CarolW1 (South Carolina)
Posts: 4
Posts: 4
Posted:
The Builder is the prime person in our HOA we have no Board. It is estamated that he will transitions the HOA to the Homeowners around 2014. Is it up to the builder to elect a board and when.
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Builder vs. HOA Members
Started by CarolW1 • 3 replies • 1929 views
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SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
He has a board. It is in his corporation papers.
It may or may not include having members from the homeowners on "his" board, but they will have just an advisory position.
If you are concerned that he is not living up to contracts or there are other building issues, then you take it up to him as a private homeowner who has purchased one of his units or homes. There is no collective homewoner's association yet.
It may or may not include having members from the homeowners on "his" board, but they will have just an advisory position.
If you are concerned that he is not living up to contracts or there are other building issues, then you take it up to him as a private homeowner who has purchased one of his units or homes. There is no collective homewoner's association yet.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Hi Carol:
You need to thoroughly review your HOA documents to determine a lot of the information you will have questions regarding. Unfortunately we do not have these documents to view, so for some questions you may have to potentially post verbiage in the future.
When you review your documents they should let you know if your HOA was formed as possibly a “non-profit corporation”. They may also reference other state statutes that determine how you are governed.
Here is your state’s non-profit corporation act:
http://www.scstatehouse.gov/code/t33c031.htm
Here are the various property law statutes:
http://www.scstatehouse.gov/code/titl27.htm
My understanding is many HOA’s in South Carolina fall under Chapter 31 – Horizontal Property Act; however, there should be possible information in your documents maybe stating whether or not this is fact.
As Susan stated usually the developer has control until a certain point when X number of units have been sold. Again, this information should be contained in your documents. Until that time your goal would be to read and learn both your governing documents and the state statutes so you are informed and it can help insure a smoother transition down the road.
You need to thoroughly review your HOA documents to determine a lot of the information you will have questions regarding. Unfortunately we do not have these documents to view, so for some questions you may have to potentially post verbiage in the future.
When you review your documents they should let you know if your HOA was formed as possibly a “non-profit corporation”. They may also reference other state statutes that determine how you are governed.
Here is your state’s non-profit corporation act:
http://www.scstatehouse.gov/code/t33c031.htm
Here are the various property law statutes:
http://www.scstatehouse.gov/code/titl27.htm
My understanding is many HOA’s in South Carolina fall under Chapter 31 – Horizontal Property Act; however, there should be possible information in your documents maybe stating whether or not this is fact.
As Susan stated usually the developer has control until a certain point when X number of units have been sold. Again, this information should be contained in your documents. Until that time your goal would be to read and learn both your governing documents and the state statutes so you are informed and it can help insure a smoother transition down the road.
DagmarB (Georgia)
Posts: 21
Posts: 21
Posted:
Hi Carol,
we requested that homeowners are placed on the Board. Our developer complied and assigned 2 Board Members.
we requested that homeowners are placed on the Board. Our developer complied and assigned 2 Board Members.
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