DawnL6 (South Carolina)
Posts: 226
Posts: 226
Posted:
Why would a hoa in sc be rezoned?
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Rezone clubhouse
Started by DawnL6 • 12 replies • 159 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
HOAs have to comply with local zoning codes. These codes regulate land use: things such as property setbacks, landscaping, building height, outdoor lighting, etc.
As for why it happened now, who knows? Maybe the zoning codes changed. Maybe the local municipality has different plans for nearby land, and the re-zoning will facilitate development of that land. Neither of these possible explanations would surprise me. But it could very well be something else.
If your local municipality posts minutes from zoning board meetings, that would be a good place to look for more information.
As for why it happened now, who knows? Maybe the zoning codes changed. Maybe the local municipality has different plans for nearby land, and the re-zoning will facilitate development of that land. Neither of these possible explanations would surprise me. But it could very well be something else.
If your local municipality posts minutes from zoning board meetings, that would be a good place to look for more information.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
And then attend the next zoning board meeting and tell them how you feel.
Maybe it's me, but some of your questions don't provide enough information to understand what you're looking for. A few more facts about what's going on can help you receive more useful information- things in HOA land aren't as simple as you might like to believe.
Maybe it's me, but some of your questions don't provide enough information to understand what you're looking for. A few more facts about what's going on can help you receive more useful information- things in HOA land aren't as simple as you might like to believe.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DawnL6 (South Carolina)
Posts: 226
Posts: 226
Posted:
They moved our mailboxes from each building and moved down to the office.
The clubhouse was rezoned due to board allowing a property management company to set up their office in ours,and co-founder of management company now has exclusive use of amenity/general common area, which would change the percentage of each unit as appurtant to that unit.
Allowing 1 member private benefit is illegal,is it not?
The clubhouse was rezoned due to board allowing a property management company to set up their office in ours,and co-founder of management company now has exclusive use of amenity/general common area, which would change the percentage of each unit as appurtant to that unit.
Allowing 1 member private benefit is illegal,is it not?
DawnL6 (South Carolina)
Posts: 226
Posts: 226
Posted:
The one member that is co-founder of the management company is a member and a independent contractor in sc.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Apparently the use of the clubhouse by the management company means commercial activity; hence the re-zoning.
The legality will depend on whether the HOA actually sold property to the management company or if it's a leasing arrangement. I suspect it's the latter and that the HOA is being compensated for this. Whether it's a smart idea is a different question.
If the HOA did sell property, then that would have required approval by the membership and amending the CC&Rs. If this did happen without approval, I would expect an uproar, accompanied by an appearance of lawyers and legal filings.
The legality will depend on whether the HOA actually sold property to the management company or if it's a leasing arrangement. I suspect it's the latter and that the HOA is being compensated for this. Whether it's a smart idea is a different question.
If the HOA did sell property, then that would have required approval by the membership and amending the CC&Rs. If this did happen without approval, I would expect an uproar, accompanied by an appearance of lawyers and legal filings.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Wait a minute.
Are you saying that the management company is actually a member of the association - meaning that the HOA/clubhouse should have been zoned commercial from the start?
I second Sheila's comment about providing more complete information. You'll get better answers - and probably more of them, because some posters won't bother to play guessing games.
Quote:
Posted By DawnL6 on 09/08/2024 10:19 AM
Allowing 1 member private benefit is illegal,is it not?
Allowing 1 member private benefit is illegal,is it not?
Are you saying that the management company is actually a member of the association - meaning that the HOA/clubhouse should have been zoned commercial from the start?
I second Sheila's comment about providing more complete information. You'll get better answers - and probably more of them, because some posters won't bother to play guessing games.
DawnL6 (South Carolina)
Posts: 226
Posts: 226
Posted:
Yes,the co-founder of the property management is a member,and a independent contractor in the association as
Maint supervisor.His wife is also a cofounder,but not a record owner.
Maint supervisor.His wife is also a cofounder,but not a record owner.
DawnL6 (South Carolina)
Posts: 226
Posts: 226
Posted:
It's a new property management company,that just opened for business out of the clubhouse.isnt this allowing private benefit for certain member and not all.
I thought horizontal property regime is for the benefit of all members in the common areas.
The management company just bought his 3rd unit at $50,000 that had a lien on the property,and the owner with the lien is who he financed the property for him for $50,000 as it shows through public records.
I thought horizontal property regime is for the benefit of all members in the common areas.
The management company just bought his 3rd unit at $50,000 that had a lien on the property,and the owner with the lien is who he financed the property for him for $50,000 as it shows through public records.
DawnL6 (South Carolina)
Posts: 226
Posts: 226
Posted:
All the neighboring units sell for $100k-200k.
DawnL6 (South Carolina)
Posts: 226
Posts: 226
Posted:
And all this was done without vote from homeowners.
I just found out that we have not had a registered agent for overbtwo years.
I just found out that we have not had a registered agent for overbtwo years.
DeanJ
Posts: 1,786
Posts: 1,786
Posted:
Quote:
Posted By DawnL6 on 09/08/2024 10:19 AM
They moved our mailboxes from each building and moved down to the office.
The clubhouse was rezoned due to board allowing a property management company to set up their office in ours,and co-founder of management company now has exclusive use of amenity/general common area, which would change the percentage of each unit as appurtant to that unit.
Allowing 1 member private benefit is illegal,is it not?
They moved our mailboxes from each building and moved down to the office.
The clubhouse was rezoned due to board allowing a property management company to set up their office in ours,and co-founder of management company now has exclusive use of amenity/general common area, which would change the percentage of each unit as appurtant to that unit.
Allowing 1 member private benefit is illegal,is it not?
What occurred and how it should have occurred may be two different events.
If the clubhouse was an amenity, your declaration may have required the board to get approval from the homeowners before converting it to an office.
Also if a company is now using the club house as an office, they should be paying rent or the management agree should stipulate the HOA is to provide office space.
Since the property has been rezoned commercial, the HOA may have higher real estate tax and property value.
Why your board did this is a bit baffling.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By DeanJ on 09/20/2024 10:15 AM
Posted By DawnL6 on 09/08/2024 10:19 AM
They moved our mailboxes from each building and moved down to the office.
The clubhouse was rezoned due to board allowing a property management company to set up their office in ours,and co-founder of management company now has exclusive use of amenity/general common area, which would change the percentage of each unit as appurtant to that unit.
Allowing 1 member private benefit is illegal,is it not?
They moved our mailboxes from each building and moved down to the office.
The clubhouse was rezoned due to board allowing a property management company to set up their office in ours,and co-founder of management company now has exclusive use of amenity/general common area, which would change the percentage of each unit as appurtant to that unit.
Allowing 1 member private benefit is illegal,is it not?
What occurred and how it should have occurred may be two different events.
If the clubhouse was an amenity, your declaration may have required the board to get approval from the homeowners before converting it to an office.
Also if a company is now using the club house as an office, they should be paying rent or the management agree should stipulate the HOA is to provide office space.
Since the property has been rezoned commercial, the HOA may have higher real estate tax and property value.
Why your board did this is a bit baffling.
I agree. Baffling.
🎯 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