-members) understanding of the governing documents of Palmetto Bluff. In the meantime, we are working hard to attract interested residents to join the Board…especially women so that we can better align the composition of the Board with the resident population. If you are interested, please let us know. As always, thank you to the growing PBNA membership for your keen interest in this beautiful place where we live. Please feel free to share this note with your neighbors.

Click here for a copy of the letter...

Happy Thanksgiving to all of you!

Sincerely,

Bob Morette, Harry Haslam, Ford Bartholow, Eric Sutherland, Graz Graziano, Richard Cedrone

Letter to Town Council

Richard Cedrone — Fri, 12 Nov 2021 21:00:00 GMT

Dear Members of the Town of Bluffton Town Council and Planning Commission,

We are writing you as the Directors of the Palmetto Bluff Neighborhood Association (PBNA). The PBNA is a South Carolina Non-Profit Corporation made up of property owners of Palmetto Bluff. The PBNA is an independent voice for the Palmetto Bluff resident members.

The purpose of our communication is four-fold in addressing the outstanding requests by South Street Partners to make amendments to the area of Anson on Palmetto Bluff.

First, we want to thank all of you for the thoughtful approach you have taken to this point in determining what is best for Palmetto Bluff, Bluffton, and the larger community. Some of our members have spoken at your various meetings where you generously requested public comment. Moreover, many of our members have followed the deliberations with keen interest and admiration for your work.

Second, we wish to correct the record on a specific claim made by South Street Partners during the November 9th Town Council meeting on this subject. During the questioning of South Street Partner, Mr. Will Culp, Councilman Fred Hamilton asked Mr. Culp if South Street Partners had discussed their specific requested changes at a town hall meeting with residents of Palmetto Bluff. At first Mr. Culp opined that he could not recall if the specific requests had been discussed with the residents. Shortly after that, with some prompting, Mr. Culp reversed himself by saying that, ‘these changes had been explicitly discussed with PB residents during town hall meetings’. We wish to respectfully communicate to you that at no time did South Street Partners discuss these requested changes at any town hall with the residents of Palmetto Bluff. Moreover, the first time that residents heard of these specific requests was when South Street Partners petitioned you our elected officials for these amendments. We applaud Councilman Hamilton’s intent to have Palmetto Bluff residents involved in these drastic changes to the 2005 2nd Amendment to the PB Development Agreement and stand ready to provide South Street Partners feedback if they truly wish to work in an open and collaborative manner. It is worth mentioning that taken together, the residents of Palmetto Bluff are the largest investor in the community.

Third, we believe that there is an immediate need for South Street Partners to provide high level engineering and concept plans for the Anson Marina before better informed comments and decisions can be articulated. Frankly, we have closely followed the public discourse and cannot adequately describe what the resulting marina will look like, or more importantly, what effects their proposals will have on our fragile environment in and around Palmetto Bluff.

Lastly, we wish to offer ourselves as resources on any and all issues related to the Town of Bluffton and Palmetto Bluff. We and our members stand ready to partner in an environment of trust and transparency with you on the myriad issues that you adjudicate.

Kind Regards,

Bob Morette, Harry Haslam, Graz Graziano, Eric Sutherland, Richard Cedrone, Ford Bartholow