Quote:
Posted By DawnL6 on 03/12/2022 6:07 AM
Hi.a few months back a newsletter was sent out stating 10 of our 19 buildings are unsafe and are in process of having the major repairs done in order of the most pressing first.should this major structural damage repair had been voted on by homeowners?
This group has at least two South Carolinans who have served on boards and posted here for some years and likely will share excellent responses to your situation. Hopefully they will chime in. For now:
-- The board has a duty per the governing documents and state statutes to maintain the common areas.
-- When a situation is unsafe, the Board should address the situation immediately.
-- An owner has to consider the liability all the owners would face if the Board did not address unsafe situations immediately. Surely you have read of how much money the families of the victims of the Surfside condo collapse (June 2021) are seeking from the corporation. Insurance is going to cover a lot but it's still not outside the realm of possibility that the directors and even all owners who are still living could personally be held liable.
-- By my reading of the South Carolina Condominium statute, the statute does not restrict a board from imposing a special assessment, regardless of the amoung of the special assessment.
-- Your COA's Bylaws and/or CCRs may require a vote for Special Assessments above a certain amount.