South Carolina's Homeowners Association Act (S.C. Code §§ 27-30-110 through 27-30-160) establishes governance, disclosure, and enforcement rules for planned community HOAs. South Carolina condominiums are governed under the South Carolina Horizontal Property Act (S.C. Code §§ 27-31-10 et seq.). A significant 2026 legislative development — South Carolina Bill 5204 — proposes sweeping changes to HOA governance that boards should monitor closely.
CRITICAL 2026 UPDATE: South Carolina Bill 5204 was introduced in the 2026 legislative session and proposes major changes including: mandatory financial audits for HOAs over $250,000 in annual revenue, 30-day resale certificate turnaround, mandatory fine hearing procedures, owner voting rights on special assessments over 10% of the annual budget, and enhanced record access rights. Monitor this bill's progress and consult an SC attorney if it passes.
South Carolina Homeowners Association Act: Current Law
The current South Carolina HOA Act (enacted 2018, amended 2022) applies to planned community associations with more than 12 lots. Key current requirements: the association must provide governing documents to all owners on request; the board must conduct annual meetings; the association must maintain financial records and make them available to owners; and the association must provide written notice before imposing fines.
Resale Disclosure in South Carolina
South Carolina requires sellers to provide buyers with a written disclosure of the HOA's existence and any outstanding assessments before closing. The association must provide a status letter (confirming assessments paid/unpaid) within 10 business days of written request. Unlike Florida and Texas, South Carolina does not currently require the full governing document package — just a status confirmation. Bill 5204 would significantly expand this.
Enforcement and Fine Procedures
South Carolina law requires that before imposing a fine, the association must: (1) provide written notice of the alleged violation identifying the specific rule violated, (2) allow a reasonable time to cure (at least 10 days for most violations), and (3) provide an opportunity for a hearing. South Carolina does not set a statewide fine cap — fine schedules are set by the governing documents. Bill 5204 would impose minimum procedural requirements statewide.
Assessment Liens in South Carolina
South Carolina HOAs may record an assessment lien for unpaid dues and assessments. The lien must be recorded in the county register of deeds. South Carolina allows both judicial and non-judicial foreclosure of HOA assessment liens — non-judicial foreclosure requires a power of sale in the CC&Rs. The association must provide 30 days written notice of intent to foreclose before proceeding.
Board Elections and Governance
South Carolina requires that board elections be conducted by written ballot or at an annual meeting with proper notice. All owners in good standing (current on assessments) may vote. The current statute does not require secret ballots — this is one of the provisions Bill 5204 would change. Meeting minutes must be kept and are available to owners on request.
| Requirement | Current Law | Bill 5204 (Proposed) |
|---|---|---|
| Resale Disclosure Deadline | 10 business days | 30 calendar days |
| Financial Audit | Not required | Required for HOAs with $250K+ revenue |
| Fine Hearing | Required | Stricter minimum procedures |
| Special Assessment Vote | Board authority | Owner vote required over 10% of budget |
| Secret Ballot Elections | Not required | Required |
Disclaimer: South Carolina HOA law is actively evolving in 2026. This guide reflects current law; Bill 5204 provisions are proposed and not yet enacted. Consult a licensed South Carolina attorney for legal advice specific to your association.
This article is for general informational and educational purposes only. It does not constitute legal advice. HOA laws vary by state, and your association's specific CC&Rs and bylaws may create additional requirements. Always consult a licensed attorney in your state before taking legal or enforcement action. Full disclaimer →