Question:
In the State of South Carolina, if an HOA states that an ADU cannot be built but County and State Law say it can, what right does the Homeowner have to build the ADU?
I am under the impression that State and County Laws overrule HOA regulations in this matter. Am I correct?
– Richard
Answer:
Several states and local cities may have laws or ordinances that permit owners to build ADUs in places zoned for residential use. State and local laws do override HOA rules, but just because a local law allows something doesn’t automatically mean that the HOA is obligated to allow the same. Homeowners associations are private entities. If state or local laws don’t prohibit HOAs from imposing certain restrictions, then an HOA may impose them. This applies to accessory dwelling units as well.
Here is an article you might find helpful: https://www.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
