The property owners of Kiawah Island Homeowners Association have been opposing the planned developments. Now, they have involved attorneys in the fight.
Kiawah Island Development Opposition
For months, the Kiawah Island Homeowners Association homeowners have been pushing back and opposing a new planned development. The plan includes several four-story condominiums in the West End and Ocean Pine areas on Beachwalker Drive. Concerned residents have said this could lead to an increase in traffic and stormwater management. The town asserts that the two upcoming projects violate the community’s restrictive covenants. Moreover, they claim the new complexes are not aligned with the community’s “designing with nature” requirement.
In response, the attorney representing Kiawah Resort Associates sent a letter to the Kiawah Island HOA’s attorney. According to the letter, the homeowners’ concerns regarding the development are unfounded. It also stated that the opposition was delaying site plan approval and that they should withdraw their assertions. In addition, the letter states that if the pushback pushes the developers to get a determination that there is no violation, they plan to seek to recover all losses. This has been viewed as a threat by the homeowners association.
The Fight Continues
According to PreserveKiawah Chair Larry Rutkowski, it’s “bad behavior.” He states that many things have changed over the years due to the developer’s change in ownership. Meanwhile, land development and property owner lawyer Tim Hazel says you hope to see this in a community — active involvement and protecting their interests. Hazel says the developer does not seem to be used to it.
According to Hazel, the letter might be a freedom of speech issue. However, the state does not have anti-SLAPP legislation. Thirty-three other states have addressed strategic lawsuits against public participation (SLAPP) to protect communities against these threats. The current issue will be a stalemate until the proposals are approved or denied. Moreover, both the HOA and developer could file appeals.
Meanwhile, Kiawah Island Mayor Brad Belt said the town examines development projects for compliance with zoning laws and ordinances. The citizens have a right to petition the government and are welcome to communicate their concerns and questions about how developments might impact their communities.
