Archive

Can I fish in the ponds at Dunes West?

Residents or a guest of a resident may fish “at your own risk” in the ponds within Dunes West. We do urge that you exercise caution as alligators and snakes make these ponds and surrounding areas their home. It is not uncommon for alligators to sense vibrations from a fish being reeled in and swim over and eat the fish while it is being reeled in.  No vehicles may be parked on open spaces (grass, sidewalks, and similar areas) near the ponds.  ...

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What activities are permitted in the open spaces of Dunes West?

Residents and home owners may utilize the open spaces for any family activities (picnics, frisbee, dog walking on a leash, bird watching, etc.) so long as there is no destruction to the property and the activity is in compliance with state and local law. No commercial events are permitted in any of the open spaces of Dunes West without the express written consent of the Dunes West Property Owners Association.  The medians in the roads are part of the road and are not part of open space; building forts, setting up basketball goals, and similar activities are not permitted in roads or medians.  The entirety of Dunes West is a No-Fly zone (using a drone requires specific permission from the airport next to Dunes West). ...

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A TV show was filmed at the golf course. How much money did they pay Dunes West for this?

The events that occur at the golf course or pool are private, occur on private property, and are completely independent of the Dunes West Property Owners Association. As such, the Dunes West Property Owners Association does not receive any financial contributions or benefit.  However, should the guests of the golf course and pool damage property owned by the Dunes West Property Owners Association, we do recover repair costs.  ...

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How much does the Dunes West Golf & River Club pay to use our private roads?

The Club does not contribute directly to the use of our private roads.  Article 3.2 of the CC&R states, in part, “The club and its members (regardless of whether such members are Owners hereunder), members of the public using Club facilities with the permission of the Club, employees, agents, contractors, and designers shall at all times have a right and nonexclusive easement of access and use over all roadways located within the Property.” The Dunes West Property Owners Association has no basis to request that the club contribute, nor does the DWPOA have the authority to charge for or otherwise hinder their guest’s entrance. This was established by the founding Declarant and was not the result of any action taken by the Board of the DWPOA. The DWPOA never owned the golf course or the pool and...

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Why is the Club separate from the POA?

At the inception of Dunes West, the Club (golf course and the pool) was established as defined in Article 3 of the CC&R. Much later, Wieland (a former Declarant) purchased the golf course. Wieland bought the club as a separate purchase after buying the remaining development property and role as the (then) Dunes West Declarant.  In subsequent years, the club properties (golf course, pool, and boat storage/launch) were sold again and today continue to be privately owned and operated under the name “Dunes West Golf and River Club,” completely independent of the Dunes West POA. ...

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What amenities are included with our dues/assessments?

Access to the many miles of paved multi-purpose paths and sidewalks; open spaces; the Riverview Pavilion, dock, and playground; the crab dock; and ponds are free to most residents. The golf course, pools, tennis courts, boat yard, and gym are privately owned and require separate “club membership.” ...

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Why do we have a mix of HOAs with differing rules in Dunes West? Why are Dunes West rules different from other nearby communities?

Some of our Dunes West neighborhoods have an HOA with rules and governance for their homes, condos, or townhomes defined by that specific development, which do not apply to the remainder of the community. Within the context of the overarching POA, these HOAs are considered “sub-regimes.”  About 22% of all Americans are subject to some sort of community association or regime rules and regulation.  Apartments, multi-family housing (townhomes, condominiums, duplexes, and others) all typically have some forms of agreements which deal with areas owned or used in common by more than one residential unit.  An example of why associations have differing rules is shown by comparing Dunes West, Park West, and Wild Dunes.  Both Wild Dunes and Dunes West were set up at the same time and by the same developer (Georgia Pacific, 1989). Wild Dunes was intended to...

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What is the difference between the CC & Rs and policy enacted by the Board of Directors?

The major difference between the CC&Rs and policy is that the DWBOD is allowed to make rules or clarify the way rules are enforced by issuing new policy. Policies cannot override CC&Rs, but can offer some interpretation about how CC&R requirements will be met. It is exceptionally difficult to modify the CC&Rs, but not overly difficult to craft or change Policy. For example, the CC&Rs and Bylaws cover such topics as: Property-use restrictionsMechanisms for rule enforcement and dispute resolutionAssessment obligationsThe rights of the DeclarantFrequency of HOA board electionsDuties and responsibilities of board membersProcess for nominating and electing new board membersNumber of members that serve at one timeLength of board member service termsMeeting frequency and quorum requirements Policy, or the rules and regulations of Dunes West, are enacted by the Board in response to changing conditions within the community and the...

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What are the Covenants, Conditions, and Restrictions (CC & Rs) and the Bylaws?

The CC&Rs cover the rights and obligations of the DWPOA to its members and vice versa, and also detail the protections of the Declarant (developer). The CC&Rs and the Bylaws are legal documents that declare the “what and how” of Dunes West. The CC&Rs and the Bylaws specifically establish areas, authority, and certain restrictions and rules applicable to homes, owners, and residents within this Planned Urban Development (PUD).  The documentation includes function and rights of the Club; establishment of the Architectural Review Board; turnover by the Declarant to the DWPOA; and authority to set budgets, borrow money, buy land, issue fines, hold elections and annual meetings, have committees, and craft policy.  ...

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Is the Dunes West Property Owners Association in compliance with South Carolina State law H*3886?

Yes. In fact, we were mostly compliant with this act even before it became law. As the ruling was approaching its implementation date, the attorneys for the DWPOA reposted to the Charleston County RMC (Register of Deeds) office all of our documents (By-Laws, Articles of Incorporation, CCR’s Policies and other relevant documents).  The attorneys reviewed our filing and prepared additions to be in full compliance.    Our new website also complies in ways that might surprise users.  Our website has many of our documents (CCRs, ARB, and others) publicly accessible to prospective buyers, government agencies, and people wanting to do something on our property.  Other documents are inside the firewall, meaning users must sign in to view them (or file a subpoena as part of active litigation). People who can sign in (generally property owners and DWPOA staff)...

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