Real Estate Law
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Hello there Linda --
As an independent HOA or condo association every board of owners who convene a board meeting has the legal right to propose changes to the covenants, rules and regulations of the association and by a majority vote of the board, any covenant, rule or regulation may be altered or changed by the board as the board sees fit to do. The board was perfectly within its legal rights to review the trash service rules and to make the changes to the trash service that it wanted to make. The argument of the attorney that a few of the owners hired was not a good argument at all and when consulting with your attorney (the board's attorney) it sounds to me like your attorney simply believed that it was easier to use the traditional method of trash collection and fee payment for those services rather than to "rock the boat" and end up having to charge your board a whole bunch of legal fees to fight back against any lawsuit that these select owners might have filed.
The non profit status has nothing to do with such rules and regs -- it has everything to do with the SC HOA / condo statute and those statutes simply give the HOA the right to organize into an association, the right to adopt covenants and rules and regulations to effectively run and operate the HOA and the right to convene meetings of the board where they can consider and adopt any rules/regs that they please and they have the power to change the covenants / rules and regs as they see fit and for the betterment of the HOA owners as a whole.
It really does not make a lot of sense to have to revert back to the prior method of collecting and paying for the trash pick up and the only thing I can think of is that the old method of payment and collection somehow benefitted some owners over other owners -- and then it simply becomes a tactical decision on the part of the HOA if the HOA wants to draw a line in the sand and tell the attorney and the few owners who were against the later method to "go ahead and sue because we have the legal right to adopt any method that we wish to use for any and all services granted and common expenses collected for within the HOA property".
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Hello again Linda --
Yes, what I have told you applies to SC HOA law. The HOA board has the rights in the statute to perform their duties and one of those duties is to be able to propose amendments to the covenants, rules and regulations and to vote on those changes and/or to put the matter out for a vote from all of the residents. Your attorney also agrees with my assessment of the SC HOA law -- that you had the right to change and adopt a different manner of handling the trash -- it is just a matter of whether or not you want to take on the aggravation of a full lawsuit here from the few owners who do not like itl
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