Hoa changing covenants

2 Replies

does anyone know the legal process that an hoa has to go through in south carolina to change building restrictions.  there is a subdivision that has had restrictions in place and recorded for almost 20 years.  the current arch review committe is not approving building plans that fit under the recorded covenants.  there was a house that was just built in the last month that meets the recorded covenants, but does not meet their new guidelines.  the committee is telling people that the new changes are in place.  i thought that this would have to come to a vote before being put in place?  any advice from anyone out there?  thanks for any input.

adam

Read your covenants closely. Some are extremely vague in the authority they give committees which generally leads to abuse. I was an HOA president for a few years and this issue came up. I ended up suspending the architectural committee for a time and implemented a temporary review process by which our HOA attorneys review any applications and offered opinions based on our covenants. We then had to go through the tedious task of updating to CC&Rs so that any regulations had to be approved by the board. It was a frustrating process that took a long time.

@Rick Zink

thanks rick for the insight.  the covenants state the any arch review committee has the right to implement the recorded covenants.  it doesn't say anything about making up new rules out of thin air.  especially when a house was just completed a month ago, but would not fit in their new quidelines.