Real Estate Law
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Hi,My name is XXXXX XXXXX I'd be happy to answer your questions today.No, there isn't. S.C. Gen. Laws, Section 27-31-150 states that communities with a homeowner's association are governed by the by-laws. The bylaws are required, under Section 27-31-151, to state how the community will be administered. That means stating whether there is a board, how many members, how members are elected and removed, etc. The bylaws could state that any unit owner with at least 4% of the units is automatically a member for life, but since most boards are relatively small (3 or 5 members is a common number), there would have to be some provision for what would happen if the number of members owning a four percent interest exceeded the total number of available spots on the board.Also, the by-laws can be modified at any time by 2/3 of the membership, so that provision in the by-laws could be taken out if it were there, as long as enough owners agreed. If the by-laws were modified, any director occupying a "permanent" position could be removed at the next election, since the by-laws would no longer allow permanent positions.If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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