Liens & ForeclosureSC
Can a South Carolina HOA Foreclose Over Unpaid Dues?
By The HOARebel Team · June 1, 2026 · 3 min read · Updated June 7, 2026
South Carolina draws a sharp line between planned-community HOAs and condominiums when it comes to assessment liens. The right answer depends on which type of community you live in. For your specific situation, a licensed South Carolina attorney is the right resource, especially when your home is on the line. This is general information, not legal advice.
Planned-community HOAs: the lien is contractual
The South Carolina HOA Act (§§ 27-30-110 to 27-30-170) does not create a statutory assessment lien for planned-community HOAs. If your association can place a lien on your property for unpaid dues, that power comes from the recorded declaration — the contract that runs with the land. Reading the declaration to see whether it creates a lien, on what terms, and what procedures it requires is the essential first step. A declaration that doesn't create a lien doesn't give the association lien rights, regardless of what the board claims.
Condominiums: a statutory priority lien under § 27-31-210
Condominium owners face a different landscape. Section 27-31-210 of the Horizontal Property Act provides that unpaid common-expense assessments "shall constitute a lien on such apartment prior to all other liens except only tax liens and duly recorded mortgages and other liens encumbering the apartment." That lien is forecloseable "by suit ... in like manner as a mortgage of real property." The statutory priority — ahead of most other creditors — makes prompt attention to disputed condo assessments important.
Foreclosure in South Carolina is judicial
South Carolina is a judicial-foreclosure state: an association seeking to foreclose a lien must file a court action rather than proceeding by a private power-of-sale. The process runs through the courts, providing a formal opportunity to contest the amount or validity of the lien. South Carolina also provides homeowners statutory rights in the foreclosure process that a licensed attorney can explain.
How long the association has to sue
South Carolina's general limitations statute sets an outer window on collection actions. Under S.C. Code § 15-3-530, an action "upon a contract, obligation, or liability, express or implied" must be brought within three years. Because a planned-community assessment obligation generally arises from the recorded declaration — a contract — that three-year period is the kind of limit that can become relevant when an association pursues older, accumulated balances. (Other limitation periods can apply depending on how a claim is framed, so how the deadline counts in a specific case is a question for a licensed South Carolina attorney.)
What owners in South Carolina generally do
- Read the declaration to determine whether — and how — an assessment lien is created for planned-community HOAs
- Request a written payoff statement itemizing assessments, interest, late fees, and attorney's fees
- Check whether a condominium association's lien has a valid basis under § 27-31-210 and whether the amounts are accurate
- Question disputed charges in writing and keep copies (see getting your records)
- Consult a licensed South Carolina attorney early — options narrow once a foreclosure action is filed
Frequently asked questions
Can a South Carolina planned-community HOA put a lien on my home?
Only if the recorded declaration creates a lien. The HOA Act does not supply one. The declaration's specific language — and whether the association followed it — determines the answer.
Does the condo lien have priority over my mortgage?
Under § 27-31-210, the condominium assessment lien is prior to most liens except tax liens and mortgages recorded before the master deed. Whether your mortgage predates or postdates the master deed matters. A licensed South Carolina attorney can trace the priority for your specific property.