Amendment to Covenants to Formalize Covenant Enforcement Process
A key component of community association living is a document known as the Declaration of Covenants , Conditions and Restrictions , hereafter referred to as “ covenants .” Covenants 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 placed 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 members almost always share our desire for a quick resolution . Occasionally there are delays to resolution , but most often it is due to the fact that 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 , but occasionally it does . In one recent instance , after seven years of attempted KICA action , we worked with the Town of Kiawah Island to initiate condemnation proceedings . We appreciate the town ’ s assistance , yet the neighbors had to live next to an absolute eyesore for seven years . It is clearly frustrating to the neighborhood , it ’ s frustrating to KICA that our hands are tied , and no one on Kiawah should have to live with that type of blight .
For that reason , the KICA Board of Directors has voted unanimously to submit a covenant change to the membership for approval , which requires a 60 % quorum and the affirmative vote of at least 75 % of those voting . The document as drafted by KICA ’ s attorney and approved by the board of directors deletes existing Article VIII , Section 3 ( enforcement ) and replaces it will new language that , among other things , authorizes the implementation of a reasonable schedule of fines , and institutes a mechanism for attaching a formal notice of non-compliance to the land record . Notably , there is a process to appeal to the full board of directors , assuring that members have an opportunity to contest the enforcement action . The full document can be found online at kica . us / covamendment . Hard copies are also available at member services desks at the Sandcastle ( 1 Shipwatch Road ) and KICA Administrative Office ( 23 Beachwalker Drive ).
While this change will not impact the majority of members on a daily basis , it will be enormously helpful in protecting the quality of life for all , and especially those who through no fault of their own find themselves living next to or near an unfortunate situation . The board strongly encourages you to vote YES . If you have questions , please contact Shannon White at Shannon . white @ kica . us or 843-768-9194 .