South Carolina

South Carolina Annual General Meeting Requirements for Condos, Co-Ops, and HOAs

Annual meetings and board meetings are required for homeowners associations. Unfortunately, holding association meetings can be difficult. Many of the homeowners are unable to attend during the day because of work. Likewise, many members are unable to attend in the evening because of work or family obligations.

BuildingBoard has a better way to hold annual meetings and board meetings that encourages greater participation by members.

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Population

5,148,714

Housing Units

2,351,286

Owner Occupied

69.40%

Associations

6,945

Simplify Your Board Meetings in South Carolina With BuildingBoard

BuildingBoard is a remote platform for association meetings. Homeowners and board members can attend meetings easily from any location. Our system is internet-based, so all you need is a smartphone, computer, or tablet with a web browser. There is nothing to download, and the system is easy to use.

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Risks of Missing a Quorum in South Carolina

Missing a quorum for an annual meeting or board meeting causes problems. First, you need to reschedule the meeting. Second, you cannot conduct any association business. Therefore, urgent matters could become emergencies, and other matters remain in limbo.

Remote meetings can resolve the problem of meeting quorums. Because members can attend live meetings and vote remotely, there is a better chance that more members will participate. Thus, remote meetings can solve your problem with quorums and encourage greater participation by association members.

Annual General Meeting Requirements

The annual meeting is held to conduct business that impacts the entire community. However, these meetings may also provide owners and shareholders the opportunity to voice concerns or issues.

The Horizontal Property Act

The Horizontal Property Act governs condominiums that declare through the recoding of a master deed that they desire to submit the property to the regime established by this chapter. Apartment owners have exclusive ownership and right to their apartments. They also have an interest in the common property that is owned by the regime.

The Act allows the co-owners to incorporate the association for the purposes of managing the regime. Most condominium associations are organized as nonprofit corporations. The bylaws contained in the master deed govern the management and administration of the property.

South Carolina Homeowners Association Act

The South Carolina Homeowners Association Act was enacted to impose disclosure requirements on HOAs and establish a Department of Consumer Affairs Services for Homeowners and HOAs. The Act states that the governing documents for the HOA must be recorded in the county offices to be enforceable, unless otherwise provided in the HOA Act.

The HOA Act does not contain information about annual meetings, voting, quorums, or proxies.

The South Carolina Nonprofit Corporation Act of 1994

Since most homeowners associations are organized as nonprofit corporations, they are subject to the South Carolina Nonprofit Corporation Act of 1994. According to the Act, an association must hold a member meeting at least once per year. The member meeting may be held at a place stated in the bylaws or at the corporation’s principal office if the bylaws do not state a place for the meeting. 

Notice of the annual meeting must be fair and reasonable. Sending a meeting notice at least ten days before the meeting (30 days if sent to the owner by a method other than first-class or registered mail) is considered fair and reasonable. Notices should not be sent more than 60 days before the meeting date.

Action may be taken without an annual meeting if the association delivers a written or electronic ballot to each member. The ballot must detail the proposed action and allow the member to vote for or against the action. Approval of the action requires enough ballots to constitute a quorum if a meeting were held to take a vote.

A quorum is achieved if there is at least ten percent of the eligible votes to be case represented at the meeting. The bylaws may change the quorum for an annual meeting. Members may vote by proxy unless it is prohibited or restricted by the bylaws or articles.

Virtual Annual Meetings in South Carolina

The laws for condominiums, HOAs, and nonprofit corporations do not expressly allow or prohibit remote meetings. However, it states that annual meetings are held at a “place” fixed by the bylaws. If the bylaws do not specify a place, then the meetings “must be held at the corporation’s principal office.”

However, there is a provision in the nonprofit statute that permits board members to participate in meetings by any means of communication by which all directors may hear each other. It does not state members may attend meetings remotely. 

Associations may want to check with their lawyers to determine if their bylaws and the current laws in South Carolina permit remote annual meetings in addition to remote board meetings.

Hold Your South Carolina Annual Board Meetings Virtually with BuildingBoard

BuildingBoard is easy to use, convenient, and avoids problems reaching quorums. Schedule your meeting, invite members via email, and conduct the vote on the day of the meeting. Your members vote via their smartphone or computer.

Are you ready to simply your annual meetings? Contact BuildingBoard to learn more about our services and to schedule a demo.

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