Sumter, SC asked in Real Estate Law and Business Law for South Carolina

Q: How long can the HOA Board extend the voting deadline in order to obtain the quorum needed to change restrict covenants?

By-Laws require a quorum of 35% to make revisions to the Restrictive Covenants, which the Board calculates to be 124. There were town meetings throughout 2024, plus a committee and ultimately a list of proposed changes to Restrictive Covenants was compiled. There was a ballot vote taken on 10/19/24 at the annual HOA picnic. A quorum was not met. The Board extended the due date to 10/31/24. Still no quorum. Upon Member inquiries, the Board shared that they still needed “20 ballots to have a quorum.” Next, they mailed out letters to all remaining Members that have not voted. I asked if they included a due date in those letters to which they replied: “Mailers went out last week. We have votes coming in from that mailer but have not had time to total them. Need more spare time!”

What, if anything, can the Members do to compel answers to our questions as well as general transparency by the Board, particularly with reference to voting on the Restrictive Covenant changes?

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