HOA LAWS AND REGULATIONS

  • Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities in the state of South Carolina.

  • South Carolina Homeowners Association Act, S.C. Code Ann. § 27-30-110, et. seq.: The statute imposes disclosure requirements on homeowners associations and creates the Department of Consumer Affairs Services for Homeowners and Homeowners Associations.

    • AG Opinion Letter (December 2, 2019), on whether a homeowners association has the legal authority to tow a vehicle that is in violation of the CC&Rs but is otherwise lawfully parked on a county-maintained roadway.

    • AG Opinion Letter (June 29, 2018), on the possession of a handgun in common areas governed by an HOA and the issuance of warrants upon probable cause (Section 16-23-20, South Carolina Code of Laws).

    • AG Opinion Letter (June 24, 2016), regarding whether a homeowners’ association can prohibit a residential homeowner from erecting a stand-alone flag pole on their property to fly the American flag.

    • AG Opinion Letter (January 26, 2016), regarding books and records inspection for homeowners associations in South Carolina.

    • AG Opinion Letter (February 5, 2008), questioning the types of restrictions that a homeowners’ association may place on homeowners generally.

  • South Carolina Horizontal Property Act, S.C. Code Ann. §§ 27-31-10, et. seq, (1976 Code, as amended): The Act governs the formation, management, powers, and operation of horizontal property regimes that expressly elect to be governed by the Act by recording a master deed (or Declaration). See § 27-31-30.

    • AG Opinion Letter (January 18, 2017), on the interpretation of the Horizontal Property Act (S.C. Code Section 27-31-10 et seq.) regarding the allocation of insurance deductibles and expenses associated with hurricane damage to horizontal property regimes/associations.

  • South Carolina Nonprofit Corporation Act of 1994, S.C. Code Ann. §§ 33-31-101, et. seq - This statute governs nonprofit corporations in South Carolina with regard to corporate structure and procedure. Most homeowners’ associations are incorporated as nonprofit corporations.

  • South Carolina Fair Housing Law - The law prohibits housing discrimination based on race, color, religion, sex, familial status, national origin, or disability. The Act provides state-level protections similar to the federal Fair Housing Act (FHA).

    Victims of housing discrimination can file a complaint with the South Carolina Human Affairs Commission or HUD within one (1) year from the date of the discriminatory act. Victims may also file a private lawsuit in the federal district court within two (2) years of the discriminatory act.

  • South Carolina Consumer Protection Code - S.C. Code Ann. § 37-1-101, et. seq., regulates the conduct of debt collectors at the state level and contains provisions similar to the Fair Debt Collection Practices Act (FDCPA). The Act prohibits debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt. HOA fees are considered “debts” under the FDCPA, and homeowners are protected “consumers.”

    Victims of unfair collection practices can file a complaint against a debt collector with the state’s Department of Consumer Affairs, the FTC, or the CFPB. Under the FDCPA, victims also have the right to sue a debt collector in state or federal court within one year from the date of the violation.

  • Patrol of homeowner's association territory; compensation from association funds, S.C. Code Ann. § 23-13-15. The statute authorizes a sheriff to employ and pay a deputy to patrol an HOA community using funds received from a homeowners' association. 

  • South Carolina Uniform Act Regulating Traffic to Private Roads, S.C. Code Ann. § 56-5-6310. The law authorizes the enforcement of traffic regulations on private roads, including roads within a homeowners' associations, if the association provides written consent to the application of the provisions of this chapter for purposes of highway safety on such private roads.

    Related opinion letters by the South Carolina Attorney General:

    • AG Opinion Letter, October 15, 2004. Questioning the authority of law enforcement officers and private security guards to issue uniform traffic tickets for motor vehicle violations that are not hazardous moving violations in private communities in your county.

    • AG Opinion Letter, September 28, 2004. Referenced the situation involving the Palmetto Dunes Resort on Hilton Head Island. Specifically, regarding S.C. Code Ann. Section 56-5-6310 subjecting the roadways to the jurisdiction of the State Uniform Act Regulating Traffic.

    • AG Opinion Letter, February 22, 2005. Questioning the authority of a private security guard to issue citations for traffic violations in neighborhoods that have adopted the provisions of S.C. Code Ann. §§ 56-5-6310 et seq. (1991 and 2004).

    • AG Opinion Letter, March 21, 2012. Regarding the authority of a registered private security officer employed in an enclosed and/or gated residential enclave to pursue and stop vehicles, and detain and issue uniform traffic tickets or administrative traffic tickets to violators on streets within the enclave.

  • Right of homeowner or tenant to fly United States flag; restrictive covenants and rental agreements; definitions, S.C. Code Ann. § 27-1-60. The law prohibits homeowners' associations or other housing providers from adopting restrictions that would prevent homeowners from displaying one portable, removable United States flag respectfully. 

  • Valuation of Homeowners' Association Property, S.C. Code Ann. § 12-43-227. The statute prescribes the method for valuing the fair market value of homeowners' association property for ad valorem tax purposes. The property must qualify for this valuation by applying to Real Property Services. 

  • Property and Conveyances - Title 27 of the South Carolina Codes of Laws, includes numerous provisions governing the formation, management, powers, and operations of residential properties, lands, hereditaments, and real estate within the state of South Carolina.

GOVERNMENT AGENCIES

HOA CONTACT INFORMATION AND DOCUMENTS

  • South Carolina Secretary of State - Information on elections, businesses, licensing, and securities.

    • HOA Search - Homeowners can enter the name of the HOA community or subdivision to find the association’s contact information and corporation documents, including the association’s articles of incorporation.

    • HOA Documents - The association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.

LEGAL RESOURCES

  • South Carolina State Bar - The office gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and information to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.

  • South Carolina Legal Services - This office provides free legal assistance in civil matters to qualifying low-income South Carolinians who cannot afford an attorney.

  • South Carolina Judicial Department - The website gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, lawyer referral services, and more.

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.