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STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
) FOR THE 14'™ JUDICIAL CIRCUIT
COUNTY OF BEAUFORT ) CIVIL ACTION #: 2023-CP-07-
Spa on Port Royal Sound Horizontal
Property Regime, Inc.,
Plaintiff,
Summons
vs.
Carles and Dottie Helmandollar; U.S.
Bank, N.A.,
Defendant.
TO: Carles and Dottie Helmandollar; U.S. Bank, N.A.
YOU ARE HEREBY SUMMONED and required to answer the Complaint herein, a copy
of which is herewith served upon you, and to serve a copy of your answer to said Complaint upon
the subscriber, Scott M. Wild, Esquire, in his office at Law Office of Scott M. Wild, LLC, P.O.
Box 6867, Hilton Head Island, South Carolina 29938 (mailing) or 37 New Orleans Road, Suite F,
Hilton Head Island, South Carolina 29928 (physical) within thirty (30) days after the service hereof
and sixty (60) days if you are the United States of America, exclusive of the day of such service,
and if you fail to answer such Complaint within the time aforesaid, the Plaintiff herein, Spa on
Port Royal Sound Horizontal Property Regime, Inc. (hereinafter, “Plaintiff’), will apply to the
Court for the relief demanded in the Complaint and judgment by default may be rendered against
you.
TO MINOR(S) OVER FOURTEEN YEARS OF AGE, AND/OR TO MINOR(S) UNDER
FOURTEEN YEARS OF AGE AND THE PERSON WITH WHOM THE MINOR(S) RESIDE,
AND/OR TO PERSONS UNDER SOME LEGAL DISABILITY:
Page 1 of 2
TO PERSONS IN THE SERVICE OF THE MILITARY OF THE UNITED STATES OF
AMERICA AS CONTEMPLATED BY THE SERVICEMEMBERS CIVIL RELIEF ACT, 50
U.S.C. ANN. § 501, ET SEQ. (AS AMENDED):
YOU ARE HEREBY FURTHER SUMMONED AND NOTIFIED to apply for the
appointment of a Guardian Ad Litem or Attorney within thirty (30) days after the service of this
Summons and Complaint upon you. If you fail to do so, the undersigned shall make application
for such appointment.
LAW OFFICE OF SCOTT M. WILD, LLC
By: s/Scott M. Wild
SC Bar # 76528
Attorney for the Plaintiff
Post Office Box 6867
Hilton Head Island, SC 29938
(843) 785-9453
cott@wildlawfirm.com
Dated this 2"4 day of October, 2023,
Hilton Head Island, Beaufort County, South Carolina.
Page 2 of 2
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
) FOR THE 14™ JUDICIAL CIRCUIT
COUNTY OF BEAUFORT ) CIVIL ACTION #: 2023-CP-07-.
Spa on Port Royal Sound Horizontal
Property Regime, Inc.,
Plaintiff, Complaint
(Non-Jury Matter)
vs.
Carles and Dottie Helmandollar; U.S.
Bank, N.A,,
Defendants.
COMES NOW the Plaintiff, Spa on Port Royal Sound Horizontal Property Regime, Inc.
(hereinafter, “Plaintiff’), reserving all rights to amend this Complaint in accordance with the South
Carolina Rules of Civil Procedure, and would respectfully show the following unto this Honorable
Court:
PARTIES
1 Plaintiff is a duly organized horizontal property regime and/or owners association operating
as a nonprofit corporate entity under the laws of the State of South Carolina, is authorized to do
business in Beaufort County, and is charged with administering the affairs of the Spa on Port Royal
Sound Horizontal Property Regime (hereinafter, the “Regime”) in the Town of Hilton Head Island,
Beaufort County, South Carolina.
2; Upon information and belief, Defendants herein, Carles and Dottie Helmandollar
(hereinafter, “the Helmandollars”) are residents of Beaufort County, South Carolina, and who are the
owners of certain real property (hereinafter, the “Property”) located in Beaufort County, South
Carolina that is the subject of this action with an address of 239 Beach City Road, Apartment 3217,
Page 1 of 9
Hilton Head Island, SC 29926 and described in more detail below.
2
3 U.S. Bank, National Association (hereinafter, “U.S. Bank”) is a foreign for-profit corporate
banking entity organized existing under the laws of the State of Delaware, but which is registered to
do business in the State of South Carolina, more particularly in Beaufort County, and is named
hereto by virtue of any rights as a mortgagee or loan servicer for a mortgagee pertaining to the
Property.
JURISDICTION & VENUE
4 Plaintiff hereby reiterates and restates the entirety of each and every allegation of the
foregoing paragraphs as if set forth verbatim herein.
5 The parties and this matter are properly before the Fourteenth Judicial Circuit of the State of
South Carolina. Plaintiffa duly organized horizontal property regime and/or owners association
charged with the administration of the Regime described herein according to the Master Deed of the
Spa on Port Royal Sound Horizontal Property Regime dated August 22, 1984 and recorded on
August 30, 1984 in the Office of the Register of Deeds for Beaufort County, South Carolinain Deed
Book 402 at Pages 629-700, and all amendments thereto and re-recordings thereof (hereinafter,
collectively, the “Master Deed”), and the Property is located in Beaufort County, South Carolina.
CONDITIONS PRECEDENT
6 Plaintiff hereby reiterates and restates the entirety of each and every allegation of the
foregoing paragraphs as if set forth verbatim herein.
7 All conditions precedent to recovery and filing of this suit are the natural, probable, and
foreseeable cause of the damages complained of herein.
FACTUAL BACKGROUND
8 Plaintiff hereby reiterates and restates the entirety of each and every allegation of the
Page 2 of 9
foregoing paragraphs as if set forth verbatim herein.
9 This is an action for breach of contract, unjust enrichment, declaratory judgment and
foreclosure.
10. The within action covers the Property that is located in Beaufort County, South Carolina and
which is described as follows:
ALL that certain apartment situate, lying and being on Hilton Head Island,
Beaufort County, South Carolina, known as Apartment 3217, THE SPA on
PORT ROYAL SOUND HORIZONTAL PROPERTY REGIME, Phase Il, a
Horizontal Property Regime established pursuant to the South Carolina
Horizontal Property Act, Title 27, Chapter 31, Code of Laws of South
Carolina (1976), and submitted by Master Deed dated August 22, 1984, and
recorded August 30, 1984, in the Office of the Register of Deeds for Beaufort
County, South Carolina in Deed Book 402 at Page 629, and all amendments
thereto.
TMS #: R510 005 000 008B 3217
Address: 239 Beach City Road #3217
Hilton Head Island, SC 29926
11. From October 4, 2018 to present, the Helmandollars have owned the Property, as evidenced
by the Title to Real Estate recorded on October 8, 2018 with the Office of the Register of Deeds for
Beaufort County, South Carolina in Deed Book 3705 at Page 3050, a copy of which deed is attached
hereto as Exhibit “A”.
12. Said Property is subject to all provisions, restrictions, covenants, conditions, and affirmative
obligations contained in the Master Deed, and any amendments thereto, which have been in full
force and effect at all times herein.
13. Assessments, fees and/or insurance fees and/or other charges established under the Master
Deed are adopted for, assessed to, and applied against each property in the Regime for the purpose of
obtaining insurance coverage and paying such expenses incurred in operating, maintaining, altering,
modifying, improving, repairing, and replacing the common elements of the Regime in accordance
Page 3 of 9
with the Master Deed.
14. Upon obtaining ownership of the Property, pursuant to the Master Deed and applicable state
law, the Helmandollars became personally obligated to pay all assessments, fines, charges, levies,
and demands of Plaintiff intended for use on the common element and common expenses, among
other things.
15. Upon information and belief, the Helmandollars are delinquent in assessments, fines,
charges, levies, and demands of Plaintiff.
16. A Notice and Certificate of Lien for Unpaid Assessments was recorded April 28, 2023 with
the Office of the Register of Deeds for Beaufort County, South Carolina, in Lien Book 155 at Pages
2207-2210, a copy of which is attached hereto as “Exhibit “B”.
17. According to the Master Deed, the Helmandollars are responsible for those fees referenced
above, late fees, and administrative fees that have accrued and will continue to accrue as determined
by the Master Deed, plus attorney fees in association with collection on this account, costs of this
action in accordance with the same, and court/legal expenses.
18. Upon information and belief the property is not the Helmandollars’ primary residence and is
an income property.
19. As of October 2, 2023, the amount due and owing Plaintiff in assessments, fines, late
charges, and/or other valid charges on this account, exclusive of attorney fees, costs and expenses, is
Seven Thousand Two Hundred Ninety-Six and 33/100"* Dollars ($7,296.33). A copy of a recent
account statement is attached hereto as Exhibit “C”.!
20. According to the Master Deed, Plaintiff may foreclose its lien upon the Property for the
Helmandollar’s failure to pay sums due.
' There are other unposted fees, legal fees, and accruing fees on this account that may not be reflected on this statement.
Page 4 of 9
21. Plaintiff believes it is entitled to a judgment against the Helmandollars in the amount to be
proven at trial, including any additional assessments, charges, court costs, administrative charges,
and all attorney fees subsequently accruing or charged thereto until the account is paid in full.
22. Any and all fines charged to the Helmandollars’s account are valid fines arising from actual
Master Deed violations of property use restrictions or obligations.
23. Attached hereto as Exhibit “D” is a copy of the rights of the Helmandollars under the Fair
Debt Collections Practices Act and other disclosures regthe Helmandollarsing rights as a debtor
FOR A FIRST CAUSE OF ACTION
Lien Foreclosure
24, Plaintiff hereby reiterates and restates the entirety of each and every allegation of the
foregoing paragraphs as if set forth verbatim herein.
25. Upon information and belief, the Helmandollars owns the Property that is the subject of this
action more fully described above, and which is located at the Spa on Port Royal Sound Horizontal
Property Regime, Beaufort County, South Carolina.
26. The Helmandollars have failed to pay sums due to Plaintiff as required by the Master Deed.
27. Plaintiff has a lien against the Property described above that entitles it to foreclose upon the
Property for the Helmandollars’s failure to pay sums due.
28. The Helmandollars’ failure to pay has damaged Plaintiff in an amount to be set forth at trial.
29. Plaintiff is entitled to foreclose its lien under the Master Deed and South Carolina law.
FOR A SECOND CAUSE OF ACTION
Breach of Contract (Master Deed)
30. Plaintiff hereby reiterates and restates the entirety of each and every allegation of the
foregoing paragraphs as if set forth verbatim herein.
Page 5 of 9
31. The Helmandollars did in fact enter into an agreement with the Plaintiff in Beaufort County,
South Carolina, whereby the same agreed to pay Plaintiff on open account for fees, fines, dues,
assessments, as well as other valid charges described in this Complaint, at its express order and
request.
32. The Helmandollars have not made sufficient payment on the aforesaid account as set forth
above.
33. Plaintiff has fully performed all duties and obligations on its part owed pursuant to the
Master Deed.
34. The failure of the Helmandollars to pay has damaged Plaintiff in amounts to be set forth at
trial.
35. Plaintiff is informed and believes that, by virtue of and as a direct consequence of the failure
and refusal of the Helmandollars to pay sums owed, the same breached the aforesaid agreement,
is/are now in default, and Plaintiff is entitled to Judgment against the Helmandollars for the above-
stated amounts and accruing fees, including the costs and disbursements of this action,
administrative charges, and all attorney fees subsequently accruing or charged thereto until the
account is paid in full.
FOR A THIRD CAUSE OF ACTION
Unjust Enrichment
36. Plaintiff hereby reiterates and restates the entirety of each and every allegation of the
foregoing paragraphs as if set forth verbatim herein.
37. Plaintiff bestowed, and the Helmandollars received, a non-gratuitous benefit that would be
unjust for the Helmandollars to retain without requiring the same to pay a fair price for the services
rendered and benefits bestowed upon the Helmandollars, and Plaintiff is entitled to a judgment in
that amount.
Page 6 of 9
38. The failure of the Helmandollars to pay has damaged Plaintiff in amounts to be set forth at
trial.
FOR A FOURTH CAUSE OF ACTION
Declaratory Judgment
39. Plaintiff hereby reiterates and restates the entirety of each and every allegation of the
foregoing paragraphs as if set forth verbatim herein.
40. Upon information and belief, Plaintiff is entitled to a declaratory judgment that this action is
not a mortgage foreclosure.
4l. Upon information and belief, Plaintiff is entitled to a declaratory judgment that the
underlying debt is not as a result of a loan.
42. Upon information and belief, Plaintiff is entitled to a declaratory judgment that the fine
structure adopted by the Association is valid under the Master Deed.
43. Upon information and belief, Plaintiff is entitled to a declaratory judgment that the CARES
Act does not apply to non-mortgage foreclosures.
WHEREFORE, Plaintiff prays that this Honorable Court inquire into the matters set
forth herein, and that it render judgment as follows:
A That the amount due and owing under the terms and conditions of the Master Deed be
ascertained and determined under the direction of the Court together with all costs and
disbursements of this action and attorney’s fees, and that a judgment be granted to Plaintiff against
the Helmandollars in that amount;
B That Plaintiff's lien priority be determined, and that Plaintiff have judgment for
foreclosure;
G That the premises be sold under the direction of the Court, that the equity of
redemption of the Helmandollars, and of any person or entity claiming right, title, estate lien or
Page 7 of 9
interest in or upon the liened premises junior to Plaintiff s interest be foreclosed and forever barred;
and that the proceeds from the sale be applied:
FIRST: To the costs of the sale, including any Clerk's or Master's commission:
SECOND: To the payment and discharge of any amounts found be due and owing
Plaintiff, together with the costs and disbursements of this action and
reasonable attorneys fees; and
THIRD: That the surplus, if any, be held and distributed according to the laws of this
State.
D. That the Sheriff of Beaufort County, South Carolina is directed to place the successful
purchaser at said foreclosure sale in possession of the property should the same be necessary.
E. That, in the alternative, Plaintiff is entitled to a judgment against the Helmandollars
under theory of unjust enrichment.
F. That this action is not a mortgage foreclosure.
G. That the underlying debt is not as a result of a loan.
The fine structure adopted by the Association is valid under the Master Deed.
The fines and/or late charges assessed against the Helmandollars are valid.
That the CARES Act does not apply to non-mortgage foreclosures.
For any and all other and further relief as this Honorable Court may deem just,
proper, and appropriate under the circumstances.
Page 8 of 9
LAW OFFICE OF SCOTT M. WILD, LLC
By: s/Scott M. Wild
SC Bar # 76528
Attomey for the Plaintiff
P.O. Box 6867
Hilton Head Island, SC 29938
(843) 785-9453
cott@wildlawfirm.com
Dated this 2" day of October, 2023,
Hilton Head Island, Beaufort County, South Carolina.
Page 9 of 9
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STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) FOR THE 14'™ JUDICIAL CIRCUIT COUNTY OF BEAUFORT ) CIVIL ACTION #: 2023-CP-07- Spa on Port Royal Sound Horizontal Property Regime, Inc., Plaintiff, Summons vs. Carles and Dottie Helmandollar; U.S. Bank, N.A., Defendant. TO: Carles and Dottie Helmandollar; U.S. Bank, N.A. YOU ARE HEREBY SUMMONED and required to answer the Complaint herein, a copy of which is herewith served upon you, and to serve a copy of your answer to said Complaint upon the subscriber, Scott M. Wild, Esquire, in his office at Law Office of Scott M. Wild, LLC, P.O. Box 6867, Hilton Head Island, South Carolina 29938 (mailing) or 37 New Orleans Road, Suite F, Hilton Head Island, South Carolina 29928 (physical) within thirty (30) days after the service hereof and sixty (60) days if you are the United States of America, exclusive of the day of such service, and if you fail to answer such Complaint within the time aforesaid, the Plaintiff herein, Spa on Port Royal Sound Horizontal Property Regime, Inc. (hereinafter, “Plaintiff’), will apply to the Court for the relief demanded in the Complaint and judgment by default may be rendered against you. TO MINOR(S) OVER FOURTEEN YEARS OF AGE, AND/OR TO MINOR(S) UNDER FOURTEEN YEARS OF AGE AND THE PERSON WITH WHOM THE MINOR(S) RESIDE, AND/OR TO PERSONS UNDER SOME LEGAL DISABILITY: Page 1 of 2 TO PERSONS IN THE SERVICE OF THE MILITARY OF THE UNITED STATES OF AMERICA AS CONTEMPLATED BY THE SERVICEMEMBERS CIVIL RELIEF ACT, 50 U.S.C. ANN. § 501, ET SEQ. (AS AMENDED): YOU ARE HEREBY FURTHER SUMMONED AND NOTIFIED to apply for the appointment of a Guardian Ad Litem or Attorney within thirty (30) days after the service of this Summons and Complaint upon you. If you fail to do so, the undersigned shall make application for such appointment. LAW OFFICE OF SCOTT M. WILD, LLC By: s/Scott M. Wild SC Bar # 76528 Attorney for the Plaintiff Post Office Box 6867 Hilton Head Island, SC 29938 (843) 785-9453 cott@wildlawfirm.com Dated this 2"4 day of October, 2023, Hilton Head Island, Beaufort County, South Carolina. Page 2 of 2 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) FOR THE 14™ JUDICIAL CIRCUIT COUNTY OF BEAUFORT ) CIVIL ACTION #: 2023-CP-07-. Spa on Port Royal Sound Horizontal Property Regime, Inc., Plaintiff, Complaint (Non-Jury Matter) vs. Carles and Dottie Helmandollar; U.S. Bank, N.A,, Defendants. COMES NOW the Plaintiff, Spa on Port Royal Sound Horizontal Property Regime, Inc. (hereinafter, “Plaintiff’), reserving all rights to amend this Complaint in accordance with the South Carolina Rules of Civil Procedure, and would respectfully show the following unto this Honorable Court: PARTIES 1 Plaintiff is a duly organized horizontal property regime and/or owners association operating as a nonprofit corporate entity under the laws of the State of South Carolina, is authorized to do business in Beaufort County, and is charged with administering the affairs of the Spa on Port Royal Sound Horizontal Property Regime (hereinafter, the “Regime”) in the Town of Hilton Head Island, Beaufort County, South Carolina. 2; Upon information and belief, Defendants herein, Carles and Dottie Helmandollar (hereinafter, “the Helmandollars”) are residents of Beaufort County, South Carolina, and who are the owners of certain real property (hereinafter, the “Property”) located in Beaufort County, South Carolina that is the subject of this action with an address of 239 Beach City Road, Apartment 3217, Page 1 of 9 Hilton Head Island, SC 29926 and described in more detail below. 2 3 U.S. Bank, National Association (hereinafter, “U.S. Bank”) is a foreign for-profit corporate banking entity organized existing under the laws of the State of Delaware, but which is registered to do business in the State of South Carolina, more particularly in Beaufort County, and is named hereto by virtue of any rights as a mortgagee or loan servicer for a mortgagee pertaining to the Property. JURISDICTION & VENUE 4 Plaintiff hereby reiterates and restates the entirety of each and every allegation of the foregoing paragraphs as if set forth verbatim herein. 5 The parties and this matter are properly before the Fourteenth Judicial Circuit of the State of South Carolina. Plaintiffa duly organized horizontal property regime and/or owners association charged with the administration of the Regime described herein according to the Master Deed of the Spa on Port Royal Sound Horizontal Property Regime dated August 22, 1984 and recorded on August 30, 1984 in the Office of the Register of Deeds for Beaufort County, South Carolinain Deed Book 402 at Pages 629-700, and all amendments thereto and re-recordings thereof (hereinafter, collectively, the “Master Deed”), and the Property is located in Beaufort County, South Carolina. CONDITIONS PRECEDENT 6 Plaintiff hereby reiterates and restates the entirety of each and every allegation of the foregoing paragraphs as if set forth verbatim herein. 7 All conditions precedent to recovery and filing of this suit are the natural, probable, and foreseeable cause of the damages complained of herein. FACTUAL BACKGROUND 8 Plaintiff hereby reiterates and restates the entirety of each and every allegation of the Page 2 of 9 foregoing paragraphs as if set forth verbatim herein. 9 This is an action for breach of contract, unjust enrichment, declaratory judgment and foreclosure. 10. The within action covers the Property that is located in Beaufort County, South Carolina and which is described as follows: ALL that certain apartment situate, lying and being on Hilton Head Island, Beaufort County, South Carolina, known as Apartment 3217, THE SPA on PORT ROYAL SOUND HORIZONTAL PROPERTY REGIME, Phase Il, a Horizontal Property Regime established pursuant to the South Carolina Horizontal Property Act, Title 27, Chapter 31, Code of Laws of South Carolina (1976), and submitted by Master Deed dated August 22, 1984, and recorded August 30, 1984, in the Office of the Register of Deeds for Beaufort County, South Carolina in Deed Book 402 at Page 629, and all amendments thereto. TMS #: R510 005 000 008B 3217 Address: 239 Beach City Road #3217 Hilton Head Island, SC 29926 11. From October 4, 2018 to present, the Helmandollars have owned the Property, as evidenced by the Title to Real Estate recorded on October 8, 2018 with the Office of the Register of Deeds for Beaufort County, South Carolina in Deed Book 3705 at Page 3050, a copy of which deed is attached hereto as Exhibit “A”. 12. Said Property is subject to all provisions, restrictions, covenants, conditions, and affirmative obligations contained in the Master Deed, and any amendments thereto, which have been in full force and effect at all times herein. 13. Assessments, fees and/or insurance fees and/or other charges established under the Master Deed are adopted for, assessed to, and applied against each property in the Regime for the purpose of obtaining insurance coverage and paying such expenses incurred in operating, maintaining, altering, modifying, improving, repairing, and replacing the common elements of the Regime in accordance Page 3 of 9 with the Master Deed. 14. Upon obtaining ownership of the Property, pursuant to the Master Deed and applicable state law, the Helmandollars became personally obligated to pay all assessments, fines, charges, levies, and demands of Plaintiff intended for use on the common element and common expenses, among other things. 15. Upon information and belief, the Helmandollars are delinquent in assessments, fines, charges, levies, and demands of Plaintiff. 16. A Notice and Certificate of Lien for Unpaid Assessments was recorded April 28, 2023 with the Office of the Register of Deeds for Beaufort County, South Carolina, in Lien Book 155 at Pages 2207-2210, a copy of which is attached hereto as “Exhibit “B”. 17. According to the Master Deed, the Helmandollars are responsible for those fees referenced above, late fees, and administrative fees that have accrued and will continue to accrue as determined by the Master Deed, plus attorney fees in association with collection on this account, costs of this action in accordance with the same, and court/legal expenses. 18. Upon information and belief the property is not the Helmandollars’ primary residence and is an income property. 19. As of October 2, 2023, the amount due and owing Plaintiff in assessments, fines, late charges, and/or other valid charges on this account, exclusive of attorney fees, costs and expenses, is Seven Thousand Two Hundred Ninety-Six and 33/100"* Dollars ($7,296.33). A copy of a recent account statement is attached hereto as Exhibit “C”.! 20. According to the Master Deed, Plaintiff may foreclose its lien upon the Property for the Helmandollar’s failure to pay sums due. ' There are other unposted fees, legal fees, and accruing fees on this account that may not be reflected on this statement. Page 4 of 9 21. Plaintiff believes it is entitled to a judgment against the Helmandollars in the amount to be proven at trial, including any additional assessments, charges, court costs, administrative charges, and all attorney fees subsequently accruing or charged thereto until the account is paid in full. 22. Any and all fines charged to the Helmandollars’s account are valid fines arising from actual Master Deed violations of property use restrictions or obligations. 23. Attached hereto as Exhibit “D” is a copy of the rights of the Helmandollars under the Fair Debt Collections Practices Act and other disclosures regthe Helmandollarsing rights as a debtor FOR A FIRST CAUSE OF ACTION Lien Foreclosure 24, Plaintiff hereby reiterates and restates the entirety of each and every allegation of the foregoing paragraphs as if set forth verbatim herein. 25. Upon information and belief, the Helmandollars owns the Property that is the subject of this action more fully described above, and which is located at the Spa on Port Royal Sound Horizontal Property Regime, Beaufort County, South Carolina. 26. The Helmandollars have failed to pay sums due to Plaintiff as required by the Master Deed. 27. Plaintiff has a lien against the Property described above that entitles it to foreclose upon the Property for the Helmandollars’s failure to pay sums due. 28. The Helmandollars’ failure to pay has damaged Plaintiff in an amount to be set forth at trial. 29. Plaintiff is entitled to foreclose its lien under the Master Deed and South Carolina law. FOR A SECOND CAUSE OF ACTION Breach of Contract (Master Deed) 30. Plaintiff hereby reiterates and restates the entirety of each and every allegation of the foregoing paragraphs as if set forth verbatim herein. Page 5 of 9 31. The Helmandollars did in fact enter into an agreement with the Plaintiff in Beaufort County, South Carolina, whereby the same agreed to pay Plaintiff on open account for fees, fines, dues, assessments, as well as other valid charges described in this Complaint, at its express order and request. 32. The Helmandollars have not made sufficient payment on the aforesaid account as set forth above. 33. Plaintiff has fully performed all duties and obligations on its part owed pursuant to the Master Deed. 34. The failure of the Helmandollars to pay has damaged Plaintiff in amounts to be set forth at trial. 35. Plaintiff is informed and believes that, by virtue of and as a direct consequence of the failure and refusal of the Helmandollars to pay sums owed, the same breached the aforesaid agreement, is/are now in default, and Plaintiff is entitled to Judgment against the Helmandollars for the above- stated amounts and accruing fees, including the costs and disbursements of this action, administrative charges, and all attorney fees subsequently accruing or charged thereto until the account is paid in full. FOR A THIRD CAUSE OF ACTION Unjust Enrichment 36. Plaintiff hereby reiterates and restates the entirety of each and every allegation of the foregoing paragraphs as if set forth verbatim herein. 37. Plaintiff bestowed, and the Helmandollars received, a non-gratuitous benefit that would be unjust for the Helmandollars to retain without requiring the same to pay a fair price for the services rendered and benefits bestowed upon the Helmandollars, and Plaintiff is entitled to a judgment in that amount. Page 6 of 9 38. The failure of the Helmandollars to pay has damaged Plaintiff in amounts to be set forth at trial. FOR A FOURTH CAUSE OF ACTION Declaratory Judgment 39. Plaintiff hereby reiterates and restates the entirety of each and every allegation of the foregoing paragraphs as if set forth verbatim herein. 40. Upon information and belief, Plaintiff is entitled to a declaratory judgment that this action is not a mortgage foreclosure. 4l. Upon information and belief, Plaintiff is entitled to a declaratory judgment that the underlying debt is not as a result of a loan. 42. Upon information and belief, Plaintiff is entitled to a declaratory judgment that the fine structure adopted by the Association is valid under the Master Deed. 43. Upon information and belief, Plaintiff is entitled to a declaratory judgment that the CARES Act does not apply to non-mortgage foreclosures. WHEREFORE, Plaintiff prays that this Honorable Court inquire into the matters set forth herein, and that it render judgment as follows: A That the amount due and owing under the terms and conditions of the Master Deed be ascertained and determined under the direction of the Court together with all costs and disbursements of this action and attorney’s fees, and that a judgment be granted to Plaintiff against the Helmandollars in that amount; B That Plaintiff's lien priority be determined, and that Plaintiff have judgment for foreclosure; G That the premises be sold under the direction of the Court, that the equity of redemption of the Helmandollars, and of any person or entity claiming right, title, estate lien or Page 7 of 9 interest in or upon the liened premises junior to Plaintiff s interest be foreclosed and forever barred; and that the proceeds from the sale be applied: FIRST: To the costs of the sale, including any Clerk's or Master's commission: SECOND: To the payment and discharge of any amounts found be due and owing Plaintiff, together with the costs and disbursements of this action and reasonable attorneys fees; and THIRD: That the surplus, if any, be held and distributed according to the laws of this State. D. That the Sheriff of Beaufort County, South Carolina is directed to place the successful purchaser at said foreclosure sale in possession of the property should the same be necessary. E. That, in the alternative, Plaintiff is entitled to a judgment against the Helmandollars under theory of unjust enrichment. F. That this action is not a mortgage foreclosure. G. That the underlying debt is not as a result of a loan. The fine structure adopted by the Association is valid under the Master Deed. The fines and/or late charges assessed against the Helmandollars are valid. That the CARES Act does not apply to non-mortgage foreclosures. For any and all other and further relief as this Honorable Court may deem just, proper, and appropriate under the circumstances. Page 8 of 9 LAW OFFICE OF SCOTT M. WILD, LLC By: s/Scott M. Wild SC Bar # 76528 Attomey for the Plaintiff P.O. Box 6867 Hilton Head Island, SC 29938 (843) 785-9453 cott@wildlawfirm.com Dated this 2" day of October, 2023, Hilton Head Island, Beaufort County, South Carolina. Page 9 of 9