Question:
Under South Carolina Law, how can a Board of Director member be removed? Primarily can the members of a Homeowners Association have a meeting called to remove a Board Member? If so what is the statute that allows that?
– Charles
Answer:
Hi Charles,
South Carolina’s Homeowners Association Act currently does not address this. However, South Carolina’s Nonprofit Corporation Act does. If your HOA is organized as a nonprofit, you can follow the provisions of this act below:
1. SECTION 33-31-808. Removal of directors elected by members or directors.
2. SECTION 33-31-809. Removal of designated or appointed directors.
3. SECTION 33-31-810. Removal of directors by judicial proceeding.
Your governing documents may also have certain procedural requirements when it comes to removing a board member. As such, it is best to check your bylaws and CC&Rs as well.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
