Our Blog
Articles and news from our firm.
Corporate Transparency Act: Reporting Requirements for HOAs Ended for Good?
Followers of our blog may recall that we have published no less than seven articles regarding the on-again-off-again requirements of the Corporate Transparency Act (“CTA”), a federal law which required companies, to include community associations, to report...
HOA Board Voting: What Happens in a Tie?
We can safely assume that no homeowners association (HOA) board, no matter how aligned or amiable, enjoys unanimous agreement from all board members on every decision they must make on behalf of their HOA. Inevitably, reasonable minds can disagree on various...
HOA Board Meetings: Open to Members by Law?
We are often asked by directors of South Carolina homeowners associations (HOAs) whether their board of directors (“board”) meetings are legally required to be “open” to attendance by the non-director members of the HOA. It is not surprising that this would be a...
HOA Covenant Enforcement Procedure: Know the Documents!
Whether it is maintaining common areas, managing facilities, preserving neighborhood standards, or collecting assessments to fund the same, homeowners association (HOA) board members know firsthand the many “hats” they wear for the benefit of their communities....
Proper Common Expense Assessments for Horizontal Property Regimes (Condominiums)
A fundamental, yet often misunderstood, feature of horizontal property regimes (condominiums) in South Carolina is the manner in which the unit owners are to be assessed for their share of the common expenses. While there are many legal principles which apply to both...
“Holdover” HOA Directors in South Carolina
What happens when a homeowners association (HOA) director’s term expires before their successor can be elected? This is a quandary faced by many HOAs for various reasons. Perhaps the HOA has been unable to achieve a quorum for an election of directors, or particularly...
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,...