HOA won’t Identify Board Members

newsQ: My HOA in South Carolina refuses to give me the names of the members of our board of directors. Is this legal?

A: This answer is from my law partner, Cynthia Jones, who is licensed in South Carolina.

Like North Carolina, the South Carolina Nonprofit Corporation Act of 1994 requires the corporation to maintain, as part of its corporate records, the names and addresses of all current officers and directors. Those records may be inspected by members who give written notice of their desire to see them at least five business days in advance.

The particular statutes can be found in the South Carolina Code of Laws §§ 33-31-1601, 1602, and 1603 . I assume it’s the HOA’s property manager who is refusing your request. I suggest that you send written notice to the property manager with your request to see the records. Be sure to give at least five days’ notice. Note that the law allows the HOA to impose a reasonable charge for the cost of labor and material for any copies that it provides to you.

Charlotte attorney Michael Hunter represents community and condominium associations for the firm of Horack Talley.

“Ask The Experts” Articles have been Reprinted with permission from the Charlotte Observer and Mike Hunter.

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