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BillD15 (South Carolina)
Posts: 14
Posted:
In SC, our BOD proposed budget for 2026 was not ratified at the annual meeting recently. Our bylaws allow for members to vote on the proposed budget and we can even amend the budget during the discussion period. Our bylaws don't provide for the situation if the budget doesn't pass, no guidance on what the next steps are.

There were several issues with the meeting relative to the vote. The ballots were set up to have the election of new board members and budget approval on the same paper. The potential board members presented their spiel, the board presented their take on the budget and then the vote was called for by the president for both the board member election and budget approval.

We follow Robert's rules of order. There was no motion on the floor for the budget vote, no second, no discussion (with potential amendments). Once the vote was called for the meeting descended into lost order, people collecting ballots, many conversations taking place.

Once the votes were counted, it was determined that one member had a vast majority of proxies, they did not present themselves following the vote count to indicate what their issue was with the budget.

The BOD is trying to determine the next steps, ideas include continuing with the 2025 budget (HOA dues remain the same), but do they have the power to enforce that without a ratified budget? Some people think if its not passed by January 1, they have only whats left in the reserves to work with.

The kicker is one of the existing board members (re-elected that night) nixed the budget with his collection of proxies.

ElleN (Idaho)
Posts: 1,338
Posted:
On Nov 29, 2018 you posted this bylaw:

Section 3. Approval of Budget. The proposed budget, as it may be amended upon motion by any Member, shall be submitted to a vote of the Members and when approved shall become the budget (Budget) of the Association for the fiscal year. The terms of the Budget shall be binding upon the Board of Directors unless and until such terms are amended by action of the Members.

I do not feel this means the board is "bound" by the prior year's (presumably owner-approved) budget.

All I can conclude is that the proposed 2026 budget is not binding on the board.

Granted a budget cannot be exact. Also boards sometimes have to special assess to address emergencies. Hence I question whether "binding" has any practical meaning.

The SC HOA Act appears to apply to condos and SFH HOAs alike. It has some verbiage on budgets.

Is your HOA incorporated? Is this a condominium?

BillD15 (South Carolina)
Posts: 14
Posted:
Thanks for the quick reply. That section is still current, has not been amended. Our HOA is incorporated, we are over 300 SFH. I will look into the SC HOA act.
ElleN (Idaho)
Posts: 1,338
Posted:
Quote:
Posted By BillD15 on 11/19/2025 5:56 PM

The BOD is trying to determine the next steps, ideas include continuing with the 2025 budget (HOA dues remain the same), but do they have the power to enforce that without a ratified budget?
They have not only the power to collect assessments to pay for the common expenses, they have the duty, pursuant to state law and the HOA's governing documents.

When the verbiage in the bylaws or covenants is truly not dispositive on a given topic, the board has a fiduciary responsibility to simply be reasonable and fair.

Fact: Best practices is to have a budget. The board should go ahead and use the proposed 2026 budget, with a nod to the reality that budget is a guide. For example, the actual expenses in 2026 are not going to be exactly what was forecast in the budget.
BillD15 (South Carolina)
Posts: 14
Posted:
Using the 2026 budget as written was one of the ideas they thought about. There was no dues increase in the 2026 budget. Our bylaws do allow for special assessments as well, which is the avenue I was thinking they could use.

The SC HOA act is pretty light on information. Our bylaws require 2 weeks notice for some meetings, 30 days for others, like the annual budget/officer election meeting. We also have the budget available to home owners on our website.

Not knowing what the issue with the proposed budget was is making changes rather difficult. Our social media has blown up a bit since the meeting. Best we can glean is they want an increase in the dues and more money applied to the amenities we have. They want to compete with new neighborhoods with their resort pools etc. Goes along with their fiduciary requirements I guess, the board has been addressing the amenities, just not quick enough for one member.
ElleN (Idaho)
Posts: 1,338
Posted:
Quote:
Posted By BillD15 on 11/19/2025 7:12 PM

Not knowing what the issue with the proposed budget was is making changes rather difficult. Our social media has blown up a bit since the meeting. Best we can glean is they want an increase in the dues and more money applied to the amenities we have. They want to compete with new neighborhoods with their resort pools etc. Goes along with their fiduciary requirements I guess, the board has been addressing the amenities, just not quick enough for one member.
Seriously: They had their chance to amend (as described in the bylaws). Their only remaining recourse (down the road) is to elect board members who want what they want.

I saw nothing in the SC HOA Act or SC Nonprofit Corporation Act that sheds any new light.

The board should not tarry over this. It should do what prudence demands: Have a reasonable budget.
BillD15 (South Carolina)
Posts: 14
Posted:
The budget was reasonable, it was pretty much the same as 2025 with a few adjustments to line items based on 2025 actuals to date. It even has a surplus based the same dues. We all thought there would be no issue with its passing.

There were 3 people running for 2 positions, any 2 would be fine. There was no contention noticeable that would have caused a proxy fight, so no one campaigned except the one board member.

We are thinking differently about him now, considering if he had an issue with the budget, it should have been worked out/compromised prior to going to the association with it. At least the board should have been united by that point.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By ElleN on 11/19/2025 6:37 PM
On Nov 29, 2018 you posted this bylaw:

Section 3. Approval of Budget. The proposed budget, as it may be amended upon motion by any Member, shall be submitted to a vote of the Members and when approved shall become the budget (Budget) of the Association for the fiscal year. The terms of the Budget shall be binding upon the Board of Directors unless and until such terms are amended by action of the Members.

I do not feel this means the board is "bound" by the prior year's (presumably owner-approved) budget.

All I can conclude is that the proposed 2026 budget is not binding on the board.

Granted a budget cannot be exact. Also boards sometimes have to special assess to address emergencies. Hence I question whether "binding" has any practical meaning.

The SC HOA Act appears to apply to condos and SFH HOAs alike. It has some verbiage on budgets.

Is your HOA incorporated? Is this a condominium?


I have to ask who writes this stuff?
ā€œThe terms of the Budget shall be binding upon the Board of Directors unless and until such terms are amended by action of the Members.ā€

My interpretation is the budget is the amount of the assessment and the total to be expended. The board may not increase the assessment for 2026 and is bound by the 2025 assessment until such time an action of the members amend it, which may prohibit the board from passing a special assessment.

If the owners failed to pass the budget for several years, the board would have no recourse other than deferring maintenance or cutting reserve funding to reconcile spending with income.
ElleN (Idaho)
Posts: 1,338
Posted:
Quote:
Posted By DeanJ on 11/19/2025 8:05 PM

My interpretation is the budget is the amount of the assessment and the total to be expended. The board may not increase the assessment for 2026 and is bound by the 2025 assessment until such time an action of the members amend it, which may prohibit the board from passing a special assessment.>/div>Because of the phrase "for the fiscal year" in the bylaws, I disagree.

Posted By DeanJ on 11/19/2025 8:05 PM
If the owners failed to pass the budget for several years, the board would have no recourse other than deferring maintenance or cutting reserve funding to reconcile spending with income.
If the board did as you say, then it would be violating other duties laid out by law and in the governing documents.

ElleN (Idaho)
Posts: 1,338
Posted:
Try again:
Quote:
Posted By DeanJ on 11/19/2025 8:05 PM

My interpretation is the budget is the amount of the assessment and the total to be expended. The board may not increase the assessment for 2026 and is bound by the 2025 assessment until such time an action of the members amend it, which may prohibit the board from passing a special assessment.
Because of the phrase "for the fiscal year" in the bylaws, I disagree.
Quote:
Posted By DeanJ on 11/19/2025 8:05 PM
If the owners failed to pass the budget for several years, the board would have no recourse other than deferring maintenance or cutting reserve funding to reconcile spending with income.
If the board did as you say, then it would be violating other duties laid out by law and in the governing documents.

DeanJ
Posts: 1,786
Posted:
Quote:
Posted By ElleN on 11/19/2025 8:23 PM
Try again:
Posted By DeanJ on 11/19/2025 8:05 PM

My interpretation is the budget is the amount of the assessment and the total to be expended. The board may not increase the assessment for 2026 and is bound by the 2025 assessment until such time an action of the members amend it, which may prohibit the board from passing a special assessment.
Because of the phrase "for the fiscal year" in the bylaws, I disagree.
Quote:
Posted By DeanJ on 11/19/2025 8:05 PM
If the owners failed to pass the budget for several years, the board would have no recourse other than deferring maintenance or cutting reserve funding to reconcile spending with income.
If the board did as you say, then it would be violating other duties laid out by law and in the governing documents.


Where are you reading if the owners don’t approve or amend a budget, the Board may do ever you want? In a state that requires funded reserves, this may mean the Board closes the pool and the club house to meet both the declaration and state laws.
DeanJ
Posts: 1,786
Posted:
This is what AI says when asked if an HOA board may violate a declaration to increases assessments.

No, in South Carolina, an HOA generally cannot violate its declaration provisions to increase assessments, as the governing documents dictate assessment procedures and the association's power is limited by them. If the HOA attempts an unauthorized increase, homeowners can challenge it, often by reviewing the declaration and consulting an attorney.
ElleN (Idaho)
Posts: 1,338
Posted:
Quote:
Posted By DeanJ on 11/19/2025 10:56 PM
Where are you reading if the owners don’t approve or amend a budget, the Board may do ever you want?
This is not what I said.
Quote:
Posted By DeanJ on 11/19/2025 11:04 PM
This is what AI says when asked if an HOA board may violate a declaration to increases assessments.
This is also not what I said.
JamesV3 (New Hampshire)
Posts: 50
Posted:
In our HOA if our budget is not approved at our annual meeting it rolls back to the existing one for the time being.
We then call for a special meeting with in 60 days.
We had to this once back in 2017 going into 2018,
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By ElleN on 11/20/2025 6:38 AM
Posted By DeanJ on 11/19/2025 10:56 PM
Where are you reading if the owners don’t approve or amend a budget, the Board may do ever you want?
This is not what I said.
Quote:
Posted By DeanJ on 11/19/2025 11:04 PM
This is what AI says when asked if an HOA board may violate a declaration to increases assessments.
This is also not what I said.

11/19/2025 8:23 PM Quote Reply
Try again:
Posted By DeanJ on 11/19/2025 8:05 PM

I said, ā€œMy interpretation is the budget is the amount of the assessment and the total to be expended. The board may not increase the assessment for 2026 and is bound by the 2025 assessment until such time an action of the members amend it, which may prohibit the board from passing a special assessment.ā€

I went further to say the board’s only recourse was to balance the expenditures with income.

You said, ā€œBecause of the phrase "for the fiscal year" in the bylaws, I disagreeā€. I reasonably concluded you believe s not a restriction on the board and they can increase the assessments.
ElleN (Idaho)
Posts: 1,338
Posted:
Quote:
Posted By DeanJ on 11/20/2025 8:50 AM

You said, ā€œBecause of the phrase "for the fiscal year" in the bylaws, I disagreeā€. I reasonably concluded you believe s not a restriction on the board and they can increase the assessments.
Your conclusion does not logically follow.

Regardless, the OP said the proposed 2026 budget keeps the assessment the same.

If the Board wanted to increase the assessment, then to the extent statutes and the other bylaws allow, in my opinion not only can they do so, they may have a duty to do so.
SheliaH (Indiana)
Posts: 6,964
Posted:
It seems you have an issue with what went on at the meeting and the rejection of the proposed budget. I'll start with the second one, because you said your bylaws don't say what happens if the vote is voted down.

As a practical matter, I would think you continue with the current budget. It's true the homeowners nixed the proposed one, but your bill continue regardless. How do they think the association will pay its bills otherwise? The answer IS NOT "use what's left of the reserves." Reserves exist for the association to save money to pay for major improvements and replacements to the common areas, such as a new roof for the clubhouse. It's NOT for plugging in shortfalls to the operating budget! If you're on the board, that's one option you absolutely should oppose. You might be outvoted, but at least people will know the risks, so speak up.

I smell a back story to this budget - what, specifically, did people object to? If there was to be an increase in assessments, did the board explain why this was necessary and show the numbers? If not, why not? It's ok for people to disagree, especially if they come up with suggestions on how to control costs. People don't like assessment increases, but special assessments are worse because it often means not enough reality was faced regarding increased costs (e.g. no one thought about shopping around for different landscaping companies).

You could consult your attorney to see what would be the best way to approach this and then call a special meeting to discuss the options, and people can vote on this again. If people want to avoid paying anything without a ratified budget, they shoukd know they may risk not having any services the association may be responsible for because there's no money.

As far as the meeting is concerned, who was running it? How did this ratification rejection get through without anyone calling for a formal vote (guess Robert's rules of order weren't effective). You could give a side eye to the person who collected enough proxies to nix the budget, but this is what people who are motivated for the right or wrong reasons will do to swing a vote in a certain direction. Did anyone bother asking this board member what his concerns were? You had a discussion on the budget before the vote, so if people rejected it, that's their right.

It would appear better education is appropriate all around and I don't know if you can get a special meeting called after Thanksgiving (you're now on the clock for the rest of 2025, so this needs to be done in a hurry). Get the budget issue resolved first and deal with the proxy stuff at a later date. You'll need to check your documents to see how they're supposed to be used, and if that's not addressed either, you may need your bylaws amended (requiring a homeowner vote).

While you're at it, I might suggest thought be given to amending the stuff about homeowner ratification of the budget. It's ok if the board proposed an assessment increase beyond a certain percentage of the current year or special assessments. Otherwise the board should be expected to apply careful thought to managing the association's finances,explain where the money's going and why. People still have the option of voting someone in or out, and if they can do a better job, have at it.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
BillD15 (South Carolina)
Posts: 14
Posted:
I'm not on the board, I am on 3 committees. I'm not 100% sure what was objectionable with the budget proposal. There was no increase from the 2025 dues, some line items were adjusted based on 2025 actuals, but nothing major, for the most part it was the same as 2025.

From the social media traffic, it appears the nays wanted an increase in dues and more money put into the amenities to bring them up to compete with new neighborhoods in the area. The board indicated there was no need for an increase since the budget had a surplus after all expenditures.

The board is consulting an attorney, which has rubbed some the wrong way, they want to know who ok'd that and who's paying for it. Not hard to figure that one out.

The president presided over the meeting, at the beginning he indicated it would be Robert's rules. Current financial state was first, Committee updates next, then the people running for the board positions presented themselves, then the budget was presented by the board, no one had any questions. The president called for the vote on the new board members and budget. No one on the floor motioned for the vote. The vote was secret ballot since the ballots had both the board member names and budget approval on the same paper. Once the vote was called by the president, the meeting went south.

The board member with the proxy majority did not say anything about the budget, nothing negative, nothing positive.

Personally I have no problem with or with out the increase or spending more on the amenities as needed. Problem is there is no plan for what to do with the amenities (i.e. playground equipment without a set cost or selection, 64k one month, 104k the next). Also, the board put out a budget that should have been at least acceptable to the entire board, a united front. If they didn't agree enough, then more work was needed before bringing it to the people. Putting us into this situation with little time to react and no guidance on the next steps is my main beef.

Education is needed relative to the proxies. Any member may by written proxy designate an agent to cast his vote. They are revocable by default and may be sent in prior to the meeting (which no one does). Lack of proxy submission or appearance at meeting means their vote is cast with the majority.
ElleN (Idaho)
Posts: 1,338
Posted:
Quote:
Posted By BillD15 on 11/20/2025 5:33 PM
Also, the board put out a budget that should have been at least acceptable to the entire board, a united front. If they didn't agree enough, then more work was needed before bringing it to the people.
I disagree that the board must be unanimous on the budget.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By ElleN on 11/20/2025 5:50 PM
Posted By BillD15 on 11/20/2025 5:33 PM
Also, the board put out a budget that should have been at least acceptable to the entire board, a united front. If they didn't agree enough, then more work was needed before bringing it to the people.
I disagree that the board must be unanimous on the budget.

Ok, that was not clear.

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