South Carolina & Master deed

if you believe your contract is being violated - take appropriate legal action

you signed the contract requiring 67% to amend - now you are unhappy

grow up and get a life

quit whining

quit 'trolling' for agreement

That is fairly standard.


Sounds like you need to gather support and replace the Board so things will get done.


Unfortunately, this is also fairly standard. We refer to it as membership apathy.

The best way I've seen to get involvement is show how lack of involvement will affect the individuals wallet. However, using that tactic has it's own problems as well. Basically, if individuals are not willing to become involved, they are at the mercy of those who are willing - as they will be the individuals who will be making the decisions for everyone else.

I'd suggest to review your governing documents and applicable State laws. Identify the issues that need addressed and figure out ways to address them. Then start talking to your neighbors and gather support for those ideas. Once you have support, approach the Board with your ideas and see what they say (remember to offer to assist in implementing the solutions). If the Board is unwilling, then use the support you gathered to not reelect and replace the board at your next election.

It likely won't happen overnight. It took me three years in educating the members of my Association before changes slowly started to occur.


That too is sometimes fairly common. Our Board has turned that around. When someone complains, we simply state that being volunteers, we don't have enough time to devote to that issue but agree the issue is something that needs to be addressed. We then ask them directly if they are willing to volunteer to research the issue and list solutions. If they say no, we say we will get to the issue when and if we can. If they say yes, we have slowly started increasing the number of volunteers.


Too a point, that is the way it's done within my Association and in other Associations I am familiar with.

One thing to remember is that the position of an Officer (president, VP, Secretary, Treasurer) and the position of Director are two different positions. Even when the two positions are filled by the same individual, each position has certain authority and limitations. It's like doing two jobs. Therefore, as a Director, the individual has a right to vote on every issue before the board. Officers are not allowed to vote, but they typically implement the Boards decisions. I know it can be difficult to remember that these two positions are different when they are typically always filled by the same individual.


Check with the local property tax office. Some of the offices even place this information online.
Those who have addresses other than where the property is located are either non-resident members who are using the property as a second home or they are non-resident members who are renting their property.


Laws vary by State. This is something you would need to get a legal opinion on. Perhaps the Board has already gotten one and that is why they say it's unenforceable.

Hi Ken:

Welcome to what most experience … HOA Apathy.

The issue I see from what you have posted is:

1. Individuals purchase in an HOA based upon any initial CCRs to which they agree to any terms and conditions. And many owners do not like to deviate from what they initially agreed to in the beginning.

2. If anyone cannot get 67% or MORE owners to agree to “change” what they initially purchased under … then most likely the proposed change is not important enough to concern the majority of the property owners.

3. If items violate any certain rights … then individuals can seek to have the State Laws changed which in turn would supersede governing documents. Examples of items where individuals have taken these type steps are getting statutes which enact laws allowing American flags, solar panels, xeriscape landscaping, etc. under some States.

I guess the main question I would ask A FRUSTRATED HOA PARTICIPANT is what do you want to change and which you cannot get the majority of other owners to agree?

you can't

DOH

Ken

I have seen Bylaws (one set in SC) where if a quorum cannot be reached for a BOD Election then the BOD can continue the meeting to a later time (requires proper notice of a continued meeting which was 30 days in our case) where only 1/2 the quorum is needed. They can also do again where only 1/2 of the 1/2 are needed for a quorum.

My former HOA in SC had a total of 3 meetings before we established a quorum. Original Annual Meeting, one continuation, then an additional continuation. Only once in some 8 years did we have a quorum at an original Annual Meeting.

Also in SC, proxy voting is allowed unless specifically not allowed by your Covenants/Bylaws. The answer might be for you to from a small group that think like you and you all go around gathering proxies to get like thinkers elected to the BOD. You can also use proxies like this to change Covenants/Bylaws. It takes time and work to do so, but I assure you it can be done. Been there, done that, was successful.

Ken,

You bring up an important point.

Before responding, I would like to say that the response posted below yours was discourteous and conceived from ignorance.

I'm an attorney licensed in South Carolina. I have practiced law for 11 years now and I have remained in good standing. Much of my practice involves master deeds -- whether it is drafting one for a client or suing a developer for construction defects. The 2/3 voting provision can be frustrating especially if the Master Deed doesn't cover your circumstances. It should. The vote should be limited to 2/3 of the present members. You'll never get 2/3 of the owner to attend a meeting.

Read your deed carefully to be sure nothing in it contemplates such a situation.

HOA changed significantly several month ago when McMaster signed the South Carolina Homeowner's Association Act on May 16, 2018.

Section 27-52-150(E) of the South Carolina code states "2/3 of the Association’s voting interest, in person or by proxy, can amend a governing document." However, it is untested as to whether this will survive judicial scrutiny as this law conflicts with the South Carolina Horizontal Property Act which hold that the governing documents affix the necessary percentages.

I suggest that you throughly read the governing documents first. If you can't find anything helpful, feel free to contact me. I may have a creative solution.

Will

Very true, I decided to write something because I stumbled upon it researching a case and thought that maybe I could provide a little guidance in the event someone else stumbled upon the topic.

I do believe this is a good forum to help HOA members and Board Members. Like everyone else here, I am also a member of an HOA and it can be a burden at times trying to please everyone.

Thanks, Kerry, for your prompt response.

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