STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

COUNTY OF HORRY FIFTEENTH JUDICIAL CIRCUIT

Eddie Sammons, Gus DeJohn, Snyder C/A No. 2023-CP-26-

Myrtle Beach, LLC, Marisol Jones, Clark
Jones, Tamara J. Mickelson, Alan Manuel,
Yvette Rivera, David B. Rivera, Ernest W. SUMMONS
Herring, Jo-Ann Herring, 1207 S Ocean (Priority Matter-Emergency, Temporary,
20905, LLC, Calvin Hopkins, Scappini- Permanent Injunction)
Brown Real Estate Holdings, LLC, William
D. Weisler, Jennifer H. Weisler, Randolph
C. Beckett, Jessica L. Beckett, James
Barker, and Tracey Barker,
Plaintiffs,
v.

Beach Life Resort, LLC, Beach Life

Property Management, LLC, Carolinas
Holding Company, LLC, Sea Mist Master
Homeowners’ Association, Inc.,
Tides/Driftwoods/Oasis Homeowners’
Association, Inc, Gary Weatherford,
Constance Doyle, Cameron Herpolshemer
and Beverly Shrake,
Defendants.
___________________________________
TO THE ABOVE NAMED DEFENDANTS:

YOU ARE HEREBY SUMMONED and required to answer the Complaint herein, a copy

of which is hereby served upon you, and to serve a copy of your answer to this Complaint upon

the subscriber, at the address shown below, within 30 days after service hereof, exclusive of the

day of such service, and if you fail to timely answer the Complaint, judgment by default or

otherwise will be rendered against you for the relief demanded in the Complaint.

[Signature on Following Page]

 WINSLOW LAW, LLC.

By: s/ Jamie W. Morehead

Jamie W. Morehead, Esq. (S.C. Bar 105215)
Thomas W. Winslow, Esq. (S.C. Bar 73584)
11019 Ocean Highway
Pawleys Island, SC 29585
T: (843) 357-9301
F: (843) 357-9303
jamie@winslowlawyers.com
tom@winslowlawyers.com
ATTORNEYS FOR PLAINTIFFS

May 4, 2023
Pawleys Island, South Carolina

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 STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
COUNTY OF HORRY FIFTEENTH JUDICIAL CIRCUIT

Eddie Sammons, Gus DeJohn, Snyder C/A No. 2023-CP-26-

Myrtle Beach, LLC, Marisol Jones, Clark
Jones, Tamara J. Mickelson, Alan Manuel,
Yvette Rivera, David B. Rivera, Ernest W. SUMMONS
Herring, Jo-Ann Herring, 1207 S Ocean (Priority Matter-Emergency, Temporary,
20905, LLC, Calvin Hopkins, Scappini- Permanent Injunction)
Brown Real Estate Holdings, LLC, William
D. Weisler, Jennifer H. Weisler, Randolph
C. Beckett, Jessica L. Beckett, and James
Barker and Tracey Barker,
Plaintiffs,
v.

Beach Life Resort, LLC, Beach Life

Property Management, LLC, Carolinas
Holding Company, LLC, Sea Mist Master
Homeowners’ Association, Inc.,
Tides/Driftwoods/Oasis Homeowners’
Association, Inc, Gary Weatherford,
Constance Doyle, Cameron Herpolshemer
and Beverly Shrake,
Defendants.
___________________________________
HERE COMES PLAINTIFFS, who bring this Complaint against Defendants, Beach Life

Resort, LLC, Beach Life Property Management, LLC, Carolinas Holding Company, LLC, Sea

Mist Master Homeowners’ Association, Inc., Tides/Driftwoods/Oasis Homeowners’ Association,

Inc, Gary Weatherford, Constance Doyle, Cameron Herpolshemer and Beverly Shrake (hereinafter

collectively “Defendants”), based upon the allegations set forth below:

PARTIES, JURISDICTION AND VENUE

1. Plaintiffs are condominium owners at Sea Mist Resort n/k/a Beach Life Resort located

at 1207 South Ocean Boulevard, Myrtle Beach, South Carolina 29577 (hereinafter “the

Property”).

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2. Upon information and belief, Defendant Beach Life Resort, LLC is a limited liability

company created and existing pursuant to the laws of the State of South Carolina and at all times

relevant hereto performed services and/or conducted business in the County of Horry, State of

South Carolina.

3. Upon information and belief, Defendant Beach Life Property Management, LLC is a

limited liability company created and existing pursuant to the laws of the State of South Carolina

and at all times relevant hereto performed services and/or conducted business in the County of

Horry, State of South Carolina.

4. Upon information and belief, Defendant Carolinas Holding Company, LLC is a limited

liability company created and existing pursuant to the laws of the State of South Carolina and

at all times relevant hereto performed services and/or conducted business in the County of

Horry, State of South Carolina.

5. Upon information and belief, Defendant Sea Mist Master Homeowners’ Association,

Inc. is a non-profit corporate entity created and existing pursuant to the laws of the State of

South Carolina and at all times relevant hereto performed services and/or conducted business in

the County of Horry, State of South Carolina.

6. Upon information and belief, Defendant Tides/Driftwoods/Oasis Homeowners’

Association, Inc. is a non-profit corporate entity created and existing pursuant to the laws of the

State of South Carolina and at all times relevant hereto performed services and/or conducted

business in the County of Horry, State of South Carolina.

7. Upon information and belief, Defendant Gary Weatherford is an adult individual

resident of Horry County, South Carolina.

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8. Upon information and belief, Defendant Constance Doyle is an adult individual resident

of Horry County, South Carolina.

9. Upon information and belief, Defendant Cameron Herpolshemer is an adult individual

resident of Horry County, South Carolina.

10. Upon information and belief, Defendant Beverly Shrake is an adult individual resident

of Horry County, South Carolina.

11. At all times relevant hereto, all of the events complained of occurred in Horry County,

State of South Carolina.

12. Upon information and belief, this Honorable Court has jurisdiction over the issues set

forth in this case and personal jurisdiction over the parties.

FACTS

13. Plaintiffs are condominium owners at Sea Mist Resort located at 1207 South Ocean

Boulevard, Murtle Beach, South Carolina 29577 (hereinafter “the Property”).

14. Defendant Carolinas Holding Company, LLC is the owner of Commercial Unit 1,

Commercial Unit 2, and Penthouse 1 at the Property.

15. Upon information and belief, Beach Life Resort, LLC is the lessee of Commercial Unit

1, Commercial Unit 2, and Penthouse 1 at the property.

16. Upon information and belief, Defendant Beach Life Property Management, LLC, is the

Property Management Agent retained by Beach Life Resort, LLC to maintain and manage the

Property.

17. The Property is subject to the Declaration of Covenants, Conditions, Easements and

Restrictions for Sea Mist Master Homeowners’ Association (“Sea Mist Master Deed”) filed in

the Horry County Register of Deeds Office on April 6, 2006, at Book 3076, Page 634.

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 RELEVANT PROVISIONS OF THE SEA MIST MASTER DEED

18. Insofar as it is relevant to the assertions in this Complaint, Article 1 defines certain terms

in the Sea Mist Master Deed as follows:

a. 1.8. “Master Common Areas” shall mean and refer to those areas of the Land
which are described in Exhibit B attached hereto or which may be designated in
any supplement or amendment to this Declaration submitting additional property,
for the common use and enjoyment by the Owners, Unit Owners and Occupants
of the Development.,, The fee simple title to the Master Common Areas will be
held, subject to the terms of this Declaration, by Declarant until such times as the
same are conveyed to the Association in accordance herewith.

b. 1.19 "Master Common Easements" shall mean and refer to those areas of the Land
or a Building which are described on Exhibit C attached hereto or which may be
designated in any supplement or amendment to this Declaration for the purposes
of i) submitting Additional Property to this Declaration or, ii) designating or
redesignating Master Common Easements within a pre-existing Subordinate
Regime on portions of the common elements which are created on the pre-existing
Subordinate Regime as part of the submission of an additional phase or phases
within or on the common elements of the pre-existing Subordinate Regime. Such
future designation or redesignating of additional Master Common Easements on
the common elements of a pre-existing Subordinate Regime shall be deemed to
be the submission of Additional Property hereunder. All such Master Common
Easements shall be for the common use and enjoyment of the Owners, Unit
Owners and Occupants of the Development. The fee simple title to the Master
Common Easements shall be held by the Owners of the Parcel subject to the
Master Common Easement or by the Unit Owners of a Subordinate Regime
located on a Parcel, in common with other Unit Owners as a portion of the
common elements of such Subordinate Regime. The designation or redesignation
of Master Common Easements, including the removal of such designation from
certain items, improvements, facilities and amenities, in connection with the
submission of portions of the Development to a Subordinate Regime or as an
additional phase of a pre-existing phase of a Subordinate Regime are hereby
permitted. Future Master Common Easements may include, but shall not be
limited to easements over, through, under, across and upon roads, driveways,
walkways, sidewalks, beach access paths, street lighting, signage, pools, pool
areas, lazy rivers, water slides, saunas, wooden decks, volleyball courts, parking
garages or structures, stairways, hallways, lobbies, ballrooms, game rooms,
meeting rooms, exercise rooms, public restrooms, storage areas, elevators, sea
walls, irrigation systems, security systems, fire protection and alarm systems,
trash systems, landscaped areas, open spaces, exterior lighting, exterior surfaces
and non structural components of Buildings, or other components or parts of
Buildings which are designated as common elements under the Master Deed
creating the Subordinate Regime.

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 c. 1.11 “Declarant” shall mean and refer to Condo Conversions SM, LLC its
successors and assigned, provided, however, that this definition shall not include
the purchaser, owner or mortgagee of any Parcel or Unit, but only such party to
which such rights are specifically assigned.

d. 1.18 “Occupant” shall mean and refer to any person, including, without limitation,
any Unit Owners, Owner or guest, invitee, licensee, lessee, tenant, transient
paying guest, exchange guest or family member of an Unit Owner or Owner,
lawfully occupying or otherwise using a Unit or all or a portion of a Parcel within
the Development.

e. 1.23 “Subordinate Association” shall mean an association of Unit owners within

a Parcel subject to this Declaration created by a Subordinate Declaration to
provide for the orderly control, administration, maintenance, and management of
that Parcel or if a Parcel submitted to this Declaration is not submitted to a
horizontal property regime, the owner of the Parcel not submitted to the
Subordinate Association, shall be considered a Subordinate Association for
purposes of this Declaration.

f. 1.24 “Subordinate Declaration” shall mean and refer to any master deed recorded
with respect to any Parcel subject to this Declaration submitting that Parcel to the
provisions of the South Carolina Horizontal Property Act.

g. 1.25 “Subordinate Regime” shall mean a Horizontal Property Regime which is

established by the recording of a Master Deed submitting a Parcel which is subject
to this Declaration to the South Carolina Horizontal Property Act.

19. Article 2.7 of the Sea Mist Master Deed states in relevant part:

Subordinate Associations. Each Subordinate Declaration and

Subordinate Association shall be subject to the provisions of the
Declaration, the Association and the By-Laws of the
Association, and all rights, covenants, conditions and
easements therein shall be in addition to, but not in abrogation
or substation of, those imposed hereby.

20. Article 3.1 of the Sea Mist Master Deed additionally states:

Owner’s Right of Enjoyment in Master Common Areas and

Master Common Easements. Every Unit Owner, Owner and
Occupant of a Parcel or Unit subject to this Declaration shall
have the non-exclusive right, privilege and easement to the use
and enjoyment of the Master Common Areas and Master
Common Easements, and such easements shall be appurtenant
to and shall pass with title to every such Parcel or Unit subject

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 to the terms and conditions of this Declaration, the By-Laws of
the Association, and rules and regulations adopted by the Board
of Directors pursuant to said Bylaws.

21. Article 3.7.1 defines the right of the Declarant and association to:

[D]edicate any Master Common Area with or without

consideration to any governmental body, district agency or
authority or to any utility company, provided that, other than as
provided elsewhere in this Declaration, no such dedication,
transfer or conveyance shall adversely affect the use of the
Master Common Area by the Unit Owners, Owners or
Occupants.

22. Article 4.2 of the Sea Mist Master Deed additionally states:

Master Common Areas. Except as otherwise provided herein,

nothing shall be altered, constructed, or removed from the
Master Common Areas except on the written consent of the
Association.

23. Exhibit B to the Sea Mist Master Deed states that “There shall be no master Common

Area at the time of the initial filing of the Declaration.”

24. Exhibit D to the Sea Mist Master Deed contains the Bylaws which control governance

of the Master Association.

25. The Property is additionally subject to the Master Deed for Tides/Driftwood/Oasis

Horizontal Property Regime (hereinafter the “Tides Master Deed”) filed in the Horry County

Register of Deeds Office on April 6, 2006.

26. Defendants Gary Weatherford, Constance Doyle, Cameron Herpolshemer and Beverly

Shrake are the Directors of the Board of the Tides/Driftwood/Oasis Homeowners Association,

Inc.

RELEVANT PROVISIONS OF THE TIDES/DRIFTWOOD/OASIS MASTER DEED

27. Insofar as it is relevant to the assertions in this Complaint, Article XXXVI defines

certain terms in the Tides Master Deed as follows:

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a. “ASSOCIATION” means council of CO-Owners as defined by the Horizontal
Property Act and also means Tides/Driftwood/Oasis Homeowners’ Association,
Inc., the corporate form by which the council of CO-OWNERS shall operate
Tides/Driftwood/Oasis Horizontal Property Regime.

b. “COMMON ELEMENTS”, as the term is used herein, shall mean and comprise
all of the real property, easements, improvements and facilities of the
Condominium including, but not limited to, stairways, elevators, improvements
and facilities of the Condominium including, but not limited to, stairways,
elevators, hallways, pool equipment, telephone lines, television cables, utilities,
and interior loadbearing structures… as same are hereinabove defined or as
described elsewhere in this Master Deed and/or on the plans.

c. “COMMON ELEMENTS” further means and includes the elements described in

the Horizontal Property Regime Act, and in this Master Deed (including
Exhibits), as “COMMON ELEMENTS”.

d. LIMITED COMMON ELEMENTS, as the term is used herein shall mean and
comprise the following: (A) The surface areas, railings and/or walls of all balconies
accessible by normal means from the UNIT, immediately adjacent to the UNIT,
which are designed for the exclusive use and benefit of a single UNIT; (B) All water,
power, electricity, plumbing, gas and sewage lines located in the UNIT and serving
that particular UNIT; provided, however, that the portion of said lines located in a
common compartment for, or installation of, such lines shall be COMMON
ELEMENTS as described above; (C) service chutes, which shall be for the exclusive
use and benefit of COMMERCIAL UNIT CU-I; (D) all areas shown on the Plans as
LIMITED COMMON ELEMENTS appurtenant to a particular UNIT, including
without limitation the bridge and stairwell area serving the Penthouse UNIT as shown
on the plans, which are LIMITED COMMON ELEMENTS appurtenant to the
Penthouse UNIT; and (E) any other property or item described as a LIMITED
COMMON ELEMENT in Exhibit "B" to this Master Deed, including, without
limitation: (i) the perpetual, appurtenant, exclusive easement for advertising reserved
over the corridors, passageways, elevators, building exterior, parking areas and other
COMMON ELEMENTS for the exclusive use and benefit of COMMERCIAL UNIT
CU-1 and the OWNER thereof; (ii) the perpetual, appurtenant, exclusive easement
for food and beverage sales and the placement of tables and chairs reserved over the
pool decks, sun decks and other COMMON ELEMENTS for the exclusive use and
benefit of COMMERCIAL UNIT CU-1 and the OWNER thereof; (iii) the perpetual,
appurtenant, exclusive easement for the right to play live and recorded music reserved
over the pool decks, sun decks and other COMMON ELEMENTS for the exclusive
use and benefit of COMMERCIAL UNIT CU-1 and the OWNER thereof during the
times periods set forth in Article XVI hereof and (iv) the perpetual, appurtenant,
exclusive easement over the pool decks, except during limited periods, not to
exceed twelve ( 12) consecutive hours during which other UNIT Owners may be
excluded by the Owner of COMMERCIAL UNIT CU-1 for resort functions and
parties. Provided however, the Owner of COMMERCIAL UNIT CU-1 or its
agents, must post advance notice that a function will be held on such LIMITED
COMMON ELEMENTS in connection with the use and operation of

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 COMMERCIAL UNIT CU-1 in order to exclude such other UNIT Owners for
such limited periods. LIMITED COMMON ELEMENTS are intended for the
exclusive use and benefit of the UNIT with which it is associated. In all other
respects, and except as specifically provided in this Master Deed, LIMITED
COMMON ELEMENTS shall be treated as, and included within the definition of the
term "COMMON ELEMENTS". [Emphasis added].

28. Exhibit A to the Master Deed for Tides/Driftwood/Oasis Horizontal Property Regime

contains a non-exclusive, appurtenant easement for the purpose of “parking motorized vehicles

on and within the 508 number of parking spaces and/or structures which may now or hereafter

exist upon the above-referenced property”.

29. The parking easement established in the Property Description specifically states:

In no event, however, shall the provisions hereof be deemed to

imply any right or easement in favor of Tides/Driftwood/Oasis
Horizontal Property Regime for exclusive use of designated or
identified parking spaces. The right and easement to use the
parking spaces hereunder is deemed non-exclusive and in
common with others who may have the right and/or easement
to use such parking spaces, nor or in the future…
30. Exhibit B to the Master Deed for Tides/Driftwood/Oasis Horizontal Property Regime

contains a survey and “the Plans” of the Sea Mist Tides/Driftwood/Oasis Horizontal Property

Regime (hereinafter “the Plans”) which show graphically the dimensions, area and location of

each UNIT therein, and the dimensions, area and location of the COMMON ELEMENTS

affording access to each UNIT.

31. The Plans designate the Limited Common Area to Commercial Unit 1, Commercial Unit

1, and Commercial Unit 2. These designations are represented on the Plans by distinct line

patterns located within the boundaries of the space defined. Please see example below:

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32. The Plans designate the two elevators located in the lobby as being common area.

33. On or about March 31st, 2023, Defendant Beach Life Resort, LLC, sent a letter to all

condominium owners at the Property, attached hereto as Exhibit A, stating in relevant part:

As of March 15, 2023, Beach Life Resort has acquired the

property formally known as the Sea Mist
Tides/Driftwood/Oasis… The property will start the process of
rebrand[ing] to Beach Life Resort starting April 1, 2023. Sea
Mist Property rental clients will transfer to Beach Life property
management on 4/2/2023.

Any Homeowner that rents short term or long term or uses a 3rd
party rental company will need to pay a Commercial Resort Fee
to Beach Life Resort in the amount of $450.00 monthly per unit
by or before May 1, 2023, to have guest use of any Amenities
listed below. This agreement is year to year, once you end
payments the unit is not eligible for reinstatement until arrears
are paid in full…. The resort fee covers the commercial use of
the following:
• Parking Passes
• Pool
• Saunas
• Jacuzzi
• Key cards

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 • Elevators
• Luggage Carts.

34. Defendants have, in fact, prevented the use of the above referenced amenities by those

unit owners who do not utilize Defendant Beach Life Property Management, LLC as their

Property Management Agent.

35. Plaintiffs have suffered, and will continue to suffer, actual, consequential, and resulting

damages as a result of Defendants actions.

FOR A FIRST CAUSE OF ACTION

(Declaratory Judgment – All Named Defendants)

36. Plaintiffs hereby restate and reallege each and every allegation contained in the preceding

paragraphs as if fully set forth herein.

37. Plaintiffs have a clear contractual right, pursuant to the above cited governing documents

of both the Sea Mist Master HOA and the Tides/Driftwood/Oasis HOA, to the use and enjoyment

of the above cited amenities.

38. Defendants are attempting, ultra vires, to restrict and/or abolish the use of the above cited

amenities by Unit Owner(s), their immediate families, guests, licensees, and invitees.

39. An actual controversy exists between Plaintiffs and Defendants, and Plaintiffs therefore

requests that the Court determine the rights and obligations as to each party.

FOR A SECOND CAUSE OF ACTION

(Breach of Fiduciary Duty – Defendants Sea Mist HOA and Tides HOA)

40. Plaintiffs hereby restate and reallege each and every allegation contained in the preceding

paragraphs as if fully set forth herein.

41. The Board of Directors for Sea Mist HOA and Tides HOA are the regulatory bodies

responsible for governing the Property pursuant to the Master Deed, the Bylaws, and the

Covenants, Conditions, and Restrictions thereof.

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42. Defendants owed a fiduciary duty to the members of the Tides/Driftwood/Oasis

Homeowners Association members.

43. Defendants breached their fiduciary duty owed to association members.

44. Defendants actually and proximately caused damage to Plaintiffs.

45. As a result of Defendants’ actions, Plaintiffs have suffered actual, consequential, and

resulting damages in an amount to be determined by a trier of fact.

FOR A THIRD CAUSE OF ACTION

(Negligence/Gross Negligence – All Named Defendants)

46. Plaintiffs hereby restate and reallege each and every allegation contained in the preceding

paragraphs as if fully set forth herein.

47. Defendants owed certain duties to Plaintiffs, including to operate in good faith with the

care of an ordinarily prudent person in a like position.

48. Defendants have breached their duties of care and were negligent, grossly negligent, and

acted in a willful and wanton manner in failing to abide by the Master Deed and other governing

documents which bind Tides/Driftwood/Oasis Homeowners Association, Inc. and Sea Mist

Master Homeowners’ Association, Inc.

49. It was foreseeable that the acts and omissions of Defendants could cause Plaintiffs’

harm.

50. As a direct and proximate result of the above described, and other acts and/or omissions

on the part of Defendants, Plaintiffs have suffered actual, resulting, incidental, and

consequential damages in an amount to be determined at trial.

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 FOR A FOURTH CAUSE OF ACTION
(Violation of South Carolina Unfair Trade Practices Act – All Named Defendants)

51. Plaintiffs hereby restate and reallege each and every allegation contained in the preceding

paragraphs as if fully set forth herein.

52. Defendants’ actions of failing to perform their fiduciary duties pursuant to the Master

Deed and other governing documents and applicable law, breach of contract, and negligence

constitute an unfair or deceptive trade practice pursuant to S.C. Code Ann. § 39-5-10.

53. Defendants’ actions are capable of repetition and affect the public interest.

54. As a direct and proximate result of Defendants’ violation of the South Carolina Unfair

Trade Practices Act, Plaintiffs have suffered actual, consequential, and resulting damages in an

amount to be determined by the trier of fact.

FOR A FIFTH CAUSE OF ACTION

(Breach of Contract – All Named Defendants)

55. Plaintiffs hereby restate and reallege each and every allegation contained in the

preceding paragraphs as if fully set forth herein.

56. The Master Deeds and Covenants, Conditions, and Restrictions of Sea Mist Master

Homeowners’ Association, Inc. and Tides/Driftwoods/Oasis Homeowners Association, Inc.

constitutes a valid and binding agreement between Plaintiffs and Defendants.

57. Defendants breached multiple provisions within the Master Deed and other governing

documents of the Associations.

58. Due to Defendants’ breaches, Plaintiffs have suffered actual, consequential, and

resulting damages in an amount to be determined by a trier of fact.

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 FOR A SIXTH CAUSE OF ACTION
(Intentional Interference with a Contract)

59. Plaintiffs hereby restate and reallege each and every allegation contained in the

preceding paragraphs as if fully set forth herein.

60. Defendants know, or should know, that Plaintiffs have active contracts for the rental of

their Units.

61. Included in these contracts are express and implied rights granted to the tenant for the

use and enjoyment of the Unit and the amenities.

62. Defendants have intentionally interfered with the contracts to their benefit and to the

intentional damage/injury of the Plaintiffs.

63. Defendants’ actions were willful, wanton, malicious, and intentional and were for the

purpose of procuring direct financial gain to Defendants and to the detriment of Plaintiffs.

64. As a result of Defendants’ actions, Plaintiffs have suffered actual, consequential, and

resulting damages in an amount to be determined by a trier of fact.

65. Plaintiffs are entitled to reasonable attorney’s fees and punitive damages.

FOR A SEVENTH CAUSE OF ACTION

(Civil Conspiracy – All Defendants)

66. Plaintiffs hereby restate and reallege each and every allegation contained in the

preceding paragraphs as if fully set forth herein.

67. Defendants agreed, between and among themselves, to engage in actions and a course

of conduct designed to further an illegal act or accomplish an illegal act by unlawful means, and

to commit one or more overt acts in furtherance of the conspiracy to defraud the Plaintiffs.

68. The actions of the Defendants were committed intentionally, willfully, wantonly, and

with reckless disregard for the rights of the Plaintiff.

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69. As a direct and proximate result of the actions of the Defendants in combination resulting

in breaches of fiduciary duties, negligence, and intentional interference with contracts, Plaintiffs

have suffered damages.

70. As a result of Defendants’ actions, Plaintiffs have suffered actual, consequential, and

resulting damages in an amount to be determined by a trier of fact.

71. Upon information and belief, Plaintiffs are entitled to an award of punitive damages and

reasonable attorney’s fees arising from Defendants’ actions.

FOR AN EIGHTH CAUSE OF ACTION

(Piercing the Corporate Veil – Board of Directors of Tides/Oasis/Driftwoods
Homeowners Association, Inc.)

72. Plaintiffs hereby restate and reallege each and every allegation contained in the

preceding paragraphs as if fully set forth herein.

73. Defendant Gary Weatherford, Defendant Constance Doly, Defendant Cameron

Herpolshemer, and Defendant Beverly Shrake have co-mingled Association funds with accounts

unrelated to the Association including without limitation accounts of co-Defendants Beach Life

Resort, LLC and Beach Life Property Management, LLC.

74. Above-referenced Defendants have failed to adequately keep corporate records.

75. Above-referenced Defendants’ actions were for the purpose of direct or indirect financial

gain and to the detriment of the Association.

76. Failure to hold the individual Board members individually liable will result in injustice or

fundamental unfairness.

77. As a result of Defendants actions, Plaintiffs have suffered actual, consequential, and

resulting damages in an amount to be determined by a trier of fact.

Page 16 of 18
 FOR A NINTH CAUSE OF ACTION
(Injunction – Temporary and Permanent)

78. Plaintiffs hereby restate and reallege each and every allegation contained in the

preceding paragraphs as if fully set forth herein.

79. Defendants’ actions of preventing Plaintiffs’ guests, licensees, and invitees pose a

substantial threat to Plaintiffs interests in the Property and financial well-being.

80. As set forth above, Plaintiffs maintains that injunctive relief is reasonably necessary to

preserve the rights of Plaintiffs, especially during the process of litigation.

81. Plaintiffs will suffer immediate, irreparable harm without injunctions. This is a time

sensitive matter and immediate attention is required in order to prevent continued interference with

contractual rights and obligations.

82. Plaintiffs have an extremely high likelihood of success on the merits. Plaintiffs’ rights to

utilize the Property, as discussed above, are clearly set out in the governing documents of both

Associations and have been infringed upon by Defendants.

83. Plaintiffs have limited methods of recourse, as Defendants are currently in possession and

control of practically all of the Associations’ common property by way of a security team paid for

by the Tides/Driftwood/Oasis Homeowners’ Association, Inc. for the benefit of the same. Given

the time sensitive nature of short-term rentals, Plaintiffs stand to lose substantial future profits,

good will, and property valuation should an injunction not be immediately granted.

84. Thus, Plaintiffs petition this Court to grant Plaintiffs’ injunction and require Defendants to

allow Plaintiffs, their guests, licensees, and invitees, to utilize the same amenities and services as

those homeowners which do not rent or which use Defendant Beach Life Property Management,

LLC as their rental agent.

Page 17 of 18
 WHEREFORE, Plaintiffs pray for a temporary and permanent injunction and certain

restraining orders; Plaintiffs pray that the Court inquire into the matters set forth above, enter a

Declaratory Judgment in Plaintiffs’ favor, and against Defendants, finding that Defendants have

an obligation to immediately allow the use and enjoyment of all Unit owners, their guests, families,

licensees, and invitees, to Parking Passes, Pool, Saunas, Jacuzzi, Key cards, Elevators, Luggage

Carts, and request a judgment in Plaintiffs’ favor, and against Defendants, jointly and severally,

for actual, consequential, resulting, and punitive damages and to treble their actual damages

pursuant to S.C. Code Ann § 39-5-10, for costs, attorney’s fees, and any other relief that this court

may deem just and proper.

Respectfully submitted,
WINLSOW LAW, LLC.

s/ Jamie W. Morehead
Jamie W. Morehead (S.C. Bar 105215)
Thomas W. Winslow (S.C. Bar 73584)
11019 Ocean Hwy
Pawleys Island, SC 29585
T: (843) 357-9301
F: (843) 357-9303
jamie@winslowlawyers.com
tom@winslowlawyers.com
ATTORNEYS FOR PLAINTIFFS

May 4, 2023
Pawleys Island, South Carolina

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