South Carolina Community Association Law Blog: Category Archive for Homeowners Association

The South Carolina Community Association Law Blog - By D. Ryan McCabe

Covering the law of homeowners associations, property owners associations, condominium associations, cooperatives and other community associations.

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My name is D. Ryan McCabe. I am a shareholder of Rogers, Townsend and Thomas, PC in Columbia, South Carolina. I primarily practice in the areas of Community Association Law, Construction Law and Business Law. I am a former drywall, stucco, steel stud framing, and painting contractor. I was a USG Certified EIFS Contractor and currently hold a SC Residential Specialty Contractors license
Contact D. Ryan McCabe
Rogers, Townsend and Thomas, PC Synergy Business Park 220 Executive Center Drive Suite 109 Columbia, South Carolina, 20210 P (803) 744-1826 F (803) 343-7017 rmccabe@rtt-law.com
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Recent Posts
1. Property Maintenance Company Cannot Foreclose on Condo Units
  Monday, February 27, 2012
2. Self-Help and Covenant Enforcement- Drawing a Line in the Sand
  Monday, February 27, 2012
3. ADA Pool Regulations and Community Associations
  Wednesday, February 22, 2012
4. Alcoholic Beverage Licences for Homeowners' Associations
  Wednesday, February 22, 2012
5. Risk Management Assessment for Condos and HOAs
  Monday, February 13, 2012
6. Keeping the Reins: Beware of Underhanded Boards and Their Tactics to Remain in Power
  Monday, January 09, 2012
7. Proposed Gun Range in Posh Condo Penthouse
  Monday, January 09, 2012
8. Association Meetings Must be Properly Noticed
  Monday, December 12, 2011
9. Board Committees
  Monday, December 12, 2011
10. Ambiguous Covenant Construed to Permit Pet Bird
  Monday, December 12, 2011
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Recent Comments
1. smkay on Proposed FHFA Regulation Affecting Community Associations
  9/14/2010
2. Ryan McCabe on A Possible South Carolina Homeowner's Association Act
  6/26/2009
3. Ryan McCabe on A Possible South Carolina Homeowner's Association Act
  6/26/2009
4. Ryan McCabe on A Possible South Carolina Homeowner's Association Act
  6/26/2009
5. Ryan McCabe on Gated Communities May Need to Remove or Replace Their Gates
  6/26/2009
6. Ryan McCabe on Gated Communities May Need to Remove or Replace Their Gates
  6/26/2009
7. Carol on Gated Communities May Need to Remove or Replace Their Gates
  6/25/2009
8. Claude Jackson on A Possible South Carolina Homeowner's Association Act
  6/23/2009
9. Claude Jackson on A Possible South Carolina Homeowner's Association Act
  6/21/2009
10. Bob Richardson on Gated Communities May Need to Remove or Replace Their Gates
  6/9/2009

ADA Pool Regulations and Community Associations

Posted by Ryan McCabe at 2/22/2012 12:50 PM | Add Comment

Risk Management Assessment for Condos and HOAs

Posted by Ryan McCabe at 2/13/2012 12:05 PM | Add Comment

Proposed Gun Range in Posh Condo Penthouse

Posted by Ryan McCabe at 1/9/2012 11:00 AM | Add Comment

New FL HOA Bill Passes- Good News for SC?

Posted by Ryan McCabe at 7/13/2011 8:22 AM | Add Comment

Communication with Residents

Posted by Ryan McCabe at 6/3/2011 8:50 PM | Add Comment

Waiver of Covenant Enforcement

Posted by Ryan McCabe at 4/13/2011 8:17 AM | Add Comment

Age Restrictions Article

Posted by Ryan McCabe at 4/1/2011 6:38 PM | Add Comment

Rock Hill Residents Relent

Posted by Ryan McCabe at 1/13/2011 7:25 PM | Add Comment

11th Circuit Finds Rental Ad does not Violate Fair Housing Act

Posted by Ryan McCabe at 12/17/2010 7:49 PM | Add Comment

Regulation of Private Roads

Posted by Ryan McCabe at 11/18/2010 11:58 PM | Add Comment

Community Within a Community Upsets Neighbors

Posted by Ryan McCabe at 11/15/2010 11:14 AM | Add Comment

Why Incorporate?

Posted by Ryan McCabe at 10/31/2010 7:27 PM | Add Comment

HOA President Sues Members

Posted by Ryan McCabe at 10/12/2010 9:45 PM | Add Comment

Court of Appeals Finds for Developer in Homeowner Uprising

Posted by Ryan McCabe at 10/7/2010 9:23 PM | Add Comment

The Right to Inspect Records

Posted by Ryan McCabe at 9/21/2010 9:27 AM | Add Comment

Record Keeping 101

Posted by Ryan McCabe at 9/14/2010 10:24 PM | Add Comment

Model Code of Ethics for Board Members

Posted by Ryan McCabe at 9/7/2010 12:46 PM | Add Comment

Proposed FHFA Regulation Affecting Community Associations

Posted by Ryan McCabe at 9/1/2010 10:27 AM | View Comments (1) | Add Comment

Fannie Mae Lending Guidelines Affecting Condos

Posted by Ryan McCabe at 8/30/2010 8:18 PM | Add Comment

Homeowner Injured in Common Area: What Duty Does the Association Owe?

Posted by Ryan McCabe at 8/20/2010 2:06 PM | Add Comment

Enforce Covenants Consistently to Avoid Waiver

Posted by Ryan McCabe at 6/9/2009 7:55 AM | Add Comment

An Association Must Be Represented by a Licensed Attorney

Posted by Ryan McCabe at 5/13/2009 2:46 PM | Add Comment

A Possible South Carolina Homeowner's Association Act

Posted by Ryan McCabe at 4/7/2009 12:29 PM | View Comments (6) | Add Comment

Issues Concerning the Enforcement of Claims against Declarants

Posted by Ryan McCabe at 4/6/2009 11:13 AM | Add Comment

Collection of Assessments in Lieu of the Federal Racketeering Act

Posted by Ryan McCabe at 3/20/2009 7:53 AM | Add Comment

An Association Need Not Present a Homeowner with Copies of Governing Documents to Be Able to Enforce Them

Posted by Ryan McCabe at 3/18/2009 3:44 PM | Add Comment

Plaintiff Liable for Defendant's Attorney's Fees upon Covenant Interpretation

Posted by Ryan McCabe at 3/16/2009 7:43 AM | Add Comment

Drafting Covenants

Posted by Ryan McCabe at 3/10/2009 2:17 PM | Add Comment

An Association Should Have Workers' Compensation Insurance

Posted by Ryan McCabe at 3/10/2009 1:37 PM | Add Comment

Possible New Homeowners' Association Responsibilities and Fees

Posted by Ryan McCabe at 3/6/2009 8:38 AM | Add Comment

Express Covenants by Reference and Equitable Servitudes by Implication?

Posted by Ryan McCabe at 2/24/2009 9:31 AM | Add Comment

Application of Restrictive Covenants: Must the Covenants Be Expressly Laid Out in the Deed?

Posted by Ryan McCabe at 2/23/2009 8:41 AM | Add Comment

An Association's President Lacks Standing to Bring a Derivative Suit on Behalf of the Association

Posted by Ryan McCabe at 2/19/2009 7:42 AM | Add Comment

A Mechanic's Lien for Mowing, Trimming, Edging, and Street Cleaning?

Posted by Ryan McCabe at 2/11/2009 8:43 PM | Add Comment

Interpreting and Enforcing Restrictive Covenants

Posted by Ryan McCabe at 2/9/2009 8:35 AM | View Comments (2) | Add Comment

Change in Owner's Voting Power - A Due Process Violation?

Posted by Ryan McCabe at 2/3/2009 9:24 PM | Add Comment

Business Judgment Rule Applies Only When Board Directors Act Within Their Authority and Without Bad Faith

Posted by Ryan McCabe at 2/3/2009 4:21 PM | Add Comment

Homeowners Must Show Damages to Claim Breach of Fiduciary Duty by Association

Posted by Ryan McCabe at 2/2/2009 10:46 PM | Add Comment

Community Associations are Not Subject to Fair Debt Collection Practices Act

Posted by Ryan McCabe at 1/31/2009 4:23 PM | Add Comment

Need for Quorum at Association's Meetings

Posted by Ryan McCabe at 1/31/2009 10:19 AM | Add Comment

Special Assessments

Posted by Ryan McCabe at 1/30/2009 8:07 AM | Add Comment

Association Liable for Attorney's Fees after Violating Deed Restrictions

Posted by Ryan McCabe at 1/23/2009 12:13 PM | Add Comment

Association Members Bound by Release of Claims against the Association

Posted by Ryan McCabe at 1/21/2009 10:11 AM | Add Comment

Should Builders Be Required to Pay Assessments on Lots Without Houses?

Posted by Ryan McCabe at 6/30/2008 11:03 PM | View Comments (4) | Add Comment

Community Association Strategies to Deal with Renters

Posted by Ryan McCabe at 6/30/2008 10:56 PM | View Comments (2) | Add Comment

North Chareston: Cedar Grove HOA Takes on Developer

Posted by Ryan McCabe at 6/29/2008 9:14 PM | Add Comment

What is the Scope of a Property Manager's or Community Association Manager's Authority?

Posted by Ryan McCabe at 6/29/2008 8:48 PM | Add Comment

“Opt-out” Class Action and Notification Procedure is the Exclusive Method of Class Action Litigation in South Carolina

Posted by Ryan McCabe at 6/28/2008 10:07 PM | Add Comment

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