A condominium association is an association of unit owners in a condominium building. The association elects a board of directors, which handles the maintenance and repair of common areas, disputes among unit owners, and enforcement of rules and regulations, and condominium fees. The rules and regulations are normally adopted by the board of directors of the association.
South Carolina Rules and Regulations of an Association of Owners of a Condominium Association
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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.
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.
Financial statements are to be prepared annually and sent to all members. Reports must be mailed no more than 120 days after the close of the fiscal year.
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.
(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 ...
Who regulates HOAs in South Carolina? The SC Department of Labor, Licensing and Regulation is the applicable governing body.
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.