South Carolina's HOA framework is a two-layer system. The Homeowners Association Act (S.C. Code §§ 27-30-110 to 27-30-170) gives planned communities a thin but real statutory floor — recording requirements, budget-increase notice, records access, and magistrate-court jurisdiction. Condominiums get a fuller framework under the Horizontal Property Act (§§ 27-31-10 to 27-31-300), including a statutory priority lien. For your specific situation, a licensed South Carolina attorney is the right resource. This is general information, not legal advice.
The full South Carolina stack typically includes:
- Homeowners Association Act, S.C. Code §§ 27-30-110 to 27-30-170 — South Carolina's general HOA statute. It requires governing documents to be recorded to be enforceable, mandates 48-hour notice before a budget-increase vote, gives owners records-access rights through the Nonprofit Corporation Act, and gives the magistrate court concurrent jurisdiction over monetary disputes within its jurisdictional cap.
- Horizontal Property Act, S.C. Code §§ 27-31-10 to 27-31-300 — governs condominiums (horizontal property regimes). Provides a statutory priority lien for unpaid common-expense assessments and a framework for administration, bylaws, and compliance.
- South Carolina Nonprofit Corporation Act, S.C. Code Title 33, Ch. 31 — entity law for incorporated associations. Sections 33-31-1602 through 33-31-1605 are the records-access provisions specifically cross-referenced by the HOA Act.
- The recorded governing documents — the declaration, bylaws, and rules. For non-condo HOAs, the assessment lien comes from here, not from the HOA Act.
- Federal law — the Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, and the Freedom to Display the American Flag Act.
Governing documents must be recorded to be enforceable
South Carolina's HOA Act makes a point that matters in practice: under § 27-30-130, a governing document must be "recorded in the clerk of court's, Register of Mesne Conveyances (RMC), or register of deeds office in the county where the property is located" to be enforceable. Rules and amendments adopted after the fact must also be recorded by January 10 of the following year to remain enforceable. An unrecorded rule is vulnerable. See Which South Carolina Laws Govern Your HOA?.
Budget increases require 48-hour notice
Before a vote to increase the annual budget, the association must "provide notice to homeowners at least forty-eight hours in advance of the meeting in which a decision to raise the annual budget is made" (§ 27-30-140). Notice may go out by posting in conspicuous places, the association's website, email, or other bylaws-specified methods. This applies to associations not subject to the SC Nonprofit Corporation Act. See Attending HOA Meetings in South Carolina.
Records access runs through the Nonprofit Corporation Act
Section 27-30-150 explicitly cross-references the nonprofit records statutes: "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." See Getting Your HOA's Records in South Carolina.
HOA liens are contractual; condo liens are statutory
The HOA Act does not create a statutory assessment lien for planned-community HOAs — the lien must come from the recorded declaration. Condominiums are different: under § 27-31-210, unpaid common-expense assessments "constitute a lien on such apartment prior to all other liens except only tax liens and duly recorded mortgages," enforceable by foreclosure suit. See Can a South Carolina HOA Foreclose Over Dues?.
Magistrate court has concurrent jurisdiction over monetary disputes
Section 27-30-160 provides that "[p]ursuant to Section 22-3-10, the magistrates court shall have concurrent jurisdiction to adjudicate monetary disputes arising under this article, provided the dispute meets the jurisdictional requirements of Section 22-3-10." That makes magistrate court — generally faster and lower-cost than circuit court — an option for monetary HOA disputes within its jurisdictional cap (currently $7,500 in South Carolina). Non-monetary disputes (such as a pure rule-challenge for injunctive relief) generally don't fit the section. See Fighting an HOA Fine in South Carolina.
Frequently asked questions
Does South Carolina have an HOA law?
Yes. The South Carolina Homeowners Association Act (§§ 27-30-110 to 27-30-170) provides a statutory floor for planned communities. It is thinner than some states' HOA acts — it focuses on recording requirements, budget notice, records access, and dispute jurisdiction — but it is a real statute.
Where does the HOA's lien come from in South Carolina?
For planned-community HOAs, from the recorded declaration — the HOA Act does not create a statutory lien. For condominiums, § 27-31-210 of the Horizontal Property Act creates a statutory priority lien for unpaid common-expense assessments.
Can I take my HOA to magistrate court?
Section 27-30-160 gives magistrate court concurrent jurisdiction with circuit court over monetary disputes arising under the HOA Act, subject to magistrate court's jurisdictional cap (currently $7,500 in South Carolina). That makes it a realistic forum for smaller-dollar HOA disputes — but a pure rule-challenge seeking only injunctive relief usually isn't a fit. A licensed South Carolina attorney can advise on whether your specific dispute qualifies.