Cedar Grove Plantation group fights developer's plans

Jasiri Whipper
The Post and Courier

A view of the pool at the amenities center at Cedar Grove.

Jasiri Whipper
The Post and Courier

Residents hope land around the amenities center will not be developed.

Linn Pitts and his wife, Amy, chose to live in Cedar Grove Plantation off Dorchester Road in North Charleston for many reasons.

Chief among the selling points was the amenities center, which boasted a Junior Olympic-size swimming pool and a large area for entertaining. It was more than a year ago that they moved in. Today, the amenities center is just shy of completion and remains unused.

"I feel like we're being taken advantage of," Pitts said.

At issue is a long-standing feud between Cedar Grove developer Steve Vaughn and the Cedar Grove Homeowners Association.

In January, residents of Cedar Grove noticed survey markers near the amenities center, which sits on 2.8 acres. The markers were an indication that development was planned for the area, development that many residents had not expected. Officials with the homeowners association searched Dorchester County public records and discovered the lot had been subdivided into two plots of land to build single-family houses on either side of the amenities center.

Vaughn purchased Cedar Grove from the original developer and says the land next to the center has to be developed to pay for changes to the original plans so the center can be expanded. Under the original developer, the amenities center included a small pool, tennis courts and small pool house.

According to current homeowners association covenants and restrictions, Vaughn is the declarant, or owner, of Cedar Grove subdivision, which gives him the right to develop and/or sell portions of the property for future development. It also allows him to appoint members of the Cedar Grove Homeowners Association board of directors.

There are 170 homes in Cedar Grove and plans call for 350 total.

The homeowners group filed a complaint in May in Dorchester County Court of Common Pleas against Vaughn Development Inc., UGC Holding Co. LLC (formerly known as Vaughn Development II LLC) and Vaughn Homes Inc.

The homeowners want an injunction to stop Vaughn from developing the lots adjacent to the amenities center.

In response, Vaughn stopped work on the center. Work has resumed and the center is expected to be completed by early July.

The individual homeowners within Cedar Grove may have equal say in what happens to the land near the amenities center, according the complaint filed by Charles M. Feeley, the attorney for the Cedar Grove Homeowners Association.

"The plaintiff (Cedar Grove) is vested with equitable title to the subject properties and that its members who purchased lots ... are vested with easement rights in the subject properties," according to the complaint.

Not so, says Vaughn.

"We are the declarant of the property, and we've always been the declarant of property," Vaughn said.

As Cedar Grove was being developed, a Vaughn employee who was overseeing the project selected board members and negotiated with Cedar Grove HOA on the changes to the original planned development.

Vaughn later learned that the supposed agreements, under the terms of those negotiations, were not in writing, and he terminated that employee.

Vaughn is not certain what transpired in those meetings, but thinks the HOA was fully informed of his plans for development around the amenities center. Vaughn also contends the HOA has held illegal meetings by not informing him in writing when meetings would be held. He also argues the board is withholding documents regarding those meetings, all in violation of its covenants.

Vaughn has since moved to strip the board of its authority.

"I have no intention of allowing a board to tie up this amenities center for four or five years," he said. "The people and the property owners are being punished."

Homeowners Association President Michael Knichel said he just wants the interests of Cedar Grove residents protected.

"I don't know what Vaughn is talking about," Knichel said. He said Vaughn always has been welcome at meetings, but is not necessarily entitled to some of the documents.

"We do not want those additional homes built," Knichel said. "It forever removes the possibility and prevents the expansion of the amenity site resources."

If the board is disbanded, homeowners could file individual lawsuits against Vaughn, Knichel said.

Reach Jasiri Whipper at 745-5863 or jwhipper@postandcourier.com.