Our initial scan found 3 potential issues in your governing documents.
We checked the 1 public PDF on Red Rock Meadows HOA’s website against current South Dakota and federal HOA law—and more issues may exist depending on the documents you load.
✓Association Bylaws+ Add up to 10 PDFs in Full Analysis
Association Bylaws · Article IV, Section 5 · Page 1
Setting the membership meeting quorum at 5% violates the statutory 10% minimum quorum floor under the South Dakota Nonprofit Corporation Act.
Operative Clause · Article IV, Section 5 (Page 1)
“Quorum for Membership Meetings — The presence in person or by proxy of five percent (5%) of the Members entitled to vote shall constitute a quorum for the transaction of business at any annual or special…”
Why It’s Flagged
SDCL § 47-23-9
Under SDCL § 47-23-9, the bylaws may provide the number or percentage of members entitled to vote, represented in person or by proxy, which shall constitute a quorum at a meeting of members, but in the absence of such provision—and as the statutory floor under South Dakota nonprofit law—members holding one-tenth (10%) of the votes entitled to be cast are required to constitute a quorum.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Amend Article IV, Section 5 to conform with SDCL § 47-23-9 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.
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