Our Blog
Articles and news from our firm.
Virtual HOA Membership Meetings under S.C. Nonprofit Corporation Act
As remote communication has become a regular feature of professional and personal life, many homeowners associations (HOAs) have inquired as to whether they can hold their membership meetings remotely, or at least “hybrid” remotely, rather than the traditional means...
Sued in the Wrong Court: Magistrate Subject Matter Jurisdiction and HOAs
No matter how careful and prudent a homeowners association (HOA) might be, they will likely have to defend against a lawsuit at some point. To some extent, it comes with the territory of the HOA’s responsibility of overseeing so many properties and dealing with so...
Take Notice! An Easy-to-Miss Caveat to Mailed HOA Notices
Homeowners association (HOA) boards and managers are no strangers to being required to provide notice of meetings and various other HOA actions. Of course, boards are right to refer to their HOA’s specific governing documents as to how many days’ notice, and what form...
HOAs and AI: An Introductory Word of Caution
While this is our first article we have published regarding artificial intelligence (AI), we are sure that it will not be the last. AI usage continues to grow in countless areas of life, and homeowners associations (HOAs) are no exception. Not only might HOA boards be...
HOA Registered Agents and Offices: An Important Reminder
With the multitude of tasks South Carolina homeowners association (HOA) boards are responsible for at the ground-level of their communities, it can be all too easy to overlook administrative obligations at the governmental and regulatory level. One of these...
“Good Standing” Requirements for HOA Voting
As the end of the year approaches, many South Carolina homeowners associations (HOAs) are planning their annual meetings and director elections. One issue frequently raised by these proceedings is whether HOA members who are not in “good standing” with the HOA,...
New Fair Housing Memos: What HOAs Should Know
September was a busy month for the U.S. Department of Housing and Urban Development (HUD), as HUD issued two guidance documents relevant to enforcement of the Fair Housing Act. While it is too early to determine all the implications for homeowners associations (HOAs),...
Does Your HOA Board Have Rule-Making Authority?
One of the fundamental responsibilities of a homeowners association (HOA) is to uphold and enforce the covenants applicable to the community. Of course, in doing so, HOA boards endeavor to benefit and preserve the welfare of the community’s residents as well as their...
Inclusion of Condominium Leasing Restrictions in Master Deeds
Board members of South Carolina horizontal property regimes (a/k/a “condominiums”) are usually no strangers to interest, or perhaps even controversy, regarding the prevalence of rental units in their condominium. There are countless condominiums throughout South...
Unilateral Amendments of HOA Covenants by Developers
South Carolina developers of homeowners association (HOA) communities hold several responsibilities and owe various fiduciary duties, some of which we have discussed before. While they do have several responsibilities, developers also have the opportunity to reserve...
Director Conflicts of Interest Pt. 2: Membership Approval Option
We previously published an overview regarding South Carolina homeowners association (HOA) director conflicts of interest and how HOA boards might handle transactions that present a conflict of interest for one or more directors. In that article, we discussed the...
HOA Director Conflicts of Interest
Service on a homeowners association (HOA) board of directors can be difficult to compartmentalize from a director’s personal life. After all, HOA directors must regularly make decisions governing the very neighborhood in which those directors, and their families,...