Our Blog
Articles and news from our firm.
HOA Recordkeeping and Inspection: “Appropriate Accounting Records”
We previously published an introductory article regarding the record inspection rights belonging to members of South Carolina homeowners associations (HOAs). We hope that broad overview proved helpful to understanding the “big picture” of record inspection rights...
Consequences of Failing to Hold HOA Annual Meetings at Time Set in Bylaws
We have written numerous articles regarding the importance of conducting homeowners association (HOA) meetings in accordance with the HOA’s specific governing documents as well as applicable law. This includes ensuring that notice is properly given, as we wrote about...
Can HOAs Lower their Quorum Requirements?
Every homeowners association (HOA) board quickly becomes familiar with the concept and implications of a quorum requirement when they attempt to hold a meeting or vote of the members. For those unfamiliar, a “quorum” can generally be defined as the minimum number of...
Recovering HOA Attorney Fees in Covenant Enforcement Lawsuits
Naturally, homeowners associations (HOAs) would prefer to avoid going to court to enforce the covenants of their community. While litigation is most often something of a last resort for HOAs to enforce their covenants, it is nevertheless occasionally the last...
HOA Record Inspection: A Brief Overview
Homeowners association (HOA) members in South Carolina are entitled to inspect certain records. Facilitating such inspection appropriately is not only a fundamental duty of an HOA board, but also a responsibility that frequently gives rise to legal conflict when...
Drafting and Enforcing HOA Fine Policies
Fines can be an effective mechanism for deterring violations and protecting the covenants of the community without committing a homeowners association (HOA) to expensive and lengthy litigation. Fines are also perhaps the most frequently, or most passionately,...
Term Lengths for HOA Directors
While serving on a homeowners association (“HOA”) board of directors can sometimes be a thankless job, director seats are also often hotly contested given the importance of those positions for their communities. On the other hand, directors in some communities may...
Discussing Pending Litigation with HOA Members
For numerous reasons, litigation can be one of the most stressful experiences in a homeowners association (HOA) board member’s tenure. One stressor is that, inevitably, HOA members will expect answers and updates from the board regarding the litigation. This curiosity...
HOA Disclosure Practices as to Prospective Purchasers
In recent years, an increasing number of homeowners associations (HOAs) have reached out to us for clarification on their responsibilities to disclose information to potential buyers and their attorneys for pending real estate closings. This uptick in requests from...
Corporate Transparency Act is Back (Again)!
We have been providing updates regarding the on-again, off-again Corporate Transparency Act (“CTA”), a new federal law requiring community associations (and other companies) to report information on their “beneficial owners” with the Financial Crimes Enforcement...
Corporate Transparency Act Requirements on Hold (Again)
We have been providing updates on litigation surrounding the Corporate Transparency Act (“CTA”), a new federal law requiring community associations (and other companies) to report information on their “beneficial owners” with the Financial Crimes Enforcement Network...
Alert: Corporate Transparency Act Deadline Reinstated!
A major, time-sensitive development has occurred in the litigation concerning the Corporate Transparency Act (“CTA”), a federal law which we first wrote about here. We last wrote here about the litigation on December 6, 2024 regarding a preliminary injunction granted...