Dealing With Problematic HOA Boards in South Carolina

Question:

Two board members are not in good standing they owe past HOA maintenance dues. President is 1 year behind.
One has caused 6 HOA members to resign in two years and now our management will not work with him. He bashes the management company. In meetings board members fight swear and tell you to shut up. Now many widowed or single elderly homeowners may have to sell their units because they chose a New company that is is too expensive with higher costs. The board don’t go to finance meetings , they don’t go to csa meetings , they want more info on finance but won’t go and get it when given the right contact number to address this.
Then say those requests are not given. The secretary pays the board member as an consultant even though he has no license. They select only homeowners they want to notify and if you question them you they stop answer you or email you. All past board members do not get informed .
I have 15 years past experience as a residential manager and I am sick over this board . I have to move with my husband having dementia , its hard as they don’t adjust to change as well.
He is so upset with this and its a nightmare for me . what can homeowners do ?

– Diane

 

Answer:

Hi Diane,

First, check your HOA’s bylaws. Most HOA governing documents prohibit board members from serving if they are not in good standing, which typically includes being delinquent on dues. You should demand enforcement of these rules in writing and ask for their removal based on ineligibility.

In South Carolina, homeowners have the right to inspect financial records, contracts, and meeting minutes (South Carolina Homeowners Association Act Section 27-30-150 and South Carolina Nonprofit Corporation Act Section 33-31-1602). Reviewing these documents will help you understand your association’s current situation.

You also have the option to remove HOA board members. For more information on that, kindly refer to a previously answered question. If you suspect financial misconduct, it is best to involve law enforcement or file a complaint with the South Carolina Department of Consumer Affairs or the Attorney General’s Office

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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