Our initial scan found 3 potential issues in your governing documents.
We checked the 1 public PDF on Rolling Hills 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 III, Section 4 · Page 1
Eliminating the members' statutory right to call a special meeting upon written request of 5% of voting members violates SDCL § 47-23-1.
Operative Clause · Article III, Section 4 (Page 1)
“Special Meetings Called Only by Officers — Special meetings of the Members of the Association may be called only by the President or the Board of Directors, and Lot Owners shall have no authority to call…”
Why It’s Flagged
SDCL § 47-23-1
Under SDCL § 47-23-1, special meetings of the members may be called by the president, the board of directors, or such other officers or persons as may be provided in the articles or bylaws, or by members having not less than one-twentieth (5%) of the votes entitled to be cast at such meeting.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Amend Article III, Section 4 to conform with SDCL § 47-23-1 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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