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PBNA Communications

  • PBNA Newsletter #5

    02/11/2024 9:00 AM | Richard Cedrone (Administrator)

    Dear PBNA Members,

    This newsletter has six topics: 

    1. Update and summary of ongoing litigation and mediation matters.
    2. Crossroads Golf
    3. Shout-outs.
    4. What we’re working on
    5. Our new PBNA Board Volunteers
    6. 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

    11/29/2023 12:32 PM | Richard Cedrone (Administrator)

    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

    11/02/2023 9:13 AM | Richard Cedrone (Administrator)

    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

    07/12/2023 6:40 AM | Richard Cedrone (Administrator)

    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

    06/15/2023 4:23 PM | Richard Cedrone (Administrator)

    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

    06/06/2023 2:37 PM | Richard Cedrone (Administrator)

    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

    03/22/2023 3:19 PM | Richard Cedrone (Administrator)

    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

    02/22/2023 9:22 AM | Richard Cedrone (Administrator)

    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

    02/07/2023 2:04 PM | Richard Cedrone (Administrator)

    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

    01/16/2023 9:00 AM | Richard Cedrone (Administrator)

    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 2nd 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 9th 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


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