HOA Laws in South Carolina

Homeowners associations in South Carolina are governed by the South Carolina Homeowners Association Act, S.C. Code Section 27-30-110 through 27-30-170. Enacted in 2018, it was the state's first comprehensive HOA statute, focused on transparency, recording, and homeowner protections. Condominiums are governed separately by the Horizontal Property Act. This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing statute

The Homeowners Association Act sets baseline transparency and enforceability rules for South Carolina HOAs, alongside your recorded documents. Most South Carolina HOAs are also incorporated as nonprofit corporations, so Title 33, Chapter 31 governs corporate matters such as member and board meetings, director duties, quorum, and voting. Condominium communities should look primarily to the Horizontal Property Act.

Recording and enforceability

A defining feature of South Carolina law is that an association's governing documents, rules, regulations, and amendments must be recorded in the county land records to be enforceable. Boards should confirm their documents and any rule changes are properly recorded each year.

Meetings and records

Meetings, notice, and records access are governed by the Act, the bylaws, and the nonprofit corporation act, which gives members certain inspection rights. The Act also imposes disclosure requirements, including making budgets and rules available to members.

Elections and voting

Directors are elected by the members as provided by the governing documents and the corporation act, with notice, quorum, proxy, and ballot procedures following those rules.

Assessments, liens, and foreclosure

Associations may levy assessments and enforce a lien for unpaid amounts as authorized by the documents and applicable law, and may pursue foreclosure subject to procedure. Boards typically involve an attorney for liens and foreclosure.

Fines, enforcement, and disputes

Authority to fine comes primarily from the recorded governing documents. South Carolina also gives magistrate courts jurisdiction over certain monetary HOA disputes, providing a lower-cost forum in some cases. Boards should provide fair notice and an opportunity to be heard before penalties.

Reserves and budgets

South Carolina does not impose a statewide reserve-study or reserve-funding mandate. Budgeting and reserve practices follow the community's documents, and funding reserves for major repairs remains a widely recommended practice.

Owner protections on common restrictions

South Carolina addresses certain owner rights by statute, and the recorded restrictions otherwise control. Owners and boards should read the CC&Rs carefully and confirm any applicable state limits.

Where to get official help

The Homeowners Association Act and the Horizontal Property Act appear in Title 27 of the South Carolina Code. For a specific situation, consult a South Carolina attorney experienced in community association law.