Our initial scan found 3 potential issues in your governing documents.
We checked the 3 public PDFs on Fripp Island POA’s website against current South Carolina and federal HOA law—and more issues may exist depending on the documents you load.
✓Association Bylaws✓Rules & Enforcement Policies✓CC&Rs / Declaration+ Add up to 10 PDFs in Full Analysis
Association Bylaws · Sec. Amended and Restated Bylaws Article IV, Section 4.9 · Page 1
Allowing the Board of Directors to Remove Member-Elected Directors Violates SC Nonprofit Corporation Act
Operative Clause · Sec. Amended and Restated Bylaws Article IV, Section 4.9 (Page 1)
“Removal of Elected Directors Only for Cause by Two-Thirds Vote of Board — Any member of the Board of Directors may be removed from office prior to the expiration of his term only for cause or for three…”
Under the South Carolina Nonprofit Corporation Act, S.C. Code Ann. § 33-31-808(a), directors elected by members may be removed with or without cause ONLY by the members who elected them (unless the articles or bylaws specifically authorize the board to remove a director strictly for missing a specified number of meetings under § 33-31-808(i)).
Empowering the Board to remove a member-elected director 'for cause' without a membership vote or judicial proceeding under § 33-31-810 violates § 33-31-808.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Amend Section Amended and Restated Bylaws Article IV, Section 4.9 to conform with S.C. Code Ann. § 33-31-808(a) & § 33-31-809 (SC Nonprofit Corporation Act) prior to board adoption..
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
2 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 2 remaining issues—plus load up to 10 PDFs for complete review.
#
Potential Issue Surfaced in Initial Scan
Document
Severity
#2
Enforcement Hearing & Due-Process Notice Conflict
Rules & Policies
HIGH LEGAL RISK
#3
Leasing & Occupancy Rule Hierarchy Conflict
Declaration / CC&Rs
HIGH LEGAL RISK
+ Full Set
Additional Governing Documents You Load (Up to 10 PDFs) — Amendments, Rules, ARC Guidelines & Cross-Document Hierarchy
Up to 10 PDFs
INCLUDED IN $699 AUDIT
FULL GOVERNING DOCUMENT AUDIT · UP TO 10 PDFS · $699
What the Full Analysis Checks & How It Works
Statutory & Federal Check: Audits up to 10 PDFs (CC&Rs, Bylaws, Rules & Amendments) against South Carolina statutes, Federal law, and local codes.
Cross-Document Hierarchy Check: Flags internal contradictions where Rules, Policies, or Bylaws conflict with your recorded Declaration.
Marked-Up PDFs for Board & Counsel: Boxes each issue on the source page with the controlling statute cited and sample discussion wording.
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