Quick Answer
South Carolina has a short South Carolina Homeowners Association Act (S.C. Code Ann. Title 27, Chapter 30, Article 1, Sections 27-30-110 to 27-30-170), a Horizontal Property Act for condominiums (Chapter 31 of Title 27), and the South Carolina Nonprofit Corporation Act (Title 33, Chapter 31) for incorporated associations. The recorded governing documents supply most other rules.
Which laws govern HOAs and condominiums in South Carolina
South Carolina does not have a single comprehensive code like some states, but it does have a dedicated, if modest, HOA statute enacted in 2018. The pieces fit together as follows.
- South Carolina Homeowners Association Act (Sections 27-30-110 through 27-30-170). Section 27-30-120 defines a homeowners association as an entity developed to manage and maintain a planned community or horizontal property regime under a declaration that requires owners to pay assessments. The Act deals with recording of governing documents, notice of budget increases, access to documents for certain associations, and magistrates court jurisdiction.
- Department of Consumer Affairs services (Sections 27-30-310 through 27-30-340). The Department of Consumer Affairs collects complaints and may publish educational information, but Section 27-30-340(E) bars it from issuing regulations on HOA governance or serving as an arbiter in disputes.
- Horizontal Property Act (Title 27, Chapter 31). This governs condominium regimes, called horizontal property regimes, including bylaws, assessments, liens and records.
- Nonprofit Corporation Act (Title 33, Chapter 31). Associations incorporated as nonprofits are subject to its rules on meetings, quorum, voting, director standards and member inspection of records. Section 27-30-170 provides that nothing in the HOA Act is to be construed to conflict with it.
- Governing documents. The declaration, bylaws, articles and rules control most questions on fines, architectural review, rental limits and reserves. Read HOA governing documents explained and the condo association guide.
South Carolina HOA and condo law at a glance
The table summarizes provisions checked against the South Carolina Legislature's online Code of Laws. It is not exhaustive.
| Topic | Rule or where to look |
|---|---|
| Assessments and liens | Condos: unpaid common expense assessments are a lien prior to all other liens except tax liens and recorded mortgage liens, foreclosed like a mortgage (27-31-210). HOAs: see your documents. |
| Records access | Condo books of receipts and expenditures open to co-owners at convenient hours (27-31-180). Nonprofit HOAs: members may inspect and copy certain records on five business days' notice (33-31-1602). HOAs outside the Nonprofit Act: access to annual budget and membership lists (27-30-150). |
| Meetings and voting | Nonprofit HOAs: annual meeting required; default quorum is 10 percent of votes entitled to be cast; remote participation if the board authorizes (33-31-701, 33-31-722). Condo bylaws set the method of calling meetings and require a majority of at least 51 percent to adopt decisions (27-31-160). |
| Reserves | No general statutory reserve requirement identified in the sections reviewed; see your documents. |
| Fines and enforcement | See your documents. Owners must comply with bylaws and rules, and the board may sue for damages or injunctive relief (27-31-170 for condos). |
| Rental restrictions | See your documents; no general statewide rule found in the sections reviewed. |
| Architectural review | See your documents. |
| Board duties | Nonprofit directors act in good faith, with ordinary prudent care, in the corporation's best interests (33-31-830). |
Key rules in more detail
Recording governing documents and rules
Section 27-30-130 is one of the most practical provisions for South Carolina boards. To be enforceable, an HOA's governing documents must be recorded in the county clerk of court, Register of Mesne Conveyance or register of deeds office. Rules, regulations and amendments are effective upon passage but must be made accessible to members on request, and to remain enforceable they must be recorded by January 10 of each year following their adoption or amendment, unless an exception applies. Boards should build an annual recording step into their calendar. Our guide on what powers an HOA has explains why proper adoption matters.
Budget increases and meetings
Under Section 27-30-140, before an association increases its annual budget in any single year, it must provide at least 48 hours' notice of the meeting where the decision will be made, by posting in a common area, posting on the association website, email, or methods in the bylaws that ensure actual notice. That section does not apply to a homeowners association incorporated under the Nonprofit Corporation Act, which follows its bylaws and Chapter 31 of Title 33 instead. Nonprofit associations must hold an annual membership meeting, where the president and chief financial officer report on activities and financial condition (Section 33-31-701). Since 2023, a board may authorize remote participation and voting at member meetings if reasonable verification measures are used (Sections 33-31-701(g) and 33-31-702(f)). Special meetings must be held if members holding at least five percent of the voting power demand one (Section 33-31-702).
Records inspection
For nonprofit associations, Section 33-31-1602 lets a member inspect and copy core corporate records on at least five business days' written notice, and lets a member inspect accounting records and the membership list if the demand is made in good faith for a proper purpose and described with reasonable particularity. The corporation may charge a reasonable fee covering labor and materials for copies (Section 33-31-1603). A court may order inspection and, in some cases, award the member's costs and attorney fees (Section 33-31-1604). Members may also request annual financial statements under Section 33-31-1620. See board member responsibilities for practical records habits.
Condominium assessments and liens
Under Section 27-31-210, unpaid common expense assessments are a lien on the apartment prior to all other liens except tax liens and duly recorded mortgage and other liens, and the board may foreclose by suit in like manner as a mortgage. During foreclosure the owner may be required to pay reasonable rent and a receiver may be appointed. A mortgagee or other purchaser who obtains title at foreclosure of a recorded mortgage is generally not liable for assessments that accrued between recording of the mortgage and acquiring title. Section 27-31-220 makes a purchaser jointly and severally liable with the seller for amounts owed up to conveyance, limited to the amount in the statement the council must issue on request.
Disputes and the magistrates court
Section 27-30-160 gives magistrates courts concurrent jurisdiction over monetary disputes arising under the HOA Act, subject to the general jurisdictional limits in Section 22-3-10. Because the Department of Consumer Affairs cannot arbitrate, unresolved disputes generally go to court or follow the dispute process in the governing documents. See the enforcement guide for a workflow that supports clear records.
Recent changes
The HOA Act took effect May 17, 2018, was amended in 2019, and the Nonprofit Corporation Act gained remote meeting provisions in 2023. For a summary of what changed, read South Carolina HOA law changes 2021-2025, and verify the current code before acting.
Remote HOA management in South Carolina
Remote management gives a South Carolina board a cloud dashboard for financials and budgets, online dues collection, digital violation tracking and a shared document library, with the management team available by phone, email and video for board meetings and owner questions. The board continues to make decisions, and the manager handles administration, vendor coordination and follow-through. Learn more about remote HOA management in South Carolina or see our pricing.
Rules on manager licensing and registration vary by state, and associations should confirm what applies in South Carolina. The HOA Act defines a homeowners association management company and the Department of Consumer Affairs collects complaint information about management companies, but I did not verify whether a separate state license is required, so confirm with counsel or the relevant state agency. See what is HOA management for background.
Frequently Asked Questions
Does South Carolina have an HOA law?
Yes, a short one. The South Carolina Homeowners Association Act is in Title 27, Chapter 30, Article 1. It covers recording, budget increase notice and document access, while governing documents and nonprofit law cover most other issues.
Do HOA rules have to be recorded in South Carolina?
Under Section 27-30-130, governing documents must be recorded to be enforceable, and rules, regulations and amendments must be recorded by January 10 of the year after adoption or amendment to remain enforceable.
Can I inspect my South Carolina HOA's records?
Members of nonprofit-incorporated associations generally may inspect core records on five business days' written notice, and other records if they show a proper purpose, under Section 33-31-1602. Condominium co-owners may examine receipts and expenditures under Section 27-31-180.
Does the state regulate HOA disputes?
The Department of Consumer Affairs accepts complaints but cannot issue governance regulations or arbitrate disputes (Section 27-30-340). Magistrates courts have concurrent jurisdiction over qualifying monetary disputes.
Does South Carolina require HOA reserve studies?
I did not find a general statutory reserve study requirement in the sections reviewed. Your declaration and bylaws may require reserves, and boards should still plan for major repairs. Read HOA reserve funds explained.
How APM Helps
Association Property Managers supports South Carolina boards with budgeting, collections, violation tracking and meeting support. Explore our association management services or request a free proposal; we respond within 3 business days. Boards weighing leasing limits may also like our rental caps guide.
This article is general information, not legal advice. Laws change and associations differ; consult a licensed attorney in South Carolina. Last verified October 25, 2026.
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