Investor Presentaiton
CASE EXAMPLES INVOLVING UPL:
HOMEOWNERS ASSOCIATIONS
Peck and his company, Community
Management Group, managed HOAs,
enforcing covenants and rules and collecting
assessments. They also prepared and
recorded notice of a lien and related
documents, brought an action in magistrate's
court, and filed the judgement in the circuit
court.
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Advertisements indicated it could "handle
collections, lien filing and Small Claims
Court actions in house" and that it could file
judgments without use of an attorney.
• The Court found that the group engaged
in UPL when it represented associations
in magistrate's court, filed judgments in
circuit court, prepared and recorded
liens, and advertised that it could
provide legal services.
In order to appear for a company, a
nonlawyer "agent" must be an officer,
employee, or someone with a "nexus or
connection" with the company – NOT a
third party.
Rogers Townsend & Thomas, PC v. Peck, 419 S.C. 240, 797 S.E.2d 396 (2017)View entire presentation