HOA tells the man to take down the Christmas decorations

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A South Carolina man says her Christmas decorations must be taken down after the HOA’s property management company said the display violated regulations. Douglas Dwyer told WMBF-TV that decorating his condo, located in the Myrtle Beach Golf & Yacht Club, was a labor of love. His house is covered in what he estimates to be around 10,000 lights, but it’s a job he says was well worth his time in order to light up the faces of his neighbors. piece at a time – and it turned out to be magic,” Dwyer said. After sharing the light show on Nextdoor, residents of the surrounding residential community responded enthusiastically, with many dropping by in person to take a look. Even so, Dwyer said he was told by his HOA’s property management company on Tuesday that his decor violated the main act. and statutes, and must be withdrawn by Thursday. The Myrtle Beach Golf & Yacht Club area is governed by a different HOA. a section of the main deed which stated that “rubbish, debris, towels, linens or materials of any kind” could not be stored on shared property. Dwyer is not convinced that this is a genuine violation of these rules and regulations. The email also said he would either have to remove the political flag he had on the outside wall of his house, as well as the Christmas lights and decorations from the yard, or face having the items removed from his costs. “It’s just crazy. Are they going to charge me to take down the Christmas lights?” he questioned. It’s unclear exactly what led to the application of the HOA’s Bylaws and Main Act. Dwyer’s HOA close neighbors told WMBF News it was the opposite of a nuisance to them. “I don’t think it’s a problem. I really don’t know,” a neighbor said. It lifts your spirits – it is, after all, Christmas.’ one of the owners of a condominium building who is legally bound by the rules and regulations, as well as the Master Deed & By Laws which apply to all owners and are known to all owners. currently in violation of Master Deed Section 14. According to Master Deed, you may not attach or store any material on the building or in the common areas. Our office does not create the rules for this community, we apply the saved rules as instructed to do. Please note that there are several different associations within Myrtle Beach Golf & Yacht Club, each with different principal acts and statutes and rules and regulations. Property Management, Old Colony RealtyWMBF followed up to ask if other neighbors within the HOA also had Christmas decorations were also in violation, but we did not hear back. “I don’t think I’m asking for much to bring joy to the community. That’s all it is. It’s joy and joy,” Dwyer said. “People pass by and they smile. And that’s what I wanted to give to the community, and I needed it myself. “You give up a ton of rights by moving into a place with an HOA, and they can define almost any set of rules, and those rules can be very conservative,” Richardson said. “People say, ‘That’s my First Amendment right — that’s a right that I have as an American citizen. And by and large, you do – but you gave up some rights to enter an HOA. Richardson said that ultimately residents should elect new council members if they are unhappy with the decisions made. Another recommendation is to bring these issues to the attention of state legislators in hopes that the laws governing HOAs might change. The Homeowners Association Act proposed ways to require more transparency from HOAs while creating clearer guidelines on how to submit a complaint for review and response by the HOA through the Department of Consumer Affairs. Since then, hundreds of complaints have been received. The department may receive such complaints from homeowners, but it cannot compel the HOA to address the situation or even respond to the complaint for that matter. To file a complaint with the Department of Consumer Affairs, you can find more information here.Copyright 2021 WMBF. All rights reserved.

A South Carolina man says her Christmas decorations must be taken down after the HOA’s property management company said the display violated regulations.

Douglas Dwyer told WMBF-TV that decorating his condo, located in the Myrtle Beach Golf & Yacht Club, was a labor of love.

His house is covered in what he estimates to be around 10,000 lights, but it’s a job he says was well worth his time in order to light up the faces of his neighbors.

“It came together like a Tetris puzzle, so to speak – one piece at a time – and it turned out to be magical,” Dwyer said.

After sharing the light show on Nextdoor, residents of the surrounding residential community responded enthusiastically, with many dropping by in person to take a look.

Even so, Dwyer said he was told by his HOA’s property management company on Tuesday that his decor violated the main act and regulations and had to be removed by Thursday. The Myrtle Beach Golf & Yacht Club area is governed by a different HOA.

According to an email Dwyer received from Old Colony Realty Property Management, “owners are not permitted to alter or affix any items outside the property,” quoting a section of the main deed that read ” rubbish, debris, towels, linens or materials of any kind” could not be stored on common property.

Dwyer is not convinced that this is a genuine violation of these rules and regulations. The email also said he would either have to remove the political flag he had on the outside wall of his house, as well as the Christmas lights and decorations from the yard, or face having the items removed from his costs.

“This is just crazy. They’re going to charge me to take down the Christmas lights?” he asked.

It’s unclear exactly what led to the application of the HOA’s Bylaws and Main Act. Close neighbors of Dwyer’s HOA told WMBF News it was the opposite of a nuisance to them.

“I don’t think that’s a problem. I really don’t know,” a neighbor said. “It lifts your spirits – it is, after all, Christmas time.”

The property management company told WMBF News that it “enforces the registered rules as we were instructed to do.”

The Property Manager has been appointed by the Night Heron Association Board of Directors to apply the Master Deed & By Laws. Mr. Dwyer is one of the owners of a condominium which is legally bound by the rules and regulations, as well as the Master Deed & By Laws which apply to all owners and are known to all owners. As such it is currently in violation of Section 14 of the Master Deed. According to the Master Deed, you cannot attach or store any material on the building or in the common areas. Our office does not create the rules for this community, we apply the saved rules as instructed to do. Please note that there are several different associations within Myrtle Beach Golf & Yacht Club, each with different principal acts and statutes and rules and regulations.

Property Management, Old Colony Realty

WMBF followed up to ask if any other neighbors within the HOA who also had Christmas decorations were also in violation, but we got no response.

“I don’t think I’m asking for much to bring joy to the community. That’s all it is. It’s joy and joy,” Dwyer said. “People pass by and they smile. And that’s what I wanted to give to the community, and I needed it myself.

Fifteenth Circuit attorney Jimmy Richardson said his office often hears about civil cases that police cannot get involved in, such as HOA issues.

“You give up a ton of rights by moving into a place with an HOA, and they can define almost any set of rules, and those rules can be very conservative,” Richardson said. “People say, ‘That’s my First Amendment right — that’s a right that I have as an American citizen. And by and large, you do – but you gave up some rights to enter an HOA.

Richardson said that ultimately residents should elect new council members if they are unhappy with the decisions made. Another recommendation is to bring these issues to the attention of state legislators in hopes that the laws governing HOAs might change.

In 2018, state lawmakers enacted new ways to track trends in issues South Carolinians are having with their HOAs.

The Homeowners Association Act proposed ways to require more transparency from HOAs while creating clearer guidelines on how to submit a complaint for review and response by the HOA through the Department of Consumer Affairs.

Since then, hundreds of complaints have arrived. The department may receive these complaints from homeowners, but it cannot compel the HOA to address the situation or even respond to the complaint for that matter.

To file a complaint with the Department of Consumer Affairs, you can find more information here.

Copyright 2021 WMBF. All rights reserved.

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