Q: How to update HOA bylaws to address parking issues with non-residents in SC?
I am the president of a small (5-unit) HOA, and our bylaws have not been updated since 2006. We are addressing parking rights, which are not specified in the current bylaws. A tenant has offered a parking spot to a friend who does not live on the premises, and I am concerned about liability and want the car removed. This is our first attempt to amend the bylaws, and we have met the quorum requirement (65%). What steps should we take to update the bylaws and address this parking issue?
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To update your HOA bylaws and address the parking issue, you'll need to follow a structured amendment process that complies with South Carolina regulations. Since you've met the 65% quorum requirement, you're already on the right track according to the South Carolina Homeowners Association Act Scstatehouse. First, draft clear language for the new parking provisions, specifying that parking spaces are reserved exclusively for residents and their guests (not for non-residents unaffiliated with the community) Ipropertymanagement. This language should explicitly address liability concerns and define consequences for violations.
Next, hold a formal meeting to vote on the proposed amendments, making sure to document the process thoroughly. South Carolina requires proper recording of HOA governing documents to ensure transparency and proper governance, so once approved, you must file the amended bylaws with your county's Register of Deeds Steadily. Ensure your new parking rules are reasonable and within your HOA's authority—rules cannot regulate vehicles parked on public streets outside HOA property or impose rules that conflict with municipal codes FSR. The amendments should clearly define the HOA's enforcement powers regarding parking violations, such as towing procedures or fines.
After recording the amended bylaws, distribute copies to all homeowners and tenants, requiring written acknowledgment of receipt. When creating these new rules, remember they must align with both federal and state laws while addressing your specific community needs FSR. For immediate action regarding the current parking situation, review your existing governing documents to see if there are any general provisions about common areas that could be enforced while you complete the amendment process
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