Posts Tagged ‘homeowner association’
January 18, 2017
Opinion on the interpretation of the Horizontal Property Act (S.C. Code Section 27-31-10 et seq.) regarding the allocation of insurance deductibles and expenses associated with hurricane damage to horizontal property regimes/associations.
Requested by The Honorable Wm. Weston Newton, Member, South Carolina House of Representatives.
January 3, 2017
Opinion on Section 33-31-117 (does the State’s Nonprofit Corporation Act apply to homeowner associations?).
Requested by The Honorable Mike Sottile, Member, South Carolina House of Representatives.
August 5, 2016
Opinion pertaining to covenants and bylaws of homeowners associations.
Requested by The Hon. Stephen L. Goldfinch, Jr., South Carolina House of Representatives.
June 24, 2016
Opinion regarding whether a homeowners’ association can prohibit a residential homeowner from erecting a stand-alone flag pole on their property to fly the American flag.
Requested by The Honorable Bill Taylor, Member, South Carolina House of Representatives.
January 26, 2016
Opinion regarding books and records inspection for homeowners associations in South Carolina.
Requested by Senator Tom Davis.
August 24, 2015
Opinion regarding use of Special Tax District tax funds.
Requested by G.P. Callison, Jr., Esq., McCormick County Attorney.
May 19, 2015
Opinion regarding what appears to be a conflict between the ability to campaign within the vicinity of a polling place on an election day and the authority of a homeowners’ association to regulate political campaign signage and solicitation within the given community.
Requested by Ms. Allison C. Coppage, Esq., Assistant Beaufort County Attorney.
February 3, 2014
Opinion asking does S.C. Code § 33-31-620 and § 33-31-621 concerning resignation and termination in a nonprofit corporation apply to a nonprofit corporation that is also a property owner’s association?
Requested by: The Honorable William G. Herbkersman, Member, House of Representatives
January 15, 2014
Opinion asking may Greenville County use S.C. Code Section 12-37-235 to levy a fire service fee on tax exempt real property (such as cemeteries, hospitals, synagogues, non-profit corporations and churches) on behalf of a special purpose district and remit such a fee to the special purpose district?
Requested by: Mark W. Tollison, Esquire, Greenville County Attorney
June 26, 2013
Opinion regarding Home Owner Associations (HOAs) operating under the South Carolina Nonprofit Corporation Act as per Section 33-31-171 of the Act.
Requested by: The Honorable R. Shannon Riley, Member, House of Representatives
October 19, 2012
Opinion regarding the enforcement of beach regulations on Fripp Island, a gated community in Beaufort County.
Requested by: The Honorable Tom Davis, Senator, District No. 46
September 19, 2012
Opinion concerning the procedure for approving new debt not exceeding the eight percent limitation of article X, section 14(7) of the South Carolina Constitution.
Requested by: Dennis K. Ray, Fire Chief, Lugoff Fire District
April 2, 2012
Opinion concerning the proper interpretation of the term “gross income” in the context of a county business license tax ordinance.
Requested by: Joshua A. Gruber, Esquire, Office of the County Administrator, Beaufort County
March 21, 2012
Opinion regarding the authority of a registered private security officer employed in an enclosed and/or gated residential enclave to pursue and stop vehicles, and detain and issue uniform traffic tickets or administrative traffic tickets to violators on streets within the enclave.
Requested by: Mark Keel, Chief, State Law Enforcement Division
February 29, 2012
Opinion concerning the authority of the Metropolitan Sewer Subdistrict created by Act 687 of 1969.
Requested by The Honorable David L. Thomas, Senator, District 8 and The Honorable Shane R. Martin, Senator, District 13
December 21, 2011
Opinion as to whether the provisions of section 33-31-1602 of the South Carolina Code (Supp.) 1994 superseded the bylaws and covenants of gated communities.
Requested by: The Honorable Tom Davis, Senator, District No. 46
February 8, 2011
Opinion concerning the City of North Myrtle Beach requiring a landowner to remove a catamaran (or other vessel) from the property that is subject to an easement.
Requested by: Chris Noury, City Attorney, City of North Myrtle Beach
January 14, 2011
Opinion regarding the effect of possible actions taken by a board member of a property owners association (“POA”) who was ineligible to serve on the Board at the time such actions were taken. Specifically, whether possible actions the board member may have taken, such as signing official documents, would “open up possible litigation” and whether other actions, such as making motions and voting on issues affecting the property owners, would make these actions void.
Requested by: The Honorable Mike Fair, Member, SC Senate
August 4, 2010
Opinion concerning Beaufort County’s policy of delegating its authority to enforce the County’s tree removal ordinance to homeowners associations.
Requested by: The Honorable Shannon S. Erickson, Member, House of Representatives
June 2, 2010
Opinion concerning Homeowners Associations (HOA) in South Carolina. Specifically, if Hinson Management is in violation of any code of law or regulation [by refusing to give home owners] the financial documents requested.
Requested by: The Honorable Glenn G. Reese, Member, SC Senate
February 5, 2008
Opinion questioning the types of restrictions that a homeowners’ association may place on homeowners generally.
Requested by: The Honorable Raymond E. Cleary, III, Member, SC Senate
July 11, 2007
Opinion concerning a homeowners’ association’s ability to impose a transfer fee on the purchasers of homes located in the area covered by the homeowners’ association.
Requested by: The Honorable Chip Huggins, Member, House of Representatives
November 14, 2006
Opinion questioning as to whether “a homeowners’ association can prohibit a residential homeowner from flying the American flag on his/her property?”
Requested by: The Honorable David L. Thomas, Member, SC Senate
August 11, 2006
Opinion regarding activities of the Charleston County School Board, where certain members admitted they violated the Sunshine Law.
Requested by: The Honorable Dwight A. Loftis, Member, House of Representatives
December 21, 2005
Opinion raising several questions regarding the duties of clerks of court and registers of deeds.
Requested by: The Honorable David Hamilton, Clerk of Court, York County
August 19, 2005
Opinion regarding a proposed ordinance that would prohibit the filling of privately owned lakes and ponds within the boundaries of a municipality.
Requested by: Chris Noury, Esquire
March 10, 2005
Opinion concerning the enabling Act of Clinton Newberry Natural Gas Authority.
Requested by: The Honorable A. A. Morris, Jr., Member, Newberry County Council
February 22, 2005
Opinion questioning the authority of a private security guard to issue citations for traffic violations in neighborhoods which have adopted the provisions of S.C. Code Ann. §§ 56-5-6310 et seq. (1991 and 2004).
Requested by: Mark A. Keel, Chief of Staff, South Carolina Law Enforcement Division
January 5, 2005
Opinion questioning the legality of a real estate transfer fee imposed by the Harbor Island Owners Association (HIOA) of Beaufort County.
Requested by: The Honorable Catherine Ceips, Member, House of Representatives
October 15, 2004
Opinion questioning the authority of law enforcement officers and private security guards to issue uniform traffic tickets for motor vehicle violations which are not hazardous moving violations in private communities in your county.
Requested by: The Honorable P.J. Tanner, Sheriff, Beaufort County
September 28, 2004
Opinion referenced the situation involving the Palmetto Dunes Resort on Hilton Head Island. Specifically, regarding S.C. Code Ann. Section 56-5-6310 subjecting the roadways to the jurisdiction of the State Uniform Act Regulating Traffic.
Requested by: The Honorable Scott H. Richardson, Member, SC Senate
July 31, 2003
Opinion concerning the Donalds-Due West Water Authority.
Requested by: The Honorable John Drummond, Senator, District No. 10; The Honorable William O’Dell, Senator, District No. 4; The Honorable Harry C. Stille, Member, House of Representatives; The Honorable Ronald P. Townsend, Member, House of Representatives; The Honorable Michael A. Pitts, Member, House of Representatives
August 30, 2001
Opinion “concerning authority of a private security officer employed in an enclosed and/or gated residential enclave to pursue and stop vehicles and detain and issue Uniform Traffic Tickets or administrative penalty notices to violators on streets within the enclave.”
Requested by: Robert M. Stewart, Chief, South Carolina Law Enforcement Division
September 24, 1999
Opinion questioning the constitutionality of Act No. 733 of 1967, concerning the Georgetown County water and Sewer District.
Requested by: The Honorable Vida O. Miller, Member, House of Representatives
October 20, 1997
Opinion concerning the following situation: a Municipal Judge of the Town of Kiawah Island directed a Memorandum and Order to all security organizations and code enforcement officers on Kiawah Island concerning the law enforcement authority of the Charleston County Sheriff on Kiawah Island.
Requested by: G. Trenholm Walker, Esquire
April 2, 1990
Opinion concerning whether the proper procedure was followed by the Oakridge Hunt Club in requesting that the Sheriff’s Department regulate traffic in the subdivision’s private roads which are maintained by the homeowner’s association.
Requested by: The Honorable Allen F. Sloan, Sheriff, Richland County
March 15, 1990
Opinion concerning whether the presence of a requirement that local zoning regulations be designed to “lessen congestion in the streets” prevents the use of the zoning regulations to rezone land to a higher use category with the expectation that unmitigated traffic congestion will result in certain places.
Requested by: The Honorable Glenn F. McConnell, Senator, District No. 41
July 30, 1984
Opinion concerning persons or corporations doing private security work on-premises, away from the corporate office or industrial site under the provision of § 40–17–100.
Requested by: The Honorable J.P. Strom, Chief, State Law Enforcement Division