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legalgems
legalgems, Arbitrator
Category: Real Estate Law
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Can an hoa in South Carolina close floors of a building for

Customer Question

Can an hoa in South Carolina close floors of a building for painting and carpeting and tell owners they need to vacate their condos for two months.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  legalgems replied 1 month ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 1 month ago.

I am sorry to hear that you are having to deal with this.

The board has a fiduciary duty to the owners, and that includes maintaining the property in a manner such that it does not interfere with the owner's property rights. However, if the proposed maintenance is required and there is no other reasonable alternative that does not involve denying owner's access to their units, the board has the right to proceed. One may verify with the governing documents to see if there are any restrictions on this -such as the duty to compensate/reimburse the owners for the relocation expenses incurred as a result.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 1 month ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!