GREENE COUNTY
Following up on a contentious meeting held with Harbor Club residents last month, the attorney representing builder Kolter Land Partners LLC has confirmed a number of changes to a proposed Planned Unit Development (PUD).
The development proposal is seeking approval for a 1,400-plus-home community adjacent to Harbor Club off the Richland Connector.
Attorney Jay Dell of Dell Law in Greensboro was the principal legal counsel to three entities initially involved in the project – Harbor Club’s Property Owners Association (POA) for existing residents, the Harbor Club company selling the 600-plus acre property off the Richland Connector, and Kolter, the developer. Many felt it was an obvious conflict of interest and sought to find other legal representation.
In a statement to Lake Oconee News, Dell confirmed he is recusing himself as a principal attorney representing the POA to avoid any perception of conflicting interests in the development moving forward. He has advised residents to retain separate counsel to represent their concerns and interests with the development.
Residents were also seeking to remove the discussion of the PUD the Zoning and Planning Commission held this week.
Many felt it was too early for a true analysis of the PUD to be situated on over 600 acres.
The agenda item was removed and will be revisited in January Additionally, the proposed name, the Cove at Harbor Club, was challenged as many felt it appeared to be part of Harbor Club and not a separate development as outlined by the developer.
Kolter has confirmed they are renaming the development as well as axing plans for a shared road into Harbor Club.
Dell has also confirmed that a minimum of a 50-foot buffer will exist between the communities and again stated that the community would be separate with its own POA and covenants.
Of main concern is the proposed entrance road coming off Huntington Road onto Club Drive, which is the primary entrance into Harbor Club. Light does not exist coming onto Highway 44 exiting Club Drive. A traffic analysis study conducted by Thomas and Hutton, an engineering consulting agency, cited that a traffic signal or a multi-lane roundabout would be required to service the needs of Harbor Club residents alone turning left onto Highway 44.
The development has also opened a floodgate of concerns and frustrations that residents of Harbor Club say have existed for some time, namely representation on the existing POA.
Currently the POA exists of two principal owners, John Matney and his son, Brandon Matney, and a family friend, Kevin Hart. Many feel the current makeup does not give residents a voice or decision-making.
Resident questions are submitted via forms and no discussion is encouraged or held.
Maria Wheeler, a Harbor Club resident since 2012, complains of little communication through the years.
“We pay into the POA, yet we have no voice in how our dues are spent or the priorities set,” she said. “No set budget itemization is ever presented or an acknowledgment of project expenditures.
Most Home Owner Associations, which we are not present, have budget itemizations for review.”
Currently, the main entrance into Harbor Club has been revamped and is seen as only a way to improve potential sales traffic into the community. Key concerns other than fair representation include pond fill and retention, stormwater runoff, failing silt fences at new builds, outdated amenities and golf course repairs, and general overall maintenance to the community.
Calls to Harbor Club management have gone unanswered.
Interestingly, Beacon Property Management has been named as the new management company for Harbor Club. In a letter to residents dated Dec.
20, Beacon advised that annual dues will go up by 40 percent to $1,400 annually from $1,000. Additionally, it is securing a $500,000 bridge loan due to unforeseen operating costs. However, Harbor Club has continually claimed to be debt free.
Many feel principal owners have not exercised fiscal responsibility with dues collected. A second homeowners meeting in advance of the January Zoning Board is planned for later this month.