Achievements & Results
Doug MacKelcan and Skyler Wilson Assist Horizontal Property Regime Change its Governing Documents via Unique Statutory Procedure
Members of a condominium horizontal property regime were in an internal deadlock on how to amend their governing documents to reflect changes various owners had made to their units, expanding square footage into common areas. The governing documents required unanimous consent to amend, which had proved impossible. Relying on the Nonprofit Corporation Act, Doug and Skyler asked the court to lower the unanimity requirement to a majority vote. The Master-in-Equity agreed, requiring a majority approval to amend the governing documents. Dissenting members of the regime appealed, and the Court of Appeals affirmed the decision. The Supreme Court of South Carolina declined to change the Court of Appeals decision. Utilizing the unique procedure in the Nonprofit Corporation Act allowed the regime to make necessary changes to its governing documents over the dissent of a few members.
