By Jessica Johnson
Contributing Writer

A majority of King’s Grant residents have agreed to negotiate with the new owner of the community’s amenities, rather than continuing a court battle.

“It was an intelligent decision to enter negotiations with the new owner of the property to see if an acceptable settlement could be reached,” said Charles Summerall, an attorney representing the King’s Grant Homeowners Association against KG Golf Acquisition.

The association filed suit against previous owner T2 Green for failing to maintain amenities, including the pool, tennis courts and golf course. The homeowners said restrictions and covenants guaranteed them certain amenities. T2 Green proposed developing residential lots on the 18-hole course to get out of debt.

When the company filed bankruptcy, KG Golf Acquisition, led by King’s Grant resident David Mikulski, bought the amenities and assumed the debt. Mikulski also inherited the lawsuit. Mikulski presented homeowners with options for future amenities.

When a majority of King’s Grant Homeowners Association members voted May 23, they were united in avoiding another court battle if possible.

However, Summerall said residents were still divided on whether they want an 18-hole course or undeveloped green space. Both of those proposals include building no more than 80 homes, most likely along the edge of the community that fronts the Ashley River.

Plans also called for renovations to the clubhouse, or replacing the current clubhouse with a restaurant and recreational room for neighborhood residents. If residents wanted a golf course, the clubhouse would also include a pro shop. If residents chose against a golf course, a restrictive covenant would be placed on all non-developed land to ensure no further development.

Before the most recent agreement, Bankruptcy Court Judge John Waites had decided that homeowners were guaranteed some type of amenities. A future hearing would determine the scope of those recreational opportunities. Both sides of the case hope to come to an agreement outside the courtroom.

Summerall had planned to request a reasonable amount of time to allow homeowners and Mikulski to negotiate terms. The negotiations would take weeks to complete, Summerall said.

If residents chose the plan without a golf course, Mikulski may require a smaller housing development to pay off the $3 million in debt he assumed when taking over amenities, Summerall said.

Once the homeowners association’s board obtains a deal it is content with, it will return to residents for another vote.

“If we don’t get at least 51 percent approval, we are going back to court,” Summerall said.

That option carries an additional expense of $100,000 in legal fees, according to the ballot presented to homeowners.

“We would like to reach an accord with homeowners as quickly as possible,” said Mark McKnight, an attorney representing Mikulski. “We want to come to a meeting of the minds in short order and move forward.”

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