Could HOA Be Risking Receivership?

It's bad enough when the Board of Directors violates numerous sections of the CC&Rs and the By-Laws, but it's more serious when the Board violates State law.

The HOA is in Good Standing. Could the State change the status to Not in Good Standing?

Could the State of South Carolina swoop in and take over the HOA? What would happen then? Would the HOA be placed in a Receivership? Would a Receiver be appointed to reduce waste of assets (such as on an unauthorized lawsuit)?

Would the State appoint a bureaucrat to manage the operations of the HOA? Would there be a cost to the HOA for that? If so, how much?

What are the biggest problems?
  • The Board has no Treasurer.
  • The Board has no Secretary.
  • The Board has a member who is not eligible to serve on the Board.
  • In December 2023, when Patricia Pollin was appointed to the Board, who knew that she was not eligible to serve on the Board? If that person (or those persons) withheld the information about ineligibility, was that a crime?
  • Upon information and belief, the HOA has only one legitimate, duly-elected Voting Member. It should have 28.
  • The HOA hasn't had a bonafide election of Directors for years.
  • The HOA has no duly-elected, legitimate directors, because the people who voted were not eligible to vote.
  • Thus, the board has no duly-elected, legitimate officers.
  • Without a legitimate Treasurer, who is responsible for the HOA's funds?
  • Without a legitimate Secretary, who is responsible for the books of the corporation?
  • Would the banks and Edward Jones be concerned to learn that the HOA does not have a legitimate Treasurer?
Has the Board sought legal advice regarding operations? Did it follow any advice it was given?

Did CAMS ever say, "You can't do that"? Did the Board do it, anyway?

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