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BrettH3 (South Carolina)
Posts: 47
Posted:
There is nothing in our CCRs about term limits for ARC members. Board members serve 2 years. Is there any law governing South Carolina ARC member terms?
SheliaH (Indiana)
Posts: 6,964
Posted:
I doubt it, but you should Google south Carolina state laws, and there should a website that you can search.

If you don't find anything, you'll have to read your documents again and see what it says about committees in general. Usually the board has the authority to establish them, determine what the commit will do and who sits on it. Some can be standing committees, while others are special committees set up for a specific purpose, then dissolve when the project is complete.

If you want term limits on committee members of board members for that matter, you may need to amend your documents. To do that, you'll need to convince enough of your neighbors to approve it (keep reading your documents to see what they about amendments). But first, talk to your board. Perhaps someone wants to step down but hasn't because there haven't been any people willing to step up and volunteer. That could be your opening - if you're willing to walk the talk...

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Agree with Shelia.
BrettH3 (South Carolina)
Posts: 47
Posted:
I’m asking because I cannot find anything under South Carolina law and I want to protect the HOA.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Typically, committee members serve at the pleasure of the board.

Having served on a board, with the limited number of individuals willing to serve on an Architectural committee, we tend to let those who volunteer serve as long as they are willing unless there is an upheaval of complaints from the membership (not complaints from one or two).
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 08/28/2020 4:54 PM
Typically, committee members serve at the pleasure of the board.

Having served on a board, with the limited number of individuals willing to serve on an Architectural committee, we tend to let those who volunteer serve as long as they are willing unless there is an upheaval of complaints from the membership (not complaints from one or two).

I agree. Committees are appointed by the BOD and the BOD can end one's term, or the entire committee as they see fit. Also in a dispute, the BOD is the final decider. Our attorney (here in SC) advised us to have the BOD serve as the ARC Committee thus in the end, less grief.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Brett,

What are you going to protect the HOA from?
MarshallT (New York)
Posts: 414
Posted:
Hi,

I have not found any laws about terms for ARC members. As Tim said, it can be difficult to find volunteers for these committees, so if the board is happy with the team, then they should be allowed to continue serving on the committee.

You many want to consider adding a time limit in your governing documents if you want clarity for the HOA.

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