JimD17 (South Carolina)
Posts: 15
Posts: 15
Posted:
We are a South Carolina HOA and have recently amended our Bylaws. Was wanting know if we need to file this with any entity such as county, etc. The amendment has been approved by the homeowners.
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Filing of Amended Bylaws
Started by JimD17 • 12 replies • 2111 views
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AmandaR2 (South Carolina)
Posts: 566
Posts: 566
Posted:
There is no law in SC requiring filing of Bylaws or any amendments to them.
The CC&Rs are required to be recorded and filed with the County along with any amendments made to them.
(I suppose your own doc's could have this requirement so check to be sure, and IMO it's never a bad idea to record document publicly even if not required to do so)
The CC&Rs are required to be recorded and filed with the County along with any amendments made to them.
(I suppose your own doc's could have this requirement so check to be sure, and IMO it's never a bad idea to record document publicly even if not required to do so)
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Jim
Our SC Bylaws are filed/attached to the Covenants/Deed Restrictions so we do file Bylaw changes. As I understand it, they can be filed once for a nominal charge as in they do not have to be filed for each deed.
Our SC Bylaws are filed/attached to the Covenants/Deed Restrictions so we do file Bylaw changes. As I understand it, they can be filed once for a nominal charge as in they do not have to be filed for each deed.
JohnB26 (South Carolina)
Posts: 1,001
Posts: 1,001
Posted:
DITTO
filed once
filed once
LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
If there is no legal requirement to record your bylaws I would recommend against doing so.
The reason is not only the expense of recording many pages but also the psychological effect. Once a document is recorded people tend to look at it as if it is cast in stone and will be extremely reluctant to make any changes, no matter how badly they may be needed.
No one outside of your association has any need to know what your bylaws state, so why make it public? Bylaws are just as legally enforceable whether recorded or not.
The reason is not only the expense of recording many pages but also the psychological effect. Once a document is recorded people tend to look at it as if it is cast in stone and will be extremely reluctant to make any changes, no matter how badly they may be needed.
No one outside of your association has any need to know what your bylaws state, so why make it public? Bylaws are just as legally enforceable whether recorded or not.
JimD17 (South Carolina)
Posts: 15
Posts: 15
Posted:
Thanks everyone for the input. It was all very helpful.
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
Question: In SC, is there some kind of mandatory disclosure to a prospective buyer of a home in an HOA? What must be provided in the disclosure package?
Sikubali jukumu. Read all posts at your own risk.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By NpS on 03/30/2015 2:59 PM
Question: In SC, is there some kind of mandatory disclosure to a prospective buyer of a home in an HOA? What must be provided in the disclosure package?
Question: In SC, is there some kind of mandatory disclosure to a prospective buyer of a home in an HOA? What must be provided in the disclosure package?
NPS
Basically yes for a high rise condo type association, no for townhouse or single home associations.
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
Quote:
Posted By JohnC46 on 03/30/2015 3:36 PM
Posted By NpS on 03/30/2015 2:59 PM
Question: In SC, is there some kind of mandatory disclosure to a prospective buyer of a home in an HOA? What must be provided in the disclosure package?
Question: In SC, is there some kind of mandatory disclosure to a prospective buyer of a home in an HOA? What must be provided in the disclosure package?
NPS
Basically yes for a high rise condo type association, no for townhouse or single home associations.
Thanks John. For a townhouse or single home, is there an obligation to provide info if prospective buyer asks for it?
Sikubali jukumu. Read all posts at your own risk.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By NpS on 03/30/2015 3:47 PM
NPS
Basically yes for a high rise condo type association, no for townhouse or single home associations.
Posted By JohnC46 on 03/30/2015 3:36 PM
Posted By NpS on 03/30/2015 2:59 PM
Question: In SC, is there some kind of mandatory disclosure to a prospective buyer of a home in an HOA? What must be provided in the disclosure package?
Question: In SC, is there some kind of mandatory disclosure to a prospective buyer of a home in an HOA? What must be provided in the disclosure package?
NPS
Basically yes for a high rise condo type association, no for townhouse or single home associations.
Thanks John. For a townhouse or single home, is there an obligation to provide info if prospective buyer asks for it?
NPS
I will have to check but the answers of the top of my "experienced" head are:
1. No obligation/law to do so.
2. An HOA is setting itself up for problems with the new buyer unless it does not do so even if they have no legal obligation to do so.
3. Most real estate organizations and sellers do not want anything to stand in the way of "sale/commissions".
4. Personally, I would show any buyer anything I have, even when not required, as I do not want a sale to come back and haunt me later.
Bottom line is no matter what state, no matter how many laws, regulations, information, etc. it is still buyer beware. FL is a classic example of this.
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
Quote:
Posted By JohnC46 on 03/30/2015 5:02 PM
Thanks John. For a townhouse or single home, is there an obligation to provide info if prospective buyer asks for it?
Posted By NpS on 03/30/2015 3:47 PM
NPS
Basically yes for a high rise condo type association, no for townhouse or single home associations.
Posted By JohnC46 on 03/30/2015 3:36 PM
Posted By NpS on 03/30/2015 2:59 PM
Question: In SC, is there some kind of mandatory disclosure to a prospective buyer of a home in an HOA? What must be provided in the disclosure package?
Question: In SC, is there some kind of mandatory disclosure to a prospective buyer of a home in an HOA? What must be provided in the disclosure package?
NPS
Basically yes for a high rise condo type association, no for townhouse or single home associations.
Thanks John. For a townhouse or single home, is there an obligation to provide info if prospective buyer asks for it?
NPS
I will have to check but the answers of the top of my "experienced" head are:
1. No obligation/law to do so.
2. An HOA is setting itself up for problems with the new buyer unless it does not do so even if they have no legal obligation to do so.
3. Most real estate organizations and sellers do not want anything to stand in the way of "sale/commissions".
4. Personally, I would show any buyer anything I have, even when not required, as I do not want a sale to come back and haunt me later.
Bottom line is no matter what state, no matter how many laws, regulations, information, etc. it is still buyer beware. FL is a classic example of this.
If that's the case, better protection for the HOA if docs are recorded. Just my opinion tho.
Sikubali jukumu. Read all posts at your own risk.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
NPS
I agree. The problem is what is best done versus what legally has to be versus what does it cost to do so can be 3 different subjects.
In SC recorded deed changes (Covenant and/or Bylaw) can be recorded one time for about $25.00???? regardless of how many homes, units, etc. are affected.
I believe in some states they must be filed with each deed (individually) and it can be quite costly.
The overall philosophy is SC is the "corporation/business" is right. Not the workers, shareholders, etc. Typical right to work state philosophy.
I agree. The problem is what is best done versus what legally has to be versus what does it cost to do so can be 3 different subjects.
In SC recorded deed changes (Covenant and/or Bylaw) can be recorded one time for about $25.00???? regardless of how many homes, units, etc. are affected.
I believe in some states they must be filed with each deed (individually) and it can be quite costly.
The overall philosophy is SC is the "corporation/business" is right. Not the workers, shareholders, etc. Typical right to work state philosophy.
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
Gotcha.
In some PA counties, we pay an additional $10 per house on top of the standard recording fee. Supposedly, the additional cost is to put a notation on each of the affected deeds.
In some PA counties, we pay an additional $10 per house on top of the standard recording fee. Supposedly, the additional cost is to put a notation on each of the affected deeds.
Sikubali jukumu. Read all posts at your own risk.
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