SC Law on Amendments

Started by BillB17 • 4 replies • 638 views

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BillB17 (South Carolina)
Posts: 92

Posted:

Looking for anyone out there familiar with the SC Not for Profit Act.

Does this act address amendments to a corporation (HOA) Declaration of Covenants, Restrictions and Easements? I have searched the document but can only find information on amending the Articles of Incorporation.

Am I missing something?

RoyalP
Posts: 1,104

Posted:

no

corporate law only addresses the operation of the corporation

NOT the contract/covenants themselves

RoyalP
Posts: 1,104

Posted:

no

corporate law only addresses the operation of the corporation

NOT the contract/covenants themselves

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Bill
Your specific Covenants and Bylaws will tell you how to make amendments/changes to them. Typically it will require 51% or more of all owners agreeing to the change. This assumes the association is under owner control. If still under declarant control then generally the declarant can make changes without owner approval.

AugustinD
Posts: 5,144

Posted:

BillB17, I agree the South Carolina Nonprofit corporation act appears to address only amendments to the Bylaws. The new South Carolina HOA act has a bit on amending, and this may be worth reviewing. See

https://www.scstatehouse.gov/code/t33c031.php

and

https://www.scstatehouse.gov/code/t27c030.php

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