Which South Carolina Laws Govern Your HOA?

South Carolina has two distinct frameworks depending on whether your community is a planned community or a condominium. Knowing which one 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.

Planned communities: the HOA Act (S.C. Code §§ 27-30-110 to 27-30-170)

If you live in a traditional subdivision HOA, your primary state statute is the South Carolina Homeowners Association Act. 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 any vote to raise the annual budget (§ 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 maintains a website of HOA resources and receives written complaints (§§ 27-30-310 to 27-30-340)

Condominiums: the Horizontal Property Act (§§ 27-31-10 to 27-31-300)

If you own a condominium, the Horizontal Property Act applies. 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 priority 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 tax liens and duly recorded mortgages."

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 — or 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