Our sub-division was started about 10 years ago and has restrictive covenants. The Declerant and original builder has went out of business. But they stated that if 10 home owners agreed then an HOA could be formed. Which they have. Thats all that we have done. Today a letter was sent out stating that at our next meeting we would vote for board members. But we don't have any by-laws yet, shouldn't they be first. For things like how will each homeowner be contacted, How will we vote, where will we vote? Who will run the meeting, who will keep the minutes?
Here is what SC code of law states, how do you interpurte this:
SECTION 27-31-160. Provisions required in bylaws; modification of system of administration.
The bylaws must necessarily provide for at least the following:
(a) Form of administration, indicating whether this shall be in charge of an administrator or of a board of administration, or otherwise, and specifying the powers, manner of removal and, where proper, the compensation thereof;
(b) Method of calling or summoning the co-owners to assemble; that a majority of at least fifty-one percent is required to adopt decisions; who is to preside over the meeting and who will keep the minutes book wherein the resolutions shall be recorded;
(c) Care, upkeep and surveillance of the property and its general or limited common elements and services;
(d) Manner of collecting from the co-owners for the payment of the common expenses;
(e) Designation and dismissal of the personnel necessary for the works and the general or limited common services of the property.
The sole owner of the property or, if there be more than one, the co-owners representing two thirds of the total value of the property, may at any time modify the system of administration, but each one of the particulars set forth in this section shall always be embodied in the bylaws. No such modification may be operative until it is embodied in a recorded instrument which shall be recorded in the same office and in the same manner as was the master deed or lease and original bylaws of the horizontal property regime involved.
2007-09-10 10:46:33 · 6 answers · asked by misty m 4 in Business & Finance ➔ Renting & Real Estate
You have to vote for a President, Vice-President, Secretary and Treasurer. They put together what is called CC & R's which are the guidelines to how the HOA will handle the property. They can actually have an outside company come in and discuss all the issues but all officers of the HOA have to be residents. Not all HOA meetings are public. You do get to vote however on matters pertaining to the upkeep and maintenace of the property. If you have renters where you live, they are not able to vote.
2007-09-10 10:58:40 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I am also licensed in SC and you MUST get a Real Estate attorney to assist to form a HOA.
There are a ton of requirements, first of all, once the by-laws have been written (which is a legal contract, and you cannot write a legal contract unless you are an attorney...that is practicing law without a license), it must be recorded. It also must be up for a vote, it also must be recorded on every deed in in the community.
It's not like you are forming a club...there are specific legal powers an HOA has, and without legal advice, I would not proceed further without an attorney or else you'll risk getting sued by a homeowner if you try to enforce something.
You need to call the HOA's of some surrounding communities and find out who their management company is, and see who they are using for an attorney. Not all Real Estate attorney's are qualified in this regard, and some even specialize in HOA's...and that is who you want to help you.
2007-09-10 12:54:48 · answer #2 · answered by Expert8675309 7 · 0⤊ 0⤋
You need to see a real estate attorney. You can find one at the link below. I practice this type of law in Florida. Most of the states are similar, but not identical. The Restrictive Covenants, Articles of Incorporation, Bylaws, and Rules and Regulations from the original Association are likely those that you will start using. You will probably have to renew your Association with the Secretary of State. You may be subject to a state statute that overrides your restrictive covenants' method of being revitalized. There are many other factors that need to be looked at.
2007-09-10 13:57:00 · answer #3 · answered by mcmufin 6 · 0⤊ 0⤋
As a developer, I have dealt with many HOA scenarios and my best advice is to get an attorney involved with experience in HOA formation. The HOA obviously pays for this once it is set up and then the attorney is used minimally throughout the existence of the HOA. It has been my experience that being led by and attorney makes things much easier for everyone in the community.
2007-09-11 04:42:58 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Is there a college or university near you that might have a law school ?
Or seek out an R E attorney .
If you are forming an HOA , you should have professional legal help because the advice here will NOT count for jack , should you find yourself in court .
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2007-09-10 10:56:45 · answer #5 · answered by kate 7 · 0⤊ 0⤋
enable him capture and eliminate the cats quit being so slefish. Why might desire to he might desire to placed up with cats crapping in each and every single place, cats peeing each and every the place, each and all the ailments and parasites they're spreading, the wear they're doing to the valuables, and each and all the wild existence they're slaughtering they're his pets. legally as quickly as you feed a cat and supply it vet care it belongs to you. So yeas, legally the cats are his and legally he has far too many. in accordance the HOA the cats might desire to pass. Why might desire to some one be taken care of as super particular Snowflake and be allowed to interrupt the regulations and have nicely over the cut back of pets? in case you enable one man or woman smash the regulations then others will and whine that one man or woman gets to do it so can they It comes down the reality he legally owns the cats and a few one is rightfully indignant relating to the wear they're doing and the reality this man or woman is breaking the HOA. The cats might desire to pass. He can take you to courtroom over it or call AC and have them capture the cats and positive the owner for having over the cut back you hold claiming the cats are no longer pets. definite they're. Legally the cats are owned. as quickly as you feed them and supply them vet care under the regulation they're now owned. And the cats might desire to the two be on a leash or in some variety of get away evidence enclosure. That and he has far too many it is between the clarification i wouldn't in any respect pass some the place with a HOA, becouse of persons such as you who enable some one to interrupt the regulations and don't something whilst some one has legitment courtroom cases approximately it
2016-12-13 05:32:13 · answer #6 · answered by ? 4 · 0⤊ 0⤋