Records & TransparencySC
Getting Your HOA's Records in South Carolina
By The HOARebel Team · June 1, 2026 · 2 min read
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.
The HOA Act cross-references the Nonprofit Corporation Act
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).
- Unincorporated associations — the HOA Act imports those same provisions, giving access to at least the annual budget and membership list.
Governing documents must be recorded — and rules must be shared
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) 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.
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.