The HOA board knows that there are no enforcement laws in SC. So, they blatantly violate the Bylaws which clearly state we are supposed to receive notification of meetings four days in advance. They don’t notify us because they know we can’t do anything about it. The HOA board raised our annual dues 50% without holding a meeting with the community because they know we have no recourse. I’ve complained to your department and there was no mediation. The representative accepted the board president’s response and closed the case. The board hired an attorney to write a letter disputing my claims and included very derogatory adjectives to describe me in the letter such as “troublemaker.” The board sent the attorney’s letter to all of the neighbors to vilify me for simply holding them accountable to adhere to the Bylaws. This whole HOA system is a joke without enforcement rules. I could literally lose my house if I refuse to pay my dues to an HOA board that exploits their “titles.” Very sad.
Your video confirms that non-profit HOAs must provide invoices to members. Would accompanying bids/contracts, and other financial records, such as check registers, bank statements be required to be shared by a very large HOA with 200+ employees, $13m budget?
Section 33-31-1602 of the Nonprofit Corporation Act requires HOAs to maintain accounting records, and members are entitled to inspect these accounting records so long as the member’s demand to inspect them is made in good faith and for a proper purpose, the member describes with reasonable particularity their purpose and the records the member desires to inspect, and that the records are directly connected with that purpose. “Accounting records” are not specified in the Act, so there isn’t a concrete answer as to what kinds of records are included under that umbrella term. It’s possible bank statements could fit within that category. You may need to speak to a knowledgeable HOA law attorney for additional guidance.
If you are not able to do anything, but send a copy to the Governor who will review it once a year. So in other words the only thing that can be done is to get an attorney
If you decide to pursue a complaint with our office your issue may be resolved through the voluntary mediation process. Your complaint data will also be included on our website and in the yearly report provided to the Governor and General Assembly. This data helps them decide if changes to the law are needed. Information on this year's report can be found at www.consumer.sc.gov/HOA-reports
Just stumbled across this video while working on getting a bylaw amended that contradicts county law in regards to R-15 single family housing in which Section (29) allows for home owners in this zoning to own and house 8 chickens. Our bylaws were written before this got changed in Greenville County so it hasnt been revised after the county decided to classify chickens as part of urban farming. Can an HOA community bylaw(s) trump/override/contradict a county zoning law?
I have a question. We have 3 homes that are not part of our hoa community. Two of them were built prior, and one after the community was established. You said that they have to follow our rules. This is a question and problem that we have because they feel they don't. They don't pay annual dues. So, how do we enforce them?
You will likely need to speak to a real estate attorney. Our office cannot provide legal advice on specific situations. The answer depends on a few things that we can’t answer. The master deed would need to be inspected to see how the land was initially transferred to the property developer to determine whether that specific piece of property conveyed with the rest of it. Secondly, the Covenants, Conditions, and Restrictions document would be examined to determine if any special exceptions were made for those specific properties. Lastly, the minutes of HOA meetings would need to be reviewed to determine if the issue has ever been brought before the board, how it’s been handled previously, etc.
Requirements on meetings would most likely depend on the bylaws of your HOA. The HOA Act only requires notice for meetings for which a decision to raise the annual budget is made. Nonprofit HOAs require an annual meeting, but that would only apply if your HOA is registered as a nonprofit corporation. The SC Horizontal Property has no minimum meeting requirements other than that their bylaws must include how meetings will be conducted. The governing documents of the HOA will typically define when management of the HOA will transfer from the developer to an HOA board. Typically, it’s after a certain percentage of homes/units are sold.
What can a homeowner do when the management company is not able to reach the board members and the board members are not responding to their emails. The board has not met in two years nor produced any documents.
Requirements on meetings would most likely depend on the bylaws of your HOA. The HOA Act only requires notice for meetings for which a decision to raise the annual budget is made. Nonprofit HOAs require an annual meeting, but that would only apply if your HOA is registered as a nonprofit corporation. The SC Horizontal Property has no minimum meeting requirements other than that their bylaws must include how meetings will be conducted. If you would like to file a complaint or find additional info on the state's HOA laws you can go to consumer.sc.gov/hoa-ed
The HOA board knows that there are no enforcement laws in SC. So, they blatantly violate the Bylaws which clearly state we are supposed to receive notification of meetings four days in advance. They don’t notify us because they know we can’t do anything about it.
The HOA board raised our annual dues 50% without holding a meeting with the community because they know we have no recourse.
I’ve complained to your department and there was no mediation. The representative accepted the board president’s response and closed the case.
The board hired an attorney to write a letter disputing my claims and included very derogatory adjectives to describe me in the letter such as “troublemaker.” The board sent the attorney’s letter to all of the neighbors to vilify me for simply holding them accountable to adhere to the Bylaws.
This whole HOA system is a joke without enforcement rules. I could literally lose my house if I refuse to pay my dues to an HOA board that exploits their “titles.” Very sad.
Your video confirms that non-profit HOAs must provide invoices to members. Would accompanying bids/contracts, and other financial records, such as check registers, bank statements be required to be shared by a very large HOA with 200+ employees, $13m budget?
Section 33-31-1602 of the Nonprofit Corporation Act requires HOAs to maintain accounting records, and members are entitled to inspect these accounting records so long as the member’s demand to inspect them is made in good faith and for a proper purpose, the member describes with reasonable particularity their purpose and the records the member desires to inspect, and that the records are directly connected with that purpose. “Accounting records” are not specified in the Act, so there isn’t a concrete answer as to what kinds of records are included under that umbrella term. It’s possible bank statements could fit within that category. You may need to speak to a knowledgeable HOA law attorney for additional guidance.
If you are not able to do anything, but send a copy to the Governor who will review it once a year. So in other words the only thing that can be done is to get an attorney
If you decide to pursue a complaint with our office your issue may be resolved through the voluntary mediation process. Your complaint data will also be included on our website and in the yearly report provided to the Governor and General Assembly. This data helps them decide if changes to the law are needed. Information on this year's report can be found at www.consumer.sc.gov/HOA-reports
How about POAs? Property Owner Association
Property Owner Associations fall under the same guidelines/rules as Homeowners Associations.
Just stumbled across this video while working on getting a bylaw amended that contradicts county law in regards to R-15 single family housing in which Section (29) allows for home owners in this zoning to own and house 8 chickens. Our bylaws were written before this got changed in Greenville County so it hasnt been revised after the county decided to classify chickens as part of urban farming. Can an HOA community bylaw(s) trump/override/contradict a county zoning law?
I have a question. We have 3 homes that are not part of our hoa community. Two of them were built prior, and one after the community was established. You said that they have to follow our rules. This is a question and problem that we have because they feel they don't. They don't pay annual dues. So, how do we enforce them?
You will likely need to speak to a real estate attorney. Our office cannot provide legal advice on specific situations. The answer depends on a few things that we can’t answer. The master deed would need to be inspected to see how the land was initially transferred to the property developer to determine whether that specific piece of property conveyed with the rest of it. Secondly, the Covenants, Conditions, and Restrictions document would be examined to determine if any special exceptions were made for those specific properties. Lastly, the minutes of HOA meetings would need to be reviewed to determine if the issue has ever been brought before the board, how it’s been handled previously, etc.
Is an HOA required to meet with homeowners. I've been here over 20 years and there has never been a meeting. This HOA is run by the builders family.
Requirements on meetings would most likely depend on the bylaws of your HOA. The HOA Act only requires notice for meetings for which a decision to raise the annual budget is made. Nonprofit HOAs require an annual meeting, but that would only apply if your HOA is registered as a nonprofit corporation. The SC Horizontal Property has no minimum meeting requirements other than that their bylaws must include how meetings will be conducted.
The governing documents of the HOA will typically define when management of the HOA will transfer from the developer to an HOA board. Typically, it’s after a certain percentage of homes/units are sold.
Do you live in Moncks Corner? Sounds Exactly what I'm dealing with.
What can a homeowner do when the management company is not able to reach the board members and the board members are not responding to their emails. The board has not met in two years nor produced any documents.
Requirements on meetings would most likely depend on the bylaws of your HOA. The HOA Act only requires notice for meetings for which a decision to raise the annual budget is made. Nonprofit HOAs require an annual meeting, but that would only apply if your HOA is registered as a nonprofit corporation. The SC Horizontal Property has no minimum meeting requirements other than that their bylaws must include how meetings will be conducted. If you would like to file a complaint or find additional info on the state's HOA laws you can go to consumer.sc.gov/hoa-ed
Can they enforce the law??? In your state how do homeowners get justice with enforcement?
Very educational. Thank you!