To the President and Board of Directors
The Palms Homeowners Association, Inc.
c/o The Cota Group, LLC
We, the undersigned Members of The Palms Homeowners Association, Inc., respectfully submit this petition pursuant to Section 2.4 of the Association By Laws, which requires the President to call a special meeting upon receipt of a petition signed by Members representing at least ten percent of the total Class A votes of the Association.
We request that a Special Meeting of the Members be called to address the discrepancy between the recreational use of the community pond that was marketed to purchasers and the restrictions contained in the recorded governing documents.
The Declaration of Covenants, Conditions, and Restrictions for The Palms was executed by R6 Savannah, LLC in July 2018 and recorded in Chatham County on July 31, 2018. Exhibit C, Section 2(n) restricts swimming, boating, personal flotation devices, and other active use of the community lakes and ponds unless expressly authorized by the Declarant or Board.
Despite that recorded restriction, homes in The Palms were subsequently marketed using representations concerning active recreational pond use. Those representations included a sand beach, a lake for kayaking, kayaks provided in connection with new home purchases, canoes promised to certain purchasers, waterfront docks, and later advertising expressly encouraging prospective purchasers to “Kayak off your dock!”
The community pond also contains an improved island with permanent cemented picnic tables and seating. The island has no pedestrian land connection and therefore reasonably contemplates access by crossing the pond, including by kayak, canoe, similar nonmotorized watercraft, or swimming. The existence and development of this recreational island further reinforced the representation that the pond was intended to function as an active recreational community amenity.
There is also documented evidence that residents used kayaks in the pond, that Association management and developer representatives were informed of that activity, and that no contemporaneous written prohibition was identified in the correspondence reviewed.
These circumstances raise significant questions that should be addressed openly with the membership, including whether recreational pond use was ever expressly authorized, whether any authorization was temporary or permanent, whether it was later revoked or restricted, and whether purchasers were adequately informed of any limitations on the recreational use being marketed to them.
The undersigned Members therefore request that the Special Meeting address the following matters:
- The historical marketing of The Palms as a community offering recreational pond use, including kayaking, canoes, a beach, docks, water access, and related purchaser incentives.
- Whether the Declarant or Board ever expressly authorized kayaking, canoeing, swimming, or other recreational pond use.
- If authorization existed, when it was granted, by whom, under what conditions, and whether it was subsequently withdrawn, revoked, limited, or allowed to expire.
- Identification of any resolution, written consent, meeting minute, rule, notice, or other document recording an authorization or revocation.
- Identification of the current holder of Declarant rights and the party presently possessing authority over recreational pond use.
- The purpose, ownership, maintenance, and intended use of the improved island located within the pond, including its permanent picnic table and seating.
- The Association records concerning pond use, prior authorization, enforcement, marketing, developer communications, engineering, insurance, water quality, safety, and related matters.
- The Board’s response to the formal August 12, 2026 request concerning pond use and its failure to provide substantive answers to the specific factual and records questions submitted.
- Possible corrective action, including reasonable nonmotorized recreational pond use, appropriate safety requirements, written authorization, amendment of the governing documents if necessary, and accurate disclosure to current and future owners.
We further request that the official notice of the Special Meeting clearly identify these matters as the purpose of the meeting and that Members be provided a reasonable opportunity to present information, ask questions, and address the Board.
This petition is intended to exercise the Members’ rights under the Association’s governing documents and to obtain a formal membership forum concerning an issue affecting the use, enjoyment, expectations, and potential marketability of property within The Palms.
Upon receipt of signatures representing at least ten percent of the total Class A votes of the Association, we request written confirmation that the petition has been accepted and that the Special Meeting will be scheduled in accordance with the By Laws.
Respectfully submitted,
Members of The Palms Homeowners Association, Inc.
Signatory Certification:
By signing this petition, I certify that I am a Member of The Palms Homeowners Association, Inc. entitled to represent the Class A vote associated with my Unit, or that I am the duly authorized voting representative for that Unit.