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

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

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

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

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

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

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

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

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

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