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RebeccaB3 (South Carolina)
Posts: 16
Posted:
We are in South Carolina and have a name discrepancy in our documents. Is there a legal difference between an HOA (Homeowners Association) and a POA (Property Owners Association)? Our Covenants us the term POA and our Bylaws use the term POA.

Thanks for any advice.

Rebecca
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Either way it's written, it's time to update/upgrade your documents. If your developer has left the building (with Elvis), then your HOA/POA should have done this already. The documents will require changes removing the developer references including their voting rights out of the documents. Your HOA may want to make some changes with technology or green energy allowances. I would even suggest checking into the amount of votes it takes to modify your documents.

It's a good idea to hire a lawyer familiar with contractual type laws. (Not necessarily a real estate attorney that does closings etc.) Shop around and see what they can offer you. I would suggest having a few meetings to discuss as many items as possible prior to contacting a lawyer. Sort out and understand the documents, know the requirements to change them, and who should write up the draft. This will save some time and money when finally involving a lawyer. A good committee of volunteers would be good to establish for this.

Otherwise, I don't think there is much difference between a POA and a HOA except that a house/structure may be involved in a HOA, while just plain property/land considered a POA. That's just a guess though...

Former HOA President
SusanW1 (Michigan)
Posts: 5,202
Posted:
Describe your setting. This could be a vacation lot situation, for all we know.

Your IRS determination letter could also confirm what you are.

RebeccaB3 (South Carolina)
Posts: 16
Posted:
We are a development of high-end single family homes located in South Carolina. This is not a vacation lot situation. The HOA has been in existence since 2003.
RebeccaB3 (South Carolina)
Posts: 16
Posted:
Thanks MelissaP1. We are working on that and the question came up as to the difference in the terms.

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