Open Letter to HOA Board

The Summit HOA has been claiming the authority to enforce the CC&Rs and By-Laws against vehicles parked on Barony Place Circle, the street through Barony Place II. 

The following letter was sent today to the members of th eBoard of Directors of the Summit HOA.

The late George Reynolds, you and I have been at odds for more than two years over the authority of the HOA to enforce CC&Rs and By-Laws over the public roadway in Barony Place II; i.e., Barony Place Circle.   

The Richland County Recorder of Deeds Office has provided me with a copy of the Deed by which Barony Place Circle was conveyed to Richland County. That Deed is attached.

The roadway was conveyed by The Mungo Company, Inc. to Richland County on November 1, 2000. The name of The Summit Community Association (SCA) does not appear in the Deed. Since the roadway was never owned by the SCA, it never became a Property of the SCA. Barony Place Circle was not conveyed to Richland County subject to the CC&Rs and By-Laws.

Only County ordinances and South Carolina statutes control parking on public roadways.

I trust that the SCA will immediately cease attempting to enforce the parking restrictions of the CC&Rs and By-Laws on Barony Place Circle and will stop sending warning letters ("Courtesy Letters") that threaten fines for any vehicle(s) parked on Barony Place Circle.

If the SCA believes it can control parking on Barony Place Circle, will you please inform me in writing and provide the legal evidence for that position?

Sincerely,

Gus Philpott
Resident, Barony Place II

Have you received a warning letter that threatens fines? Hopefully, those will no longer be sent to homeowners or residents in Barony Place II.



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