Taken from the Annual Meeting:
Bees Ferry Road Expansion Project-Due to time constraints, Old Business was presented first. Ms. Seabrook introduced Mr. John Dodds, a local attorney, to discuss the acquisition/ condemnation process. Mr. Dodds was hired on contingency by the Board of Directors to advise them during this process.
-An initial meeting was set up at the end of January where the Board of Directors, Ms. Seabrook, Mr. Dodds and Michael Smith from Terrell, Hundley & Carroll (a Land Acquisition Company hired by the County) met on property to look over the proposed plans. Mr. Smith was requesting that a Permission be signed by the Board to allow the use of an extended portion of the common land. After reviewing the plans and the appropriate documents, Mr. Dodds advised the Board to sign the Permission. If the Permission was not signed the County would simply include this land in the proposed acquisition. It was explained to the members that the County has not made an offer at this time. They are in the process of having the land appraised. Once the appraisal is complete the County will present an offer to the Board. If the Board agrees, then the County writes a check which will be used to pay for attorney’s fees and repairs. The remainder of the money would be distributed according to the Master Deed. If the Board and the County cannot agree on a fair price, a condemnation case will be tried through the courts. Condemnation cases are expedited on the docket and are usually heard within 90 days. Mr. Dodds advised the Board to enlist the services of an independent appraiser to substantiate the Association’s case if the County’s offer is not adequate. The Association’s appraiser will determine the value of the land, the value of losses to the Association including irrigation, landscaping, entrance sign, etc as well as the loss of value that the individual unit owners that back up to Bees Ferry Road will experience. In the event that the Board accepts the offer presented by the County and the individual unit owners don’t accept their offer, the individual owners would need to petition the court as a group, separately from the Association, to sue for their losses in fair market value. This would be a jury trial.
Mrs. Amanda Franklin suggested that a Committee be created to keep owners and residents informed throughout this process. It was discussed that the information is available on the community’s website at www.cmgcharleston.com/radcliffe.htm under the News and Manager Updates link.
Thank you,
Jennifer Seabrook
Certified Manager of Community Associations (CMCA)
Accredited Association Management Company (AAMC)
Community Management Group
349 Folly Road; Suite 2B
Charleston, SC 29412
O: 843-795-8484 x329
F: 843-795-8482
www.CMGCharleston.com
