Davis - Stirling ACT 4515

Started by CindyH7 • 5 replies • 177 views

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CindyH7 (South Carolina)
Posts: 2

Posted:

I live in South Carolina and would like to know if
Civil Code Section 4515. Rights of Assembly and Non-Commercial Speech can be applied in South Carolina. I am being told by the management company of our HOA that this only applies to California. If so, does this override any rules and regulations that are in place by the association?
Thank you

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CathyA3 (Ohio)
Posts: 6,299

Posted:

Your management company is correct. However, your state may have similar provisions, since ideas about "best practices" are often shared by multiple states.

Here is the hierarchy of laws that govern associations:

Federal law
state law
local municipality law
Declaration (CC&Rs)
Bylaws
community rules and regulations

If there are contradictions between them, the higher level prevails.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Cindy
What is it you are looking to implement or overturn?

TimB4 (Tennessee)
Posts: 21,059

Posted:

As Cathy pointed out, the link you included would only apply to CA, as it is a CA statute.

CindyH7 (South Carolina)
Posts: 2

Posted:

We are trying to hold a meeting of concerned residents without having to pay a fee of $50 an hour minimum of 3 hours. They are charging residents for using the amenities that are not being used. How would I find out of SC has similar statute?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By CindyH7 on 10/29/2024 5:09 PM
We are trying to hold a meeting of concerned residents without having to pay a fee of $50 an hour minimum of 3 hours. They are charging residents for using the amenities that are not being used. How would I find out of SC has similar statute?

Invite them to your home.

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