South Carolina HOAs and the Law
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- čas přidán 7. 09. 2024
- This webinar presented was presented on March 7, 2024 by the South Carolina Department of Consumer Affairs. It discusses homeowners associations and applicable laws in South Carolina.
This presentation is not meant to serve as a substitute for reading the various laws discussed, requesting a legal opinion from the appropriate authority, or seeking legal counsel. The presentation merely serves as an introduction and overview to the subject matter.
SCDCA does not administer or enforce the South Carolina Homeowners Association Act. Our role is to collect specific data on HOA complaints, compile and share it with the Governor and the General Assembly each year.
SCDCA has additional information on homeowners associations, applicable laws and frequently asked questions on our website at consumer.sc.go...
The Board has retained a lawyer to handle any member asking for documents such as board meetings. The Atty says we must articulate why we want to see the minutes and just saying because you want to be informed is not enough of a reason. We must also pay for document prep but he refuses to tell us the cost of the documents. When we ask why not just post them on the portal page like we have for the last 20 years the Lawyer says the Board does not have to post them. I am not sure the BOD is getting good advice or the BOD does not want the members to know what they are doing. Can I file a complaint with the Circut Court and sue the BOD?
Can the HOA require the timeshare owners to pay for demolition of the building, if it is uninhabitable because of 35 years of damage from being on front beach in the salt air?
Can an HOA pop up after 30 years that was never activated, never disclosed to the homeowners and the homeowners be liable? No common area and public streets.
This is important to me also. After 32 years, someone in the neighborhood decided he's going to rewrite the covenants and restrictions. We had an HOA of sorts when the neighborhood was started 30 years ago, but within that original covenants and restrictions, there is a clause stating those will be null and void after 25 years. I want to know if some one person or persons can suddenly decide they want to redo it and enforce it.
Can the hoa change pool rules and quiet time hours with out letting members of the association know . Or even do a legal record of it
Your HOA board or the management company likely has a process that outlines how they handle changes to the pool rules. The governing documents may outline the process of how rules are changed and any requirements on notifying residents.
Can the Board restrict members from attending a regular Board meeting and can the Board invite tenants to these meetings? The SC HOA Act says that members can request documents. Does that include the list of members who attended regular meetings?