Petition for Redress of Grievance
to the House of Representatives
Convening January 08, 2008
General Assembly Statewide Session
Legislature State of South Carolina
January 01, 2008
The Honorable Robert W. Harrell, Jr.
Speaker of the House
South Carolina House of Representatives
506 Blatt Building
Columbia, SC 29211
Mr. Speaker,
I. My GRIEVANCE:
I am disturbed and perceive The State of South Carolina has created a method for the enrichment of for-profit companies through capturing of assessment fees, the funds, paid to a nonprofit public benefit incorporated home owners' association by its members. Allowing for the exploitation of people, such as widow women, those mentally incapable of managing their financial - property affairs, those receiving government funded public assistance, and disabled pensioners;
With The House of Representatives Noticing Citizens in Act 384 of the 110th Session, The South Carolina Nonprofit Corporation Act of 1994;
"requires the concept that memberships in public benefit and religious corporations are not securities," thus resulting in some loss of protection under provisions of the Williams Act and - or Takeover Bid Disclosure Act(s), which call for notification by publication of the intent through purchasing five percent (5%) or more of the shares of a target corporation to install new management;
and:
memberships in public benefit and religious corporations "do not represent a valuable asset, are personal to each member, and should not be sold for value" contrary to where home ownership by many if not most people is considered their most valuable asset;
and:
"members of a public benefit corporation cannot receive anything of economic value as a result of a derivative suit" resulting in reluctance to seek civil remedies when management fails to execute actions approved by the members because the possibility exists the pursuit would be fruitless resulting in additional economic loss or disparity, creating an inequity which the type of people mentioned in the first paragraph above are basically left with a feeling of powerlessness being unable to afford expensive litigation to defend their rights.
II. REDRESS
The House of Representatives introduce a bill or bills(s) for deliberation to possibly enact revision of both The South Carolina Nonprofit Corporation Act of 1994 and - or The Horizontal Property Act:
"to NOT allow the incorporation of property regimes - home owners' associations, as public benefit corporations" where the transfer of property by deed results in a transfer of voting power share ownership.
to adopt optional Section 8.13 of The REVISED MODEL NONPROFIT CORPORATION ACT (1987) so that "No more than 49 percent of the individuals serving on the board of any public benefit corporation may be financially interested persons" as the writers of the Model Act had the knowledge and foresight to recognize the possibility of abuse;
"to NOT allow the formation of home owner associations where more than forty nine percent (49%) are not individual owner occupied residences";
and:
The State through its Attorney conduct a thorough investion investigation of suspect public benefit corporation(s) activities of operating improperly and with impunity in the nonprofit form outside the scope of the intent of its Charter granted by The State. Along with possible matters of exceeding authority (Ultra vires), obfuscation of share ownership records, and questionable by what authority for actions (Quo warranto).
and:
The State reimburse me the sum of Fifty One Dollars ($51.00):
One Dollar ($1.00) for countless hours of time investigating and researching on behalf of possible affected citizens. Minuscule because it involves the spirit of charitable organizations with an eleemosynary purpose in the public interest of The People of the State;
Fifty Dollars ($50.00) for the cost of copying and printing documents and records. Which, after analyzing cause my belief a grievance exists which is both egregious and outrageous.
Respectfully submitted,
/ s /
Jack A. Taylor
215 Duncan Chapel Rd Apt 5
Greenville, SC 29617
LINKS TO:
First Amendment Center
Protecting Citizens Right to Petition - www.firstamendmentcenter.org
Act 384 of 110th Session South Carolina Legislature
The SOUTH CAROLINA NONPROFIT CORPORATION ACT (Unannotated)
REVISED MODEL NONPROFIT CORPORATION ACT (1987)
The Horizontal Property Act (Unannotated) of South Carolina.
NINTH AMENDMENT items of interest:
The "Silent" Ninth Amendment
Gives Americans Rights They Don't Know They Have
Civil Remedy in Lieu of Abolished Quo warranto
South Carolina (Unannotated)
TENTH AMENDMENT items of interest:
The Tenth Amendment Center
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