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.

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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.

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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.

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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.

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January 26, 2016

Opinion regarding books and records inspection for homeowners associations in South Carolina.

Requested by Senator Tom Davis.

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August 24, 2015

Opinion regarding use of Special Tax District tax funds.

Requested by G.P. Callison, Jr., Esq., McCormick County Attorney.

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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.

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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.

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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