Fighting Your HOA in South Carolina: Know Your Rights

Fighting Your HOA in South Carolina: Know Your Rights

South Carolina HOA Lawyer | HOA Disputes | Property Regime Attorney | HOA Fines, Assessments & Covenants

Disputes with a homeowners association, condominium association, or horizontal property regime can escalate quickly. A disagreement over a fence, parking, landscaping, assessments, architectural approval, rental restrictions, or maintenance can turn into HOA fines, attorney's fees, liens, collection actions, or litigation.

At Traywick Law Offices, LLC, we help South Carolina property owners evaluate disputes involving HOA boards, restrictive covenants, property regimes, bylaws, assessments, fines, liens, architectural review committees, property management companies, and covenant enforcement.

Can an HOA Do Whatever It Wants?

No. The important question is:

What legal authority gives the HOA the right to take the action it is taking against you?

In South Carolina, that answer may depend upon the recorded declaration, restrictive covenants, master deed, bylaws, amendments, rules and regulations, together with applicable state law.

The South Carolina Homeowners Association Act defines HOA "governing documents" to include declarations, master deeds, bylaws, and amendments. South Carolina law also imposes recordation requirements affecting the enforceability of HOA governing documents and certain rules and regulations. [scstatehouse.gov]

Common HOA Disputes

Homeowners frequently seek legal help involving:

• HOA fines and violation notices
• Selective or inconsistent enforcement
• Restrictive covenant disputes
• Architectural Review Committee or ARC disputes
• Fences, sheds, pools, docks and exterior improvements
• Regular and special assessments
• HOA liens and collection demands
• Board elections and board authority
• Missing or defective bylaws
• HOA financial records and accounting
• Rental and leasing restrictions
• Common-area maintenance and repairs
• Condominium and Horizontal Property Regime disputes

The existence of a violation letter does not necessarily establish that the association acted properly. The governing documents and the HOA's authority should be examined.

HOA Records and Financial Disputes

When homeowners question assessments or association spending, access to records can become important.

South Carolina Code § 27-30-150 applies specified document-access provisions to HOAs not otherwise subject to the South Carolina Nonprofit Corporation Act for purposes of homeowner access to annual budgets and membership lists. [scstatehouse.gov]

For a Horizontal Property Regime, S.C. Code § 27-31-180 requires the administrator or board to maintain detailed records of receipts and expenditures and provides for examination of the book and supporting vouchers by co-owners. [scstatehouse.gov]

Condominium and Horizontal Property Regime Disputes

South Carolina's Horizontal Property Act, S.C. Code § 27-31-10 et seq., contains specific requirements governing condominium-style horizontal property regimes. [scstatehouse.gov]

One particularly important provision is§ 27-31-150, which states that the administration of a Horizontal Property Regime, whether incorporated or unincorporated, shall be governed by bylaws inserted in or appended to and recorded with the master deed or lease. [scstatehouse.gov]

Section 27-31-160 further requires those bylaws to address matters including the form of administration, powers and removal, meetings of co-owners, decision-making, minutes, maintenance of common elements, and collection of common expenses. [scstatehouse.gov]

That can make questions such as"Who elected this HOA board?","Where are the bylaws?", and"What gives this board authority?" legally significant.

Can You Sue an HOA in South Carolina?

Depending upon the facts, HOA and property-regime disagreements may result in claims for monetary or equitable relief.

For Horizontal Property Regimes, § 27-31-170 addresses compliance with bylaws, rules, regulations and covenants and expressly provides for civil actions seeking sums due, damages, injunctive relief, or both in the circumstances described by the statute. [scstatehouse.gov]

The South Carolina Homeowners Association Act also gives magistrates courts concurrent jurisdiction over qualifying monetary disputes arising under the Act. [scstatehouse.gov]

Before Fighting Your HOA, Get the Documents

If you believe your HOA or property regime is acting improperly, gather:

• your deed and restrictive covenants;
• declaration or master deed;
• bylaws and amendments;
• HOA rules and architectural guidelines;
• violation and fine notices;
• assessment and account statements;
• HOA attorney correspondence;
• board and management-company communications;
• meeting notices and minutes; and
• photographs or evidence showing how similar properties have been treated.

The central question is often not simply whether the HOA's decision seems unfair.

It is:

Does the HOA have the legal and contractual authority to do what it is doing, and did the association exercise that authority properly?

Talk to a South Carolina HOA Lawyer

If you are involved in a dispute with a homeowners association, HOA board, condominium association, Horizontal Property Regime, architectural review committee, or property management company, Traywick Law Offices can evaluate the governing documents and circumstances surrounding the dispute.

Traywick Law Offices, LLC
David P. Traywick
Mount Pleasant, South Carolina
843-343-5092
dpt@traywicklaw.com

HOA disputes | HOA fines | HOA liens | HOA assessments | restrictive covenants | selective enforcement | HOA board disputes | HOA bylaws | architectural review disputes | condominium disputes | Horizontal Property Regime disputes

This article provides general information about South Carolina law and does not constitute legal advice concerning a particular property or dispute.