South Carolina Articles of Incorporation of Homeowners Association

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Description

A nonprofit corporation is one that is organized for charitable or benevolent purposes. These corporations include certain hospitals, universities, churches, and other religious organiza¬tions. A nonprofit entity does not have to be a nonprofit corporation, however. Nonprofit corporations do not have shareholders, but have members or a perpetual board of directors or board of trustees.

A Home Owners Association is an organization of homeowners of a particular subdivision, condominium or planned unit development. The purpose of a home owners association is to provide a common basis for preserving maintaining and enhancing their homes and property. Most homeowners' associations are non-profit corporations. They are subject to state statutes that govern non-profit corporations and homeowner associations. The associations provide services, regulate activities, levy assessments, and impose fines. Usually, each member of a homeowners association pays assessments. Those assessments or dues are used to pay for expenses that arise from having and maintaining common property.

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FAQ

The South Carolina Department of Consumer Affairs aims to protect consumers from inequities in the marketplace through advocacy, complaint mediation, enforcement and education. To file a complaint or get information on consumer issues, visit consumer.sc.gov or call toll-free, 1 (800) 922-1594.

South Carolina Secretary of State - Information on elections, businesses, licensing, and securities. HOA Search - Homeowners can enter the name of the HOA community or subdivision to find the association's contact information and corporation documents, including the association's articles of incorporation.

Who regulates HOAs in South Carolina? The SC Department of Labor, Licensing and Regulation is the applicable governing body.

Consumers can also take the HOA to a magistrate's court if the dispute is of a monetary nature. Still, the department encourages consumers to file a complaint with the SCDCA even if they are already filing a lawsuit.

Homeowners' associations have the power to create and enforce as many or as few regulations as they deem appropriate as long as they do not contradict any state or federal laws. HOAs must disclose regulations to homeowners before the purchase of property within a common interest community.

A board member can be personally liable if they were negligent in their duties. If there are problems because the board treasurer did not check financial reports against bank accounts, they can potentially get sued. Homeowners can also sue a board member if he puts his personal interests above the community.

(2) In order to remain enforceable, a homeowners association's rules, regulations, and amendments to rules and regulations must be recorded in the clerk of court's, Register of Mesne Conveyance (RMC), or register of deeds office in the county in which the property is located by January tenth of each year following ...

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South Carolina Articles of Incorporation of Homeowners Association