Many planned communities are managed by a homeowners association (HOA) in South Carolina. The laws governing HOAs are established by various local, state, and federal regulations, in addition to each individual HOA’s governing documents.
Who Regulates HOAs in South Carolina?
In South Carolina, HOAs are regulated by the South Carolina Homeowners Association Act found in Title 27 Chapter 30. This act rules over any planned community or horizontal property regime where a declaration requires people to pay separate expenses related to common elements.
While every HOA has its own individualized structure, the governing documents usually include: Articles of Incorporation, Bylaws, Conditions and Restrictions, Declaration of Covenants, and other rules.
HOAs in South Carolina may be subject to applicable federal laws such as:
HOAs may be subject to certain state laws such as:
- South Carolina Horizontal Property Act
- South Carolina Nonprofit Corporation Act
- South Carolina Fair Housing Law
How to Find HOA Regulations in South Carolina
HOA governing documents in South Carolina are public records. HOAs are required to record their governing documents with the clerk of court, Register of Mesne Conveyance (RMC), or the register of deeds in the county where the HOA property is located.
To obtain these documents, visit the local clerk of court or register of deeds office. Some counties may provide record services online.
HOA Powers in South Carolina
In South Carolina, HOAs have the power to:
- Collect payments for common assessments
- Collect charges for maintenance of common areas
- Levy reasonable fines
Furthermore, HOA governing documents can grant additional powers such as restrictions on exterior paint colors, fencing, membership, and parking requirements.
Can an HOA Impose Fines on a Homeowner in South Carolina?
In South Carolina, HOAs can impose fines on a homeowner for common assessments. The HOA’s governing documents will likely note the amount and types of fees in the HOA as well as notice requirements for such fees.
An HOA cannot fine a homeowner for (or generally prohibit) displaying the American flag consistent with federal law and installing satellite dishes and antennas.
Can an HOA Take a Homeowner’s House in South Carolina?
In South Carolina, there is no state provision ruling if an HOA can or cannot take a homeowner’s house. An HOA can put a lien on a homeowner’s property for late payment of assessments. The governing documents of an HOA determine the rights and process for foreclosure from the lien.
An HOA cannot evict a homeowner. However, if the homeowner is leasing a tenant, the HOA may be able to evict the tenant. For example, an HOA may be able to evict a tenant if the lease was not properly authorized by the HOA. In addition, the HOA may have other powers or restrictions regarding rental properties in its governing documents.
Can an HOA Enter a Homeowner’s Property in South Carolina?
In South Carolina, there is no provision in the law that allows an HOA to enter a homeowner’s property. However, most governing documents contain a provision allowing an HOA to enter the homeowner’s house as reasonably necessary to maintain the units, common elements, or shared utilities.
Units are private spaces only intended for the property owner’s use but have certain spaces that require maintenance by the HOA, such as balconies. Common elements are the shared spaces around the units owned by the HOA, such as elevators. Shared utilities may include water or trash removal directly provided by the HOA.
Before entering a property, except in the case of an emergency, an HOA should give prior notice to the homeowner. Typically, an HOA will give 1-2 weeks’ notice, but notice requirements are determined by the governing documents.
Where Do Homeowners File Complaints Against Their HOA in South Carolina?
Where to file a complaint against an HOA in South Carolina depends on the type of complaint.
For complaints concerning HOA fees, a homeowner can file a complaint with the South Carolina Department of Consumer Affairs, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, homeowners may also file in state or federal court within one year of the violation date.
For complaints of housing discrimination, they can file a complaint with the South Carolina Human Affairs Commission, the U.S. Department of Urban Housing, or file a private lawsuit in South Carolina state or federal court.
Alternatively, a homeowner with any other complaints can bring a claim in state court in the appropriate county.
Joining and Leaving an HOA in South Carolina
In South Carolina, there is no state provision on joining or leaving an HOA. These processes are determined by the HOA’s governing documents. Documents explaining the HOA and its membership rules should be presented at the closing for a new owner’s home purchase.
Typically, there are two types of HOAs that regulate joining and leaving clauses:
- Mandatory HOAs. When a person buys a home, they automatically become a member required to abide by any HOA rules listed in the governing documents. This usually includes that a homeowner is not able to leave the HOA freely.
- Voluntary HOAs. When a person buys a home, membership is a choice for each homeowner. If they choose to become a member, they may leave at any time by stopping their payments with the HOA.
To leave a mandatory HOA, a homeowner can sell their house or try to petition the court to have their home removed. However, there is no guarantee the petition will be granted.
How to Dissolve an HOA in South Carolina
The dissolution process of an HOA in South Carolina may be found in the HOA’s governing documents. If it is not, dissolution must be approved by at least ⅔ of HOA members or the majority of the voting power, whichever is less.
If approved, the board should develop a summary or plan of dissolution to distribute the HOA’s assets and debts. A notice of intent must be given to the South Carolina Attorney General with a copy of the plan for dissolution before any distribution.
Twenty days after the HOA provided the South Carolina Attorney General notice or received written consent to the dissolution can the HOA file the Articles of Dissolution with the South Carolina Secretary of State. The HOA is considered dissolved upon filing.
Sources
- 1 S.C. Code § 27-30-130
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(A)(1) Except as otherwise provided in this section, in order to be enforceable, a homeowners association’s governing documents must be recorded in the clerk of court’s, Register of Mesne Conveyance (RMC), or register of deeds office in the county where the property is located.
Source Link - 2 S.C. Code § 33-31-302
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(15) to impose dues, assessments, and admission and transfer fees upon its members… (18) to do all things necessary or convenient, not inconsistent with law, to further the activities and affairs of the corporation.
Source Link - 3 How Does an HOA Know What They Can and Cannot Do?
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The HOAs declaration, master deeds and bylaws cover rights and responsibilities of members and the HOA, but mainly set out how the homeowners association will operate… While South Carolina does not have a state specific law detailing how a homeowners association must operate, several South Carolina laws may apply… The Homeowners Association Act applies to communities and horizontal property regimes requiring homeowners to pay assessments.
Source Link - 4 4 U.S.C. § 5
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A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
Source Link - 5 Over-the-Air Reception Devices Rule (OTARD Rule)
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 6 South Carolina HOA and COA Foreclosures
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State law and the HOA or COA’s governing documents will usually set out the type of charges that may be included in the lien… An HOA’s foreclosure rights come from the governing documents of the association. Read the association’s governing documents to find out the process that the HOA must follow to foreclose a lien for unpaid assessments.
Source Link - 7 Can you refuse to join an HOA?
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… membership in voluntary HOAs is optional… If you enter into a voluntary HOA, you can leave whenever you want by stopping your payments, although you’ll stop receiving the benefits of the HOA… When you buy a house in a community governed by a mandatory HOA, you automatically become a dues-owing HOA member. When you become a member, you stay a member for as long as you own the property or until the HOA is dissolved (which is very rare). At your home’s closing, you will have to sign documents agreeing to abide by the HOAs rules and pay any assessments, fees, or fines associated with the HOA or incurred by violating HOA rules…. Unless you can gain enough support in your community to let you leave the HOA voluntarily, you will have to hire an attorney to try to convince a judge that you should be allowed to leave.
Source Link - 8 S.C. Code § 33-31-1402
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(a) Unless this chapter, the articles, or bylaws require a greater vote or voting by class, dissolution is authorized if it is approved… (2) by the members, if any, by two-thirds of the votes cast or a majority of the voting power, whichever is less… (d) If the board seeks to have dissolution approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the plan of dissolution. (e) The plan of dissolution shall indicate to whom the assets owned or held by the corporation will be distributed after all creditors have been paid.
Source Link - 9 S.C. Code § 33-31-1403
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(a) A nonprofit organization shall give the Attorney General written notice that it intends to dissolve at or before the time it delivers articles of dissolution to the Secretary of State. The notice shall include a copy or summary of the plan of dissolution. The nonprofit organization shall submit to the Secretary of State copies of all documents provided to the Attorney General at the time of the filing of the articles of dissolution. (b) No assets may be transferred or conveyed by a public benefit or religious corporation as part of the dissolution process until twenty days after it has given the written notice required by subsection (a) to the Attorney General or until the Attorney General has consented in writing to the dissolution, or indicated in writing that he will take no action in respect to the transfer or conveyance, whichever is earlier.
Source Link - 10 S.C. Code § 33-31-1404
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(a) At any time after dissolution is authorized, the corporation may dissolve by delivering to the Secretary of State articles of dissolution… (6) if approval of dissolution by some person or persons other than the members, the board, or the incorporators is required pursuant to Section 33-31-1402(a)(3), a statement that the approval was obtained; and (7) if the corporation is a public benefit or religious corporation, that the notice to the Attorney General required by Section 33-31-1403(a) has been given. (b) A corporation is dissolved upon the effective date of its articles of dissolution.
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