Getting Your HOA's Records in South Carolina

When a South Carolina board won't explain where the money goes, the records usually hold the answer. South Carolina's HOA Act is explicit about where the records right comes from — and it points to the Nonprofit Corporation Act, not to a detailed HOA-Act provision. For your specific situation, a licensed South Carolina attorney is the right resource. This is general information, not legal advice.

Where does a South Carolina HOA owner's records right come from?

From the Nonprofit Corporation Act. Incorporated associations are covered by S.C. Code tit. 33, ch. 31, §§ 33-31-1602 to 33-31-1605; a member gives five business days' written notice to inspect and copy core records. For associations not subject to that Act, S.C. Code tit. 27, ch. 30, § 27-30-150 imports those provisions for the annual budget and membership list only.

Section 27-30-150 of the HOA Act states: "The access to documents provisions of Sections 33-31-1602, 33-31-1603, 33-31-1604, and 33-31-1605 apply to all homeowners associations not subject to the South Carolina Nonprofit Corporation Act for the purposes of allowing homeowners access to inspect and copy a homeowners association's annual budget and homeowners membership lists."

In practice, this means:

• Incorporated associations (subject to the Nonprofit Corporation Act) — owners use the nonprofit records provisions directly (§§ 33-31-1602–1605). Under § 33-31-1602(a), a member may inspect and copy the core corporate records "if the member gives the corporation written notice or a written demand at least five business days before the date on which the member wishes to inspect and copy."
• Unincorporated associations — the HOA Act imports those same provisions, for the purpose of inspecting and copying the annual budget and membership list.

Can I get my HOA's rules on request in South Carolina?

Yes, unless they are posted or online. Under S.C. Code tit. 27, ch. 30, § 27-30-130(B)(1)(b), rules and regulations "must be made accessible to a homeowners association member upon the request of that member," unless posted conspicuously in a common area or downloadable from the association's website. Separately, a governing document that is not recorded is not enforceable.

The recording rules in § 27-30-130 create a parallel transparency right: a governing document that is not recorded at the clerk of court, RMC, or register of deeds office is not enforceable. Rules and amendments adopted after the fact must be recorded by January 10 of the following year. A rule the association is enforcing against you — but hasn't recorded — is worth examining.

Section 27-30-130(B)(1)(b) also provides that rules and regulations "must be made accessible to a homeowners association member upon the request of that member." That is a direct obligation to share adopted rules on request, unless the rules are "posted in a conspicuous place in a common area in the community" or "available on an Internet website maintained by the homeowners association, where they may be downloaded by the homeowner."

What owners commonly request

People reviewing the association's books often look at:

• The annual budget, reserves, and financial statements
• Bank statements and vendor contracts
• The declaration, bylaws, recorded rules, and any fine schedule
• Board and member meeting minutes and notices
• The current statement of any assessment against the lot

Records frequently feed other disputes — questioning a fine or the assessment lien usually starts with the underlying documents.

For the recorded documents themselves

The recorded declaration and any recorded governing documents are available from the clerk of court, RMC, or register of deeds office for the county where the property is located — the same offices where § 27-30-130 requires them to be filed.

If records are withheld

For incorporated associations, the Nonprofit Corporation Act's inspection provisions are enforceable through the courts. Owners commonly put requests in writing, name the records specifically, state a proper purpose tied to their membership, and consult a licensed South Carolina attorney for an unresolved refusal. Note that § 27-30-160 gives magistrate court concurrent jurisdiction only over monetary HOA disputes within its cap — a records-access dispute seeking only an inspection order is typically a circuit-court matter rather than magistrate.

Sources

• S.C. Code §§ 27-30-130, 27-30-150 — HOA Act
• S.C. Code §§ 33-31-1602 to 33-31-1605 — Nonprofit Corporation Act records provisions