Which South Carolina Laws Govern Your HOA?

South Carolina has two statutes, and which of them apply depends on whether your community is a planned community or a condominium: the HOA Act reaches both, and condominiums also fall under the Horizontal Property Act. Knowing which applies is the first step to knowing what the law requires. For your specific situation, a licensed South Carolina attorney is the right resource. This is general information, not legal advice.

Does South Carolina have an HOA law?

Yes, but a narrow one. The Homeowners Association Act, §§ 27-30-110 to 27-30-170 (S.C. Code Title 27, Ch. 30), is the primary state statute and reaches condominium associations too. It sets a floor: governing documents must be recorded to be enforceable, records access runs through the Nonprofit Corporation Act, and magistrate court has concurrent jurisdiction over monetary disputes within its cap.

If you live in a traditional subdivision HOA, your primary state statute is the South Carolina Homeowners Association Act, and it reaches condominium associations too. It is a thinner statute than some states' HOA acts, but it establishes a meaningful floor. The Act defines an HOA as an entity managing a "planned community or horizontal property regime" where owners pay assessments for shared expenses (§ 27-30-120). Its principal provisions cover:

• Recording requirements — governing documents must be recorded to be enforceable (§ 27-30-130)
• Budget-increase notice — 48-hour advance notice before a vote to raise the annual budget, for associations not incorporated under the Nonprofit Corporation Act (§ 27-30-140)
• Records access — cross-referenced to the Nonprofit Corporation Act (§ 27-30-150)
• Dispute forum — magistrate court has concurrent jurisdiction over monetary HOA disputes within its jurisdictional cap (§ 27-30-160)
• Consumer Affairs — the Department of Consumer Affairs is authorized to post HOA information on its website and records calls and written complaints (§§ 27-30-310 to 27-30-340, a separate article of the same chapter)

Do South Carolina condos have their own law?

Yes, alongside the HOA Act. Condominiums also fall under the Horizontal Property Act, §§ 27-31-10 to 27-31-300 (S.C. Code Title 27, Ch. 31), which covers master-deed creation, bylaws, owner compliance and a statutory lien for unpaid common-expense assessments. That lien ranks ahead of other liens except tax liens and duly recorded mortgage and other liens (§ 27-31-210).

If you own a condominium, the Horizontal Property Act also applies, alongside the HOA Act. It is more comprehensive than the HOA Act: it covers the creation of a horizontal property regime through a master deed (§ 27-31-30), bylaws content requirements (§ 27-31-160), owner compliance and enforcement (§ 27-31-170), and critically, a statutory lien for unpaid common-expense assessments (§ 27-31-210). The condominium lien "shall constitute a lien on such apartment prior to all other liens except only (i) tax liens on the apartment in favor of any assessing unit, and (ii) mortgage and other liens, duly recorded, encumbering the apartment."

The Nonprofit Corporation Act fills in the gaps

Most South Carolina associations are incorporated as nonprofits under the SC Nonprofit Corporation Act (Title 33, Ch. 31). The HOA Act explicitly routes records access through that statute (§ 27-30-150), and incorporated associations are also bound by its meeting, voting, and fiduciary-duty provisions.

How the layers fit

1. The governing documents — the recorded declaration, bylaws, and rules. Must be recorded to be enforceable under § 27-30-130.
2. The HOA Act (§§ 27-30-110–170) for planned communities and condominiums — plus the Horizontal Property Act (§§ 27-31-10–300) for condominiums.
3. The Nonprofit Corporation Act (Title 33, Ch. 31) for incorporated associations.
4. Federal law — Fair Housing Act, ADA, SCRA, OTARD, Flag Act.

Because which statute applies — and how the layers interact — depends on how your community was structured, a licensed South Carolina attorney is the foundation for specific questions about records, fines, or the assessment lien.

Sources

• S.C. Code §§ 27-30-110–170 — South Carolina HOA Act
• S.C. Code §§ 27-31-10–300 — Horizontal Property Act