Lawsuit Against HOA

Click image below the following summary to read complaint filed 12/23/24. Here's a brief summary without all the legalese:

The value of your home is closely related to the performance of the HOA Board. Bad management, lower property values. Some of us have significant concerns. After multiple attempts to address our concerns directly and filing three complaints with SC Consumer Affairs, the HOA Board still refused to take accountability for improper management of our community. Mark Balcer and I filed a complaint on 12/23/24 in the Court of Common Pleas 13th Judicial Circuit to seek remedies for what we consider serious infractions that could cause Orchard Farms HOA to lose its nonprofit status and negatively impact the value of your home.

The Case # is 2024CP2307382 if you want to search for it in the Greenville County records to check the status at any time.

Summary of Issues Listed in Complaint:

• ·        Improper management of voting on HOA board candidates and Bylaw changes at 2024 Annual meeting that could have resulted in multiple votes by a single household.
• ·        Denial of homeowner access to relevant documents allowed by governing documents and South Carolina Nonprofit Corporation Act.
• ·        Improper notice of increase in HOA dues thus making the increases in 2022, 2023, and 2024 illegal.
• ·        Negligence and breach of duty allowing the South Orchard Detention Pond to go unmaintained requiring an approximate $26,000 expense to remediate the pond and correct a county violation.
• ·        Ignoring the requirements of our Covenants that provide for only five Board of Directors, thus the current Board was never properly elected and all actions taken on behalf of the Board are null and void.
• ·        No definition or description of beautification zones, rules of how they are maintained, and no documents on record in court
• ·        Income from facilities and non-dues income not tracked in line-item detail nor segregated from other funds. These funds should be used to maintain each specific amenity.
• ·        Misinterpretation of governing documents and South Carolina Nonprofit Corporation Act to make up their own rules.