Waiving Dues in Exchange for Services in SC HOA

Question:

We are a new HOA and none of our board members have been on an HOA board before.

The members of our board want to vote to waive the annual association fees of members who agree to maintain common space areas (cutting grass, trimming bushes, connecting sprinklers for common space landscaping to homeowners’ sprinkler systems, etc.). Can they do this?

Also, there were complaints filed against an HOA board member and nothing has been done. What can members of the community do to get the board to address the complaints?

– Emily

 

Answer:

Hi Emily,

While the law does not disallow it, it is generally ill-advised to waive member dues in exchange for services to the HOA. The best course of action is to let the members pay their dues as normal and let the HOA pay them for their services as it would do to vendors. This way, there is a paper trail and everything goes according to a standard procedure. That said, your governing documents may be able to shed further light on the matter.

As for complaints, it is best to exhaust all forms of communication first when submitting complaints. If the complaint is valid and substantiated, it may be worth seeking other methods, such as removing the problem board member. Here is a previously answered question you might find helpful: https://www.hoamanagement.com/ask-an-hoa-manager/removing-an-hoa-board-member-in-south-carolina/

 

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

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