South Carolina and HOAs

Want to know more about what HOAs in South Carolina can and cannot do?

On March 7, 2024 the South Carolina Department of Consumer Affairs presented a one-hour webinar about HOAs.

The presenter explains that South Carolina law includes 1) the S.C. Non-Profit Corporation act; 2) the South Carolina Horizontal Property Act; and 3) the South Carolina Homeowners Association Act. And there are the Governing Documents, such as CC&Rs, By-Laws, and other documents.

The presentation was recorded and is available on YouTube at https://www.youtube.com/watch?v=pnpCiz7njl4

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I was already familiar with the SC Non-Profit Corporation Act, because it was there that I found a law that a non-profit corporation, which The Summit Community Association, Inc. is, must have a board of directors.

I assume the law means a legitimate board of directors, which the Summit's HOA does not have. The directors are not duly-elected, because there are no eligible homeowners (legitimate Voting Members) to elect them.

This should be a problem that the board of directors ought to be quick to fix. Apparently, it is not, because no action appears to be underway to remedy this serious problem.

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