South Carolina's booming coastal and suburban growth — from Charleston and Myrtle Beach to Greenville and Hilton Head — has made HOA governance a major issue for hundreds of thousands of homeowners. The SC Homeowners Association Act, enacted in 2018, brought modern governance standards to a state that previously had minimal HOA regulation. This guide covers what SC boards and homeowners need to know.
HOA Base keeps your records, meetings, and assessments in line with the SC HOA Act. See it in a 20-minute walkthrough.
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Educational information, not legal advice.
This page summarizes South Carolina HOA law as of 2026. It is not legal advice. Statutes change, and your CC&Rs may add requirements beyond state law. Consult a licensed South Carolina community association attorney before acting on anything here.
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Section 1
The South Carolina Homeowners Association Act (S.C. Code § 27-30-110 et seq.) was enacted in 2018, making it one of the newest comprehensive HOA statutes in the country. Before 2018, South Carolina had minimal HOA regulation — communities operated almost entirely under their CC&Rs with little statutory framework. The 2018 Act brought South Carolina in line with modern governance standards.
The Act applies to all homeowners' associations in South Carolina that have the power to impose assessments on lot owners. Key provisions:
South Carolina does not have a state agency that oversees HOAs. There is no ombudsman, no registration requirement, and no administrative complaint process. Disputes are resolved through the courts or private mediation.
Section 2
South Carolina regulates HOAs and condominiums under two separate statutes.
Owners hold fee-simple title to their lot and share ownership of common areas through the association. Governed by the SC Homeowners Association Act (2018). Covers single-family, townhome, and mixed-use planned communities.
Oversight: No state agency. Disputes go through the courts.
Owners hold title to an individual unit plus an undivided interest in common elements. Governed by the SC Horizontal Property Act (§ 27-31-10 et seq.). Different governance and insurance rules.
Oversight: No state agency. Disputes go through the courts.
This guide covers HOAs under the SC Homeowners Association Act (Title 27, Chapter 30).
Section 3
Section 27-30-130 establishes South Carolina's open-meeting requirements. Before the 2018 Act, SC had no statutory open-meeting rule for HOAs — the Act brought significant transparency to board governance.
48 hours
Minimum notice for board meetings
Written notice posted in a conspicuous location within the community at least 48 hours before a board meeting.
14 days
Notice for annual member meetings
Written notice mailed, delivered, or emailed (with consent) to every owner at least 14 days before the meeting.
Open to members
Right to attend & observe
Lot owners may attend all open board meetings. The board must provide a reasonable opportunity for owner comment.
Executive session
Closed sessions for limited topics
Legal matters, pending litigation, personnel, and individual owner delinquency or violation discussions may be conducted in executive session.
The board must keep written minutes of all board and member meetings. Minutes must be made available to lot owners upon request. The SC HOA Act does not set a specific retention period, but best practice is at least seven years.
The SC HOA Act does not expressly authorize email voting for board decisions. Substantive decisions should be made at properly noticed open meetings. The SC Nonprofit Corporation Act (Title 33, Chapter 31) allows action by unanimous written consent of directors, but if consent is not unanimous, a noticed meeting is required.
Section 4
Section 27-30-140 gives every lot owner the right to inspect the association's books and records. This was one of the most significant provisions of the 2018 Act — before it, many SC HOAs had no statutory obligation to share records with owners.
The association must make records available for inspection within 10 business days of a written request. Records must be available during reasonable business hours at a reasonable location, or the association may provide copies.
The association may charge a reasonable fee for copies — typically the actual cost of reproduction. Excessive copy charges that function as a barrier to access are not permitted.
Under § 27-30-180, when a lot is sold, the association must provide a resale certificate to the buyer or seller upon written request. The certificate must include the current assessment amount, any outstanding balances, pending special assessments, and a summary of the CC&Rs. The association has 10 business days to deliver the certificate. The fee is set by the declaration but must be reasonable.
Section 5
The SC HOA Act requires the board to adopt an annual budget and distribute it to all lot owners.
The board must adopt a budget that reasonably estimates revenues and expenses. A summary must be provided to all lot owners within 30 days of adoption. The budget is the basis for setting the regular assessment.
The association must prepare annual financial statements. The SC HOA Act does not mandate a specific type (compiled, reviewed, or audited) based on budget size, but the declaration may impose specific requirements. The financial statements must be available to lot owners as part of the records-inspection rights.
South Carolina does not mandate reserve studies by statute. However, the 2018 Act encourages boards to maintain adequate reserves. Many SC declarations — particularly in newer communities built in the Charleston, Myrtle Beach, and Hilton Head corridors — require reserve studies. Given SC's hurricane exposure and the aging of coastal infrastructure, reserve funding is especially critical for communities in the Lowcountry and along the Grand Strand.
Section 6
Section 27-30-150 governs assessment authority, liens, and the collection process.
An unpaid assessment creates an automatic lien on the lot from the date the assessment becomes due. The lien is perfected by recording a notice of lien in the county register of deeds. Before recording, the association must provide the delinquent owner with written notice.
The association must send the lot owner a written notice at least 30 days before recording a lien. The notice must:
South Carolina's HOA assessment lien is subordinate to a first mortgage. There is no super-lien in South Carolina. If the lender forecloses first, the HOA's lien is generally extinguished for pre-foreclosure assessments.
South Carolina allows HOAs to foreclose on assessment liens, but only through judicial foreclosure (a court proceeding — South Carolina is a judicial foreclosure state for all real property). The process requires filing a lis pendens and a foreclosure action in the court of common pleas. This provides significant due-process protection for homeowners but makes collection slower and more expensive for associations.
Late fees must be authorized by the declaration and must be reasonable. South Carolina courts apply a reasonableness standard and will not enforce late fees that are clearly punitive.
Section 7
Section 27-30-160 requires a notice-and-hearing process before a South Carolina HOA can impose a fine. This was a major addition of the 2018 Act — previously, many SC HOAs imposed fines without any formal process.
Written notice of the alleged violation
Must describe the violation, cite the specific covenant or rule, state the proposed fine amount, and inform the owner of their right to a hearing.
Reasonable opportunity to cure
The owner must be given a reasonable period to correct the violation before a fine is assessed.
Hearing before the board
The owner has the right to appear before the board, present evidence, and contest the fine. The hearing must be scheduled with reasonable advance notice.
Written decision
The board delivers its decision in writing, including the reasons and the fine amount.
The SC HOA Act does not set a statutory per-violation fine cap. The fine schedule and amounts are controlled by the declaration and the association's adopted rules. However, fines must be reasonable and proportionate. Courts will not enforce fines that appear punitive rather than corrective.
The association may suspend an owner's right to use common-area amenities (pool, clubhouse, dock, boat ramp) as a consequence of a violation or delinquent assessments. The same notice-and-hearing process applies.
Section 8
Section 27-30-170 and the SC Nonprofit Corporation Act (Title 33, Chapter 31) govern elections.
An annual member meeting is required. Notice must be sent at least 14 days before the meeting. The notice must include the agenda and identify open board positions.
Any lot owner who is a member in good standing may run for the board, subject to qualifications in the declaration or bylaws.
Members may vote in person or by proxy. Proxies must be in writing, signed, and dated. The SC Nonprofit Corporation Act provides that proxies are valid for 11 months unless otherwise specified.
The quorum for a member meeting is set in the bylaws. If not specified, the Nonprofit Corporation Act defaults to 10% of the membership. Many SC declarations set the quorum higher (20–30%).
A director may be removed with or without cause by majority vote at a member meeting called for that purpose, with at least 14 days' notice.
Section 9
Most South Carolina HOAs — especially in master-planned communities along the coast — have architectural review committees. The process is primarily governed by the CC&Rs and design guidelines.
The SC HOA Act does not set a statutory deadline for architectural decisions. Most declarations require the committee to respond within 30–45 days of a complete application. Some include "deemed approved" provisions if the committee fails to act within the deadline.
Denials should be in writing and cite the specific provision of the CC&Rs or design guidelines the proposal would violate. Generic denials without a specific basis are vulnerable to legal challenge.
SC courts require that architectural standards be applied consistently and reasonably. Selective enforcement is a common source of litigation in South Carolina HOAs.
Section 10
The U.S. flag and SC state flag may be displayed. The HOA may adopt reasonable rules on size, flagpole height, and placement, but cannot prohibit display. The flag must be displayed in a respectful manner consistent with U.S. Flag Code.
The 2018 SC HOA Act limits restrictions on solar energy systems. The HOA may adopt reasonable aesthetic guidelines but cannot prohibit installation or impose conditions that make the system unreasonably impractical or significantly increase cost.
Lot owners may display reasonable "for sale" signs. The HOA may regulate size and placement but cannot prohibit display.
Federal law preempts HOA restrictions on satellite dishes under 1 meter installed within the owner's exclusive-use area.
The federal Fair Housing Act preempts any HOA pet restriction that would prevent a resident from keeping a documented service or emotional support animal.
South Carolina law generally permits political signs during election season. The HOA may adopt reasonable size and timing rules but cannot ban them entirely.
Section 11
South Carolina does not have a state agency or ombudsman for HOA disputes. There is no administrative complaint process. Disputes are resolved through:
Most SC HOA declarations include an attorney's fees provision allowing the prevailing party to recover legal costs. The SC HOA Act also permits the association to recover attorney's fees in collection actions. Both sides should weigh the cost of litigation carefully.
Section 12
Run through this list at every board transition and the start of each fiscal year.
Declaration, bylaws, and articles centrally stored and accessible
Including all recorded amendments and current rules and regulations.
Board meeting notices posted at least 48 hours in advance
14 days for annual/special member meetings. Include an agenda.
Written minutes of every board and member meeting
Available for member inspection. Retain at least seven years.
Annual budget adopted and summary distributed within 30 days
With reserve allocations if reserves are maintained.
Annual financial statements prepared and available to members
Type depends on declaration requirements.
Records available within 10 business days of written request
§ 27-30-140: copies at reasonable cost.
30-day pre-lien notice sent before recording any assessment lien
§ 27-30-150: itemized balance, right to contest.
Fine process follows the § 27-30-160 notice-and-hearing procedure
Written notice, opportunity to cure, hearing, written decision.
Elections held per bylaws with proper notice and proxy procedures
§ 27-30-170: 14-day notice, proxies valid 11 months, 10% default quorum.
ARC decisions issued within the declaration's deadline
Written denial with specific reasons citing governing documents.
Resale certificates delivered within 10 business days of request
§ 27-30-180: current balance, pending assessments, CC&R summary.
Protected rights not being restricted
Flags, solar panels, for-sale signs, satellite dishes — verify no active enforcement.
Reserve study conducted (best practice even if not required by statute)
Especially critical for coastal and Lowcountry communities with hurricane exposure.
Insurance coverage reviewed annually
Including wind/hail and flood coverage for common areas in coastal zones.
HOA Base for South Carolina Associations
The 14 items on the compliance checklist above are the daily work of a South Carolina HOA board. HOA Base runs every one of them as part of its core workflow.
The § 27-30-150 notice is generated from the live ledger with itemized balances and a 30-day countdown visible to the board.
Schedule a board meeting and the 48-hour notice goes out automatically with the agenda. 14-day member meeting notices handled the same way.
Document violations, send the notice, track the cure period and hearing, and record the decision — with an audit trail courts can verify.
Track every homeowner's balance in real time. When an account goes delinquent, the system tracks the pre-lien timeline and generates required notices.
Every community gets a branded portal with governing documents, budgets, and minutes — satisfying § 27-30-140 proactively.
When a title company requests a resale certificate, HOA Base drafts it from the live ledger with the 10-business-day SLA tracked.
Free setup, free migration, public pricing starting at $49/month.
FAQ
The South Carolina Homeowners Association Act (S.C. Code § 27-30-110 et seq.), enacted in 2018, governs HOAs. Condominiums are governed by the SC Horizontal Property Act (§ 27-31-10 et seq.). Both are in Title 27 of the SC Code.
The SC Homeowners Association Act was enacted in 2018 and took effect January 1, 2019. Before 2018, South Carolina had minimal HOA regulation — communities operated almost entirely under their CC&Rs. The Act brought open-meeting rules, records access rights, fine procedures, and collection notice requirements.
Yes, but only through judicial foreclosure — South Carolina is a judicial foreclosure state for all real property. The association must send a 30-day pre-lien notice, record the lien, then file a foreclosure action in the court of common pleas. There is no super-lien in SC.
At least 48 hours, posted conspicuously. For annual and special member meetings, at least 14 days' written notice.
10 business days under § 27-30-140. Copies at reasonable cost.
Not by statute. Many declarations require them, and they're considered best practice — especially for coastal and Lowcountry communities with hurricane exposure and aging infrastructure.
No. South Carolina does not have a state agency, ombudsman, or administrative complaint process for HOAs. Disputes are resolved through internal hearings, mediation, or the courts.
Under § 27-30-160: written notice of the violation, reasonable opportunity to cure, hearing before the board, and written decision. The SC HOA Act does not set a fine cap — amounts are controlled by the declaration and adopted rules.
11 months from the date of execution under the SC Nonprofit Corporation Act, unless the bylaws specify otherwise. Proxies must be in writing, signed, and dated.
Not outright. The SC HOA Act (§ 27-30-145) limits restrictions on solar energy systems. The HOA may adopt reasonable aesthetic guidelines but cannot prohibit installation or make it unreasonably impractical.
HOA Base was built for the volunteer board member who didn't ask for this job. Meeting notices, assessment tracking, collection workflows, fine hearings, resale certificates — all of it in one system the next board can inherit.
Serving HOA boards across South Carolina — Charleston, Myrtle Beach, Greenville, Columbia, Hilton Head, Kiawah, and beyond.