Could a South Carolina homeowners association give its board additional powers through bylaws?

Plain-English summary

A legislator asked whether a nonprofit home or property owners association could give its directors powers beyond those expressly listed in the then-applicable nonprofit corporation statute. The AG answered yes, within two limits. A bylaw conferring the power had to concern management of the corporation's property or regulation of its affairs, and it could not conflict with existing law.

The letter rested on the statutory power of corporations organized under that article to make bylaws for those purposes. It did not approve a particular bylaw or decide whether every proposed additional power would satisfy the conditions.

Currency note

This opinion was issued in 1994. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could the association's bylaws add board powers?
Yes, the AG said, beyond powers enumerated in the corporate statute, subject to the bylaw-purpose and legality limits.

Could a bylaw conflict with an existing law?
No. The statute and the opinion required bylaws to be consistent with existing law.

Did the opinion approve a specific proposed bylaw?
No. It stated a general rule for the association in the request rather than assessing a particular bylaw's wording.

Background and statutory framework

The opinion quoted the nonprofit corporation statute's authority to make bylaws for property management or regulation of corporate affairs. It read that authority as permitting additional director powers only when the bylaw served those purposes and did not conflict with law. The request mentioned attachments, but the letter did not analyze their contents.

Citations and references

• § 33-31-100(10): the bylaw-authority provision quoted in the letter.

Official title

Asking whether a Home/Property Owners Association, organized as a nonprofit corporation under § 33-31-10, et seq., S.C. Code of Laws, Ann., 1990, could provide their Board of Directors with additional powers through the enactment of corporate by-laws.

Requester

The Honorable Harold G. Worley, Member of House of Representatives

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/july-21-1994/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/1994july21worley.pdf

Original opinion text

T. TRAVIS MEDLOCK
ATTORNEY GENERAL

REMBERT C. Dl!NNIS BUILDING
POST OFFICE BOX 11.549
COUJMBIA, S.C. 29211-1.549

TELEPHONE.: 803-734-3727
FACS™ll..E: 803-253-6283

July 21, 1994

The Honorable Harold G. Worley
Member, House of Representatives
P. o. Box 296
N. Myrtle Beach, SC 29597-0296
Dear Representative Worley:
In your letter and attachments of June 24, 1994, you asked whether a Home/Property Owners Association, organized as a nonprofit corporation under § 33-31-10, et seg., s. c. Code of Laws, Ann., 1990, could provide their Board of Directors with additional powers through the enactment of corporate by- laws. Section 33-31-100 enumerates ten (10) specific powers possessed by every corporation chartered under that article. Specifically, these corporations have the power to:
[M)ake bylaws not inconsistent with any existing law for the management of its property or the regulation of its affairs.

s. c. Code,§ 33-31-100(10).
Therefore, the Association can provide its Board of Directors with powers other than those enumerated in S 33-31-100 through the enactment of bylaws provided (1) the purpose of the bylaw is the management of the corporation's property or the regulation of its affairs and (2) the bylaw is not inconsistent with any existing law.

The Honorable Harold G. Worley
Page Two
July 21, 1994

I trust that this answers your question. Sincerely,

~~hanan

Smith

Assistant Attorney General

RBS/fc

General

Robert D. Cook
Executive Assistant for Opinions

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