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Calls for HOA Legislation Become Louder

August 13th, 2014

No Comments, Community Associations, by Floyd Law Firm.
Over the last several years, the South Carolina Legislature has examined proposals for substantial changes to state law regarding the administration of Homeowners Associations. Each legislative session has ended with no final bill being passed and submitted to the Governor for approval. However, it appears that wave of public demands for change is putting pressure on legislators to act on this issue in the upcoming session. Recently, the Sun News of Myrtle Beach ran an article outlining the concerns being expressed by homeowners, and the pressure being felt by the Horry...

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Basic differences in the nature and objectives of Private Clubs and Public Golf Facilities

July 28th, 2014

No Comments, Golf Law, by casesolutions.
Many of the Golf Professionals in our Section work in private country clubs that operate as non-profit mutual benefit corporations rather than business corporations. A lack of understanding of the differences between the two types of entities could limit the effectiveness of the Golf Professional in his working relationship with the governing body at his or her golf facility. A business corporation operates to maximize profits and to economically benefit shareholders. The object of mutual benefit non-profit corporations such as the Carolinas Section of the PGA and private country clubs...

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The Floyd Law Firm Names Collin Jewell Partner and Shareholder

July 10th, 2014

No Comments, Criminal Law, Important Articles, Newsletter, Personal Injury, Press Releases, by casesolutions.
The Floyd Law Firm, one of South Carolina’s long standing, leading legal offices, has named Collin Jewell as their newest Partner and Shareholder located in the Surfside Beach office. Collin has been a valued asset and leader to the Floyd Law Firm team since 2010, managing a substantial part of the Firm’s criminal, civil and personal injury workload. Jewell is a graduate of the Charleston School of Law and earned his Bachelor of Business Administration degree with an emphasis in business law from Stetson University in DeLand, FL. He is an active member...

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Do-It-Yourself legal documents: buyer beware

July 10th, 2014

No Comments, Elder Law, Estate Planning, Helpful Tips, by Brittney F. Jones.
As an estate planning attorney, I often get questions from clients and their families about do-it-yourself legal documents. We've all heard of these websites that sell fill-in-the-blank "user friendly" legal forms for things like Wills, Powers of Attorney, Living Wills, Five Wishes, Real Estate Contracts, Leases, LLC Formation, etc. And the questions I get are always the same: "Why should I pay an attorney hundreds of dollars for something I can get for $19.95 online and fill in myself? They even have a South Carolina specific form. Isn't this good...

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The Implications of Inherited IRAs in Chapter 7 Bankruptcy

July 7th, 2014

No Comments, Uncategorized, by Floyd Law Firm.
Last month the US Supreme Court decided Clark v. Rameker, which has far reaching implications for debtors who file a Chapter 7 bankruptcy and seek to exempt inherited IRAs from creditors. The Court was asked to decide if Congress intended for an inherited IRA to be exempt using the “retirement funds” exemption under U.S.C. § 522(b)(3)(C). The Court held that IRAs inherited by someone other than a spouse cannot be considered “retirement funds”, because beneficiaries cannot invest additional money or delay distributions until retirement. In the case at hand,...

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Deferred Action for Childhood Arrivals (DACA)

June 23rd, 2014

No Comments, Immigration Law, by casesolutions.
Deferred Action for Childhood Arrivals (DACA): The DACA Renewal Process    On June 5, 2014, the Secretary of Homeland Security, Jeh Johnson, released the process individuals must utilize in order to renew their enrollment in the DACA program.   WHAT IS DACA? Under DACA, certain people who entered the United States as children and meet a number of other criteria may apply for deferred action for a two-year period, which may be renewed.  Such individuals are also eligible for work authorization.  The DACA program essentially utilizes prosecutorial discretion to defer deportation and removal actions against individuals...

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To Sell or Not to Sell?: That may not be your choice!

June 18th, 2014

No Comments, Community Associations, by T. Jarrett Bouchette.
There are a number of factors to consider when purchasing a new property, especially a condo. Is this a good location? Is the association adequately funded? Are there any special assessments scheduled? Are the structures of the building in good condition? Probably not a consideration however is whether or not you may be forced to sell the unit, even if you don’t want to. In Florida, residents of a condo project found themselves in the position of being forced to sell their condo, which they lived in and desired to keep,...

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Is your Homeowners or Condo Association FHA Certified? Should it Be?

June 9th, 2014

No Comments, Community Associations, by T. Jarrett Bouchette.
Having your association certified by the Federal Housing Administration (FHA) allows potential purchasers of property in your neighborhood to be able to obtain loans that are FHA insured. Generally, these loans are low-down payment loans, sometimes only requiring 10-15% at closing. The FHA, however, does not want to want to insure loans that are secured by real estate in troubled Condo or Homeowners associations. As such, they have certain requirements that the association must meet before insuring a loan for a property there. Though it may require some extra work...

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The “Reasonable Accommodation”

May 21st, 2014

No Comments, Community Associations, by T. Jarrett Bouchette.

The “Reasonable Accommodation”: Ensuring Compliance with Federal Fair Housing Legislation

  The federal Fair Housing Act prohibits discriminatory practices that make housing unavailable (or restrict the use of housing) to persons because of: •   race or color •   religion •   sex •   national origin •   familial status, or •   disability Often we think of the act applying to landlords in the renting of residential property. However, the act applies to homeowners associations as well. The Fair Housing Act prohibits discrimination on the basis of disability in all types of housing transactions. ...

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Surfside Beach Immigration Attorney

May 18th, 2014

2 Comments, Uncategorized, by casesolutions.
Nonimmigrant Visa Attorney Obtaining a visa or changing/extending visa status can be a complicated process for many nonimmigrants and potential employers. William D. Pavy is able to help clients through the process of acquiring non-immigrant visas, including:
  • B-2 and B-1 Visitor Visas:
These are the typical visitor visas for tourists and business travelers coming to the United States for a temporary time period. Individuals (along with their families) may be admitted into South Carolina and the U.S. for a one year period.  Upon arrival, individuals are automatically...

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