Directors Qualification Nonprofit Corporation South Carolina

Home Owners' Association Public Benefit with Charitable Purpose

Directors Qualification Nonprofit Corporation South Carolina.  Home Owners' Association Incorporated as a Public Benefit Corporation (Eleemosynary) with a Charitable Purpose.

Need Legal Opinion
For consideration in the nomination process of Members for Election to the Board of Administration (Directors).

I.    First policy question:
        The spouse of a Unit (parcel) Owner, where the spouse is NOT listed by Name on the Deed that signifies ownership.  Does this spouse meet the criteria for qualification as a director of a nonprofit corporation.  When the Bylaws specify ownership "Qualification for Directors"  -  "all of whom must be co-owners of Units in the Property."

II.   Second policy question:
        In the case where the Unit (parcel) Owner Name on the Deed which signifies ownership is an Entity (artificial person).  NOT any individual.  Do the members and partners (natural persons) within this Entity receive a pass through to meet the qualifications specified by the South Carolina Nonprofit Corporation Act of 1994, "All directors must be natural persons"  and the Bylaws specify ownership "Qualification for Directors"  -  "all of whom must be co-owners of Units in the Property."

            In some jurisdictions, when ownership is specified, an Entity (artificial person company - corporation as owner) is prohibited and may not sit as a director.  In other words,  can the voting power (member shares) owned by a company - corporation (entity - artificial person) designate a member - individual of the entity to sit on the board when this individual is NOT named on the Deed which specifies ownership?

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