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Lucy, Esq.
Lucy, Esq., Lawyer
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In South Carolina, is there a law that says if you own 4% of

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In South Carolina, is there a law that says if you own 4% of units in a hoa you have a permanent position of the board of directors?


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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.

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