The instances of litigation arising from homeowner associations in South Carolina has increased exponentially if the last several years. Breach of fiduciary responsibility claims can arise from anything like a failure to have a capital reserve study to failure to hold onto capital reserves to improperly governing the association or its various committees.
These actions are often very complicated, time consuming and detail oriented. The HOA oftentimes will rely on the Business Judgement Rule to protect their actions and their board members, and these cases can sometimes be difficult to get beyond a Summary Judgment Motion. That is why before a case is filed, it is important to speak to a knowledgeable and competent attorney to investigate whether you have a legitimate and viable claim.
If you feel that your HOA is abusing the powers given to it, please feel free to contact our firm to set up a consultation to discuss the matter. We can guide you in the right direction and represent you if you are being treated unfairly.
The Law Office of Dennis J. DiSabato, Jr., LLC
3888 Renee Drive, Suite 201
Myrtle Beach, SC 29579