Under South Carolina Law, how can a Board of Director member be removed? Primarily can the members of a Homeowners Association have a meeting called to remove a Board Member? If so what is the statute that allows that?
South Carolina’s Homeowners Association Act currently does not address this. However, South Carolina’s Nonprofit Corporation Act does. If your HOA is organized as a nonprofit, you can follow the provisions of this act below:
1. SECTION 33-31-808. Removal of directors elected by members or directors.
2. SECTION 33-31-809. Removal of designated or appointed directors.
3. SECTION 33-31-810. Removal of directors by judicial proceeding.
Your governing documents may also have certain procedural requirements when it comes to removing a board member. As such, it is best to check your bylaws and CC&Rs as well.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.