SCHAC v. Yacht Cove Owners Association, LLC

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

South Carolina Human Affairs Commission, Appellant,

v.

Yacht Cove Owners Association, Inc., and Maria Dehart,
Respondents.

Appellate Case No. 2022-000133

Appeal From Lexington County
H. Steven DeBerry, IV, Circuit Court Judge

Unpublished Opinion No. 2024-UP-038
Heard December 6, 2023 – Filed January 31, 2024

AFFIRMED

Caroline Scrantom, of the South Carolina Human Affairs
Commission, of Columbia, for Appellant.

Eugene Hamilton Matthews, of Richardson Plowden &
Robinson, PA, of Columbia, for Respondents.

PER CURIAM: The South Carolina Human Affairs Commission (the
Commission), on behalf of Charles and Patricia Rentz (the Rentzes), appeals the
circuit court's dismissal of Maria Dehart pursuant to Rule 12(b)(6), SCRCP. On
appeal, the Commission argues the circuit court erred in finding Dehart was
immune from suit under section 33-31-834 of the South Carolina Code (2006).
We affirm.

We hold the circuit court did not err in dismissing Dehart pursuant to section
33-31-834's immunity provision. See Ashley River Props. I, LLC v. Ashley River
Props. II, LLC, 374 S.C. 271, 278, 648 S.E.2d 295, 298 (Ct. App. 2007) ("In
deciding whether the [circuit] court properly granted the motion to dismiss, this
court must consider whether the complaint, viewed in the light most favorable to
the plaintiff, states any valid claim for relief."); id. ("The [circuit] court's grant of a
motion to dismiss will be sustained only if the facts alleged in the complaint do not
support relief under any theory of law."). We hold Dehart's actions as board chair
for Yacht Cove Owners Association, Inc. (Yacht Cove), a nonprofit organization,
arose from the conduct of Yacht Cove's affairs, in alignment with her board duties,
and did not amount to wilful, wanton, or gross negligence as to deprive her of
immunity under the statute. See § 33-31-834(a) (stating "immunity from suit is
removed when the conduct amounts to wilful, wanton, or gross negligence");
§ 33-31-834(a) to (b)(2) (stating board members of nonprofit organizations
recognized as having 501(c)(3), (c)(6), or (c)(12) tax status are immune from suit
arising from the affairs of their organization). Further, we acknowledge Dehart's
individual dismissal does not leave the Rentzes without remedy as they may still
seek damages against Yacht Cove.

AFFIRMED.

MCDONALD and VINSON, JJ., and BROMELL HOLMES, A.J., concur.