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  #1  
Old 06-05-2009, 10:13 AM
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Join Date: Apr 2008
Posts: 28

Does the State Of SC have laws for HOA's?


What is the name of your state (only U.S. law)? SC

Does the state of SC have governing rules/laws for home owner associations? Is there any protection for the home owners in this situation.

The concern is this: according to our CC&R's it appears that the developer only has to provide a budget when he sends the bill out to collect the dues.
A budget is simply a "forcast" of what the actual expenses will be in the upcoming year.

The developer refuses to allow any homeowner to view the actual expenses that were incurred in 08 or 07 - since the HOA began. In fact none of the home owners know how much is in our checking account, who our checks are being written to etc...

This year he has raised the dues by 50% and sent with the bill a budget that adds up to the requested increase in cost. The budget has a total of 7 line items. At the same time he has told home owners that he does not have to and will not provide anyone with the actual income/expenses of the last two years. He has also stated that if the home owners do not pay the dues he will charge fines and possibly place liens on their home. The developer is using the attorney that wrote the CC&R's to do the book keeping. The attorney's office was called by a home owner and the book keeper refused to give specific information about the expenses and simply confirmed the budget.

The CC&R's only state that a budget will be given when it is time to collect the dues. It does not state that financials have to be given to any homeowner.

Anyone know anything about SC? The idea that homeowners would have to pay dues and not have the right to see the actual expenses was not understood by any homeowner when they purchased. Now everyone just has to blindly pay dues and never really see what their money is being used for. Is this truly legal even if the CC&R's seem to substantiate the developer's claim? What is the name of your state (only U.S. law)? SC
  #2  
Old 06-07-2009, 12:12 PM
Member
 
Join Date: Feb 2009
Location: ~NJ~
Posts: 71
Quote:
Originally Posted by MABOAT View Post
What is the name of your state (only U.S. law)? SC

Does the state of SC have governing rules/laws for home owner associations? Is there any protection for the home owners in this situation.

The concern is this: according to our CC&R's it appears that the developer only has to provide a budget when he sends the bill out to collect the dues.
A budget is simply a "forcast" of what the actual expenses will be in the upcoming year.

The developer refuses to allow any homeowner to view the actual expenses that were incurred in 08 or 07 - since the HOA began. In fact none of the home owners know how much is in our checking account, who our checks are being written to etc...

This year he has raised the dues by 50% and sent with the bill a budget that adds up to the requested increase in cost. The budget has a total of 7 line items. At the same time he has told home owners that he does not have to and will not provide anyone with the actual income/expenses of the last two years. He has also stated that if the home owners do not pay the dues he will charge fines and possibly place liens on their home. The developer is using the attorney that wrote the CC&R's to do the book keeping. The attorney's office was called by a home owner and the book keeper refused to give specific information about the expenses and simply confirmed the budget.

The CC&R's only state that a budget will be given when it is time to collect the dues. It does not state that financials have to be given to any homeowner.

Anyone know anything about SC? The idea that homeowners would have to pay dues and not have the right to see the actual expenses was not understood by any homeowner when they purchased. Now everyone just has to blindly pay dues and never really see what their money is being used for. Is this truly legal even if the CC&R's seem to substantiate the developer's claim? What is the name of your state (only U.S. law)? SC
[url=http://www.scstatehouse.gov/code/t27c001.htm]S.C. Code of Laws Title 27 Chapter 1 General Provisions - www.scstatehouse.gov-LPITS[/url] & [url=http://sccommunityassociationlaw.com/2009/04/07/a-possible-south-carolina-homeowners-association-act.aspx]South Carolina Community Association Law Blog: A Possible South Carolina Homeowner's Association Act[/url]
  #3  
Old 06-17-2009, 05:16 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,779
It is time for the HOA to hire an attorney and demand compliance.
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