💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JohnH74 (South Carolina)
Posts: 3
Posted:
I'm a member of the ARC in our community which is still under development and will not likely be turned over to an owner HOA until development stops, around 2026. The current board consists of three community volunteers (the ARC members) two management company employees and one from the developer.
While we have some input and ask a lot of questions, it is clear the management company is steered by the developer. My question revolves around when the developer control ends. The SC Master Deed that's applicable lists three thresholds, but the developer is insisting the only one that applies is the one that uses 2026 as the "turnover" date. Is there any point in exploring "turnover" procedures that would result in earlier turnover?
KerryL1 (California)
Posts: 14,550
Posted:
Others know more about developer turnover than I, but what/when/under what conditions are the three "thresholds?" Please use exact wording if possible from your deed restrictions.
TimB4 (Tennessee)
Posts: 21,051
Posted:
As Kerry pointed out, it will depend on the actual language used.

MarkW18
Posts: 1,290
Posted:
This document might answer some of your questions.

https://communityassociations.net/wp-content/uploads/2014/01/bptransition.pdf
JohnH74 (South Carolina)
Posts: 3
Posted:
Here's the article that has me wondering about what the conditions are for the transition.

From the BY-LAWS OF BELLA VITA GARDEN HOMES ASSOCIATION, INC. (Horry Co. SC)

Class I are the owners, one vote each.

"Class II. The sole Class II member shall be the Grantor. The Class II member shall
be entitled to four (4) votes for each Unit in which it holds the interest required for membership
by Article XIV in the Master Deed provided that the Class II membership shall continue only so
long as any phase of the Condominium Project has not been submitted to the Horizontal Property
Regime, or Grantor, its successors or assigns, is the Owner of three (3) or more Units in the entire
Condominium. Grantor reserves the right at any time to terminate Class II membership by filing
an instrument in the records of the Clerk of Court of Horry County, so doing and in any event the
Class II membership shall terminate no later than December 31, 2026."

My understanding is that, verbiage to the contrary notwithstanding, it'll be 2026 and no sooner.

Any otherinterpretations are welcome.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here