February 2018
D I G E S T
The Official Publication of the Kiawah Island Community Association
Second Vote on Covenant Amendment to Formalize
Covenant Enforcement Process
As part of the 2018 Annual Meeting, association members are
being asked to vote for a second time on a proposed amendment
to the KICA Covenants. The original proposal, which was part
of the 2017 Annual Meeting, received overwhelming support
last year (78% voting in favor) but failed to reach the necessary
quorum requirement for voting.
Background
The Declaration of Covenants, Conditions and Restrictions
(or simply, the KICA Covenants) are a key component of
community association living. These are non-governmental
legal restrictions that apply to land, and hence, also apply
to the owners of this land. They are legally binding, though
the hierarchy of controlling laws and legal instruments place
covenants subordinate to federal, state and local statutes. In a
community association, covenants establish the framework for
setting community standards, rules and guidelines intended to
support the quality of life and property values in a community.
On Kiawah, the KICA Livability team is charged with
enforcement of the covenants, and the overwhelming majority
of our members abide by them. Minor violations occur from
time to time, but are almost always corrected in a reasonable
time frame, and a majority of members share KICA’s desire for
a quick resolution. Occasionally there are delays, most often
because so many members aren’t here full-time. For that reason,
the Livability team is extremely reasonable and flexible with
members, as long as there is a clear commitment to resolution.
Unfortunately, there are a handful of instances where KICA
options to enforce the covenants run out. There is no formal
authority for the establishment of fines, or a means to compel
action. These violations are the worst of the worst – properties
so unkempt that they border on health and safety issues (see
below images for examples). It’s hard to believe this could
exist on Kiawah, yet occasionally it does. In one recent
instance, after seven years of attempted KICA action, the
association worked with the Town of Kiawah Island to initiate
condemnation proceedings. The town’s assistance was greatly
appreciated, yet the surrounding residents still had to live next
to an absolute eyesore for seven years. It is clearly frustrating
to the neighborhood, it’s frustrating to KICA, and no one on
Kiawah should have to live with that type of blight.
For that reason, the KICA Board of Directors voted
unanimously to submit a covenant change to the membership
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