HOA South Carolina

Started by TomS3 • 2 replies • 1420 views

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TomS3 (South Carolina)
Posts: 1

Posted:

We wish to establish a HOA in our community. The CC&Rs propose that the Developer will "cause to create" the HOA but he has indicated he will not do this. He is pulling out within the year. Is there a percentage of homeowners that must approve establishment of a HOA in South Carolina if the Developer does not implement on his own?

hoatalk (California)
Posts: 603

Posted:

I'm no lawyer, but normally I would expect 100%. Why? Because the HOA is formed by recorded restrictions/covenants against every deed in the community. You can't just change an owner's deed and property rights by a majority vote unless there already a covenant in place that allows this.

However, you mention CCRs, so I assume you already have covenants recorded on all deeds. Those CCRs and any other recorded documents hold the answer on how your HOA must be formed. Maybe it is already legally formed, but you just need to transition from the developer.

In that case, search this forum for: developer transition

But first study those CCRs in detail.

Best Regards,
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RogerB (Colorado)
Posts: 5,067

Posted:

Tom, do your CC&Rs require a manditory assessment? If not the owners who wish to join and pay dues can form a voluntary HOA.

If there is a manidory assessment you already have an association with the Developer controlling the Board. At some time the Developer will want to turn over control of the Board, management, and funds to the homeowners. In which case I strongly recommend you read the information which has been previously been posted on conducting a transition audit.

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