Scoop From the Community
In response to a question posed by a resident, Denise Matthews:
“Tim,
Thank you. My observation and question...
As a fairly new resident of Four Seasons, I don't have a complete history of the builder’s repeated purchase of adjoining land with intent of additional home construction within our FS community beyond what was originally presented at our time of purchase.
Do we as residents have legal rights or recourse regarding this expansion, particularly since the added homes will surely place additional strain, maintenance and financial burden on home owners for amenities designed to accommodate a specific number?
Is it your opinion or understanding we should consult with legal counsel or county planning authorities to better understand the developer’s rights vs. ours as homeowners in consideration of Khov's less than transparent actions?
It seems we've been unable to enjoin many to any great degree.”
Denise Matthews
Tim Traynor’s Response (Infrastructure Assessment Team - IATeam):
“Denise... thank you for the question. I am not an attorney, but the research done by our various FSCV teams has revealed the following. There is no recourse over the declarant, in this case KHOV, when it comes to their actions. The applicable CCR’s clearly state that they can make up the rules anytime they choose until they have transitioned control over to the homeowners.
South Carolina is woefully weak when it comes to homeowner’s rights prior to this event and we only have an omnibus or information officer at the State level who records our objections or concerns. This adjunct has no authority to compel a fair or balanced resolution for actions taken by the declarant under the State statutes.
Having said that, there is one opportunity we as non-voting members of the developer/ builder’s-controlled HOA will have and that will be at the time we negotiate our transition of control from KHOV’s ownership and obligations of the common amenities and land that we will inherit. This is why our small group of residents formed FSCV and have been collecting data over these past years to bring forth any deficiencies in KHOV’s implementation of its permitted responsibilities.
To date, we have uncovered numerous areas of concern and have requested that KHOV address them prior to transition. Their response has not been encouraging, quite the opposite. There has been a pretty well-defined reaction by ownership and its managers that have involved intimidation both physical and legal, a confluence of misdirection, and a general lack of transparency when confronted with the facts on the ground.
I point to a recent example of a response to a question posed to KHOV’s Board of Director’s at last year’s annual meeting. Mr. Steven Baker, its land manager, told the community in attendance that KHOV was not obligated to install the root barriers required by Berkeley County’s Streetscape ordinance. When Mr. Baker was asked to further explain his claim, he shut down communication and told the resident he would no longer speak with him. He walked away mumbling that he had a family affair to attend limiting his time.
However, he did not leave the ballroom for some time after making this statement nor has he responded to numerous email asking for a follow-up.
This led to the Infrastructure Assessment Team (IATeam), residents tasked with researching such erroneous claims, to act. Berkeley County’s Planning Department was contacted and agreed with the IATeam that KHOV must install the root barriers along with several hundred missing streetscape trees prior to it being granted a final occupancy certificates for Phases 6 through 10.
For those living in Phases 6, 7 and 8, you are witnessing the results of that requirement as KHOV attempts to comply. To understand what type of financial exposure the residents might inherit over time, The IATeam did a preliminary estimate and it was their opinion that this expense if left unattended could cost residents in excess of $1,000,000.
Another note that raises concern is that by KHOV’s own admission, they did not comply with these Berkeley County requirements in Phases 1 through 5. This will be a topic to be brought forward at time of transition.”
Tim
******************************
5/3/2025
GET INVOLVED IN YOUR OWN WAY
Hello Fellow Homeowners...
As we move steadily toward the transition to a resident-owned community, it is essential that each of us take the time, in our own capacity, to identify and document any areas that require correction or remediation.
Please remember that our focus is on infrastructure and common areas—specifically, as well as any concerns outside of individual homes and personal property lines. These may include, but are not limited to, raised sidewalks, misaligned manhole covers, drainage issues, or any other elements that appear out of place or not in compliance with expected standards.
Community Voices will serve as the central repository for this information. We will compile and regularly update a comprehensive report that will be submitted to Associa. This ensures that KHOV is made fully aware of the necessary corrections and can address these deficiencies before the official transition takes place.
To report any concerns or observations, please send detailed information, including location and description, to fscommunityvoices@gmail.com
It is in the community’s best interest to ensure that any deficiencies are addressed by the builder now, thereby reducing potential financial responsibilities for residents in the future.
Although we still have time before the transition, staying proactive will help ensure that Four Seasons remains a well-maintained and desirable place to live for all current and future residents.
Thank you on behalf of the community,
Harvey Drill
******************************
4/8/2025
Great News from Tim Traynor, Infrastructure Assessment Team Leader
Below is the email sent by Tim Traynor to Jack McSweeney, Steven Baker, and Krista Dorris on April 6, 2025.
Good morning friends,
I am writing to you this morning to express my gratitude for the recent agreement that KHOV struck with the Berkeley County Planning Department regarding your willingness to fully comply with the Cane Bay PD-MU requirements for Streetscape Trees and construction of other appurtenances going forward in Phases 6 through 10.
At the last Annual Board meeting, I was rather surprised to hear Steven Baker state that he would not be complying with the Cane Bay PD-MU requirements as described typically on Sheet LS2.1 of the Thomas and Hutton plans. He stated that KHOV was not bound by these requirements as Four Seasons at Lakes of Cane Bay was a “private community”. I was certain that this was not the case and wished to continue the conversation with Steven Baker for clarification but unfortunately, he told me that he would not talk with me again. Of course the only option left to me would be to contact Berkeley County Planning alerting them of your intentions to disregard its obligations.
It is important to note that there are numerous steps to be taken prior to and during the planting of the Streetscape Trees, none of which were performed during the earlier failed attempts at planting and replanting of Streetscape Trees in Phases 6 and 7.
Aside from planting trees that were not part of the approved planting list, some which failed to meet the specimen dimensional and formation requirements, I found the following shortcomings that you will need to correct:
· Proper staking and layout of the trees as per Street Tree Planting Note #6 (Previous attempts by your landscape contractor allowed for its workers to simply use footfall measurements… hardly accurate)
· Performing 24-hour percolation tests observed and certified by the landscape architect as required in Street Tree Planting Note #7
· Mitigating failed soil tests through proper rendering and soil amendments as per Street Tree Planting Note #8 and general notes on LS2.1
· Removing the burlap/ strapping from top 1/3 of root ball Street Tree Planting Note #15 - 18
· Guy all trees properly per Street Tree Planting Note #19
· Maintain proper spacing of plantings with a special consideration of driveways as designated in 5.1.a. through e.
· Installation of root barriers as required in 5.1.f. & g.
These are only a few of the failed installation requirements done previously by your contractor, and landscape architects prior to the issuance of this memo. When I observed the earlier planting, I noted that the landscape contractor did not have a copy of LS2.1 or any other relevant plans and specifications to guide him which meant that he had no idea as to what the requirements were. It occurred to me that perhaps you don’t have the proper documents. I should think that you would be able to secure them directly from Thomas and Hutton, that is if they make an exception regarding their copyright rules.
Please be advised that the IATeam will be monitoring all of the work going forward and issuing reports to Berkeley County Planning daily on any deviations from the requirements. Of course, my offer to work directly with you and your representatives still stands. As stated numerous times, the homeowners are only interested in making sure that the work is performed in full compliance with the permitted plans and specifications. I look forward to hearing from you at your earliest convenience in this regard.
*****************************
3/20/2025
Did you know?
Your Community Voices Finance Team found a significant, non-disputable mistake in the 2024 Reserve Study approved by the HOA Finance Committee and Board of Directors.
The Reserve Study starting reserve balance at 8/31/24 was overstated by $544k or 35%. By the end of 2024, the discrepancy grows to $596k or 36%. We questioned the discrepancy in the annual Q & A’s and successfully got the HOA to acknowledge the mistake.
As a result, the Reserve Study will be corrected and re-posted on Town Square.
Why does this matter?
The Reserve Study states the reserve balances were used to create the reserve funding plan. Inaccurate reserve balances could lead to the need for future capital calls on our residents.
We appreciate the HOA’s willingness to admit to the mistake and agreement to correct the Reserve Study. We will review the 2024 reserve balances in the revised Reserve Study for accuracy on behalf of our residents.
Contributor:
Cynthia Rice - Homeowner
John Lisee - Homeowner
*****************************
1/22/2025
Preamble
Four Seasons of the Lakes of Cane Bay is a 55+ retirement community with great amenities and friendly residents. Many appreciate the management of events and classes. While the community offers excellent opportunities, long-term residents have noticed a decline in addressing issues regarding the upkeep and care of the community by the Association that affect their quality of life.
We anticipated that this new, more comprehensive Reserve Study, conducted five years after the initial study, would provide an objective assessment of our situation. In many respects, this has proven to be accurate. However, there are multiple issues that necessitate thoughtful and transparent responses from KHOV and its HOA.
The following questions stem from our collective experiences and a perceived lack of transparency from KHOV, its Board of Directors, and its management entity, Associa.
These inquiries have answers that should be readily available to the community and its customers following some research. This process incurs costs for the developer or builder, due in part to the necessity of having responsible parties such as site contractors, past managers, and County representatives inspect and verify the completed work.
The intent of our questions is to ensure strict adherence to approved plans and specifications during the design, construction, and execution phases. If these standards are met, the transition from KHOV to the community will be seamless and positive, as it should be. Ultimately, we aim to enjoy the community promised to us, executed and managed efficiently.
In this context, we present these observations, legitimate and well-researched questions, along with the concerns of the residents, with the expectation that our community aligns with the standards established by the Founder of K. Hovnanian® Homes, Mr. Kevork Hovnanian.
Prepared by:
Tim Traynor - Homeowner
John Battaglia - Homeowner
Scroll down or go to File Manager to view and/or download the questions submitted by friends and neighbors living in our Community for the 2025 Annual Town Hall.
Note: there are three 2025 Annual Meeting Question documents.
1. General/Administration
2. Budget/Reserve Study – Finance
3. Reserve Study – Infrastructure
*****************************
Note from the WEBMASTER:
Information under the header Scoop From the Community will be move to the appropriate content header or remove after a few weeks.