Question:
I’m a homeowner in a HOA association. A special assessment was approved & the homeowner were given 3 different options to make payment. I signed an option to pay the special assessment monthly over 10 year period. The board of the association now insists that
the total assessment be paid in full. The amount of this payment is approximately $27,000. Can the HOA board make me pay that amount in full?
Answer:
Hi,
In South Carolina, the authority of a homeowners association to impose and collect special assessments, including the payment terms, is governed by the HOA’s governing documents, such as the covenants, conditions, and restrictions (CC&Rs), bylaws, and the resolutions passed by the board. If the board originally provided homeowners the option to pay the special assessment over a 10-year period and you signed an agreement to that effect, the HOA is generally required to honor that agreement unless there is a legal basis in the governing documents allowing them to change the terms unilaterally.
The HOA board cannot arbitrarily demand full payment if the payment terms were agreed upon and no breach has occurred on your part. You should review the original agreement you signed and the HOA’s governing documents to confirm your rights and whether the board has the authority to alter payment terms after an agreement has been executed.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
