We understand that a small handful of our existing property owners, who have elected to use their homes as short term rental properties, are dissatisfied with these planned modifications. “The planned changes at Palmetto Bluff are designed to be in the best long-term interest of our residents. Palmetto Bluff sent the following statement when asked for comment on the lawsuit: “A significant part of South Street’s anticipated financial gain depends on maximizing the value of the resort hotel and the Club amenities in order to sell to the next prospective investor-with little regard for fiduciary duty, the lawfulness of their actions, or detriment to the homeowners,” the suit argues. It argues the developer and club have “lenient attitudes toward longer rental terms” while they target “short-term rentals only because they compete with” the community’s five-star hotel. The suit says Palmetto Bluff charges “these owners unique, exorbitant extra fees, ostensibly in exchange for permission for their guests” to use the amenities. Some people own homes in the community that are known as “Designated Rental Areas,” the suit says, where short-term rentals are permitted. The plaintiffs argue that the amenities also have been used in an effort to “eliminate” homeowners’ short-term rentals. It says Palmetto Bluff residents often “find that the amenities they have paid for are overwhelmed, oftentimes by hotel guests and hotel events there is no room in the dining venues there is no room by the pools there is no room on the courts there is no room in the fitness areas.” Meanwhile, the suit contends, hotel guests have been given “priority use of” the club amenities. The suit says Palmetto Bluff Club LLC owns and operates the amenities, while property owners are “told from the outset” that club membership is mandatory and requires “a hefty ‘joining fee,’ and that they are obligated to pay thousands of dollars in dues and fees per year, lest their home be liened.” It says homeowners “purportedly do not have any ownership or control over” the club while it is managed as a for-profit entity. Palmetto Bluff Development began marketing to homebuyers in 2003, the suit says, using “materials promising exceptional first-class amenities.” It argues the developer “crafted the idea that it would allocate the costs of those amenities to the homeowners … while selling the illusion that residents have a stake in the community.”
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