Homeowners associations in South Carolina must abide by certain laws and regulations enacted by the government. Learn about these South Carolina HOA laws here.
The South Carolina Homeowners Association Act regulates homeowners associations in the state. It covers recording requirements, the enforceability of governing documents, amending governing documents, annual budget increases, and notice requirements, among other things. It also establishes the Department of Consumer Affairs Services for HOAs and their members.
It also tackles property use restrictions such as the display of the U.S. flag. Under Section 27-1-70, homeowners associations may not prohibit homeowners from displaying one portable, removable United States flag in a respectful manner.
You can find the South Carolina Homeowners Association Act under Title 27, Chapter 30 of the South Carolina Code. It consists of two articles, divided further into sections.
The South Carolina Horizontal Property Act regulates the creation, operation, management, and authority of horizontal property regimes that expressly choose to follow the provisions of this Act. To do so, such properties must record a declaration or master deed under the Act.
You can find the South Carolina Horizontal Property Act under Title 27, Chapter 31 of the South Carolina Code. It consists of two articles, broken down further into sections.
The South Carolina Nonprofit Corporation Act of 1994 regulates non-profit corporations in the state. Most homeowners associations in South Carolina are established as non-profit corporations. Therefore, they must adhere to the provisions of this Act in terms of corporate structure, management, and procedure.
You can find the South Carolina Nonprofit Corporation Act of 1994 under Title 33, Chapter 31 of the South Carolina Code. It contains the following chapters:
The South Carolina Consumer Protection Code protects consumers from unfair debt collection practices. It consists of provisions that regulate the conduct and practices of debt collectors. This Act offers state-level protections similar to the federal Fair Debt Collection Practices Act. Under the FDCPA, homeowners are considered consumers, and HOA dues are considered debts. But, HOAs are not debt collectors, with the term applying to third-party collectors such as collection agencies.
Homeowners who become victims of misleading, abusive, or unfair collection practices can report the matter to the Federal Trade Commission, the Consumer Financial Protection Bureau, or the South Carolina Department of Consumer Affairs. Victims can also file a lawsuit against the debt collector in state or federal court.
The HOA laws of South Carolina also extend to Fair Housing, offering protection similar to the federal Fair Housing Act. According to the South Carolina Fair Housing Law, housing providers such as HOAs can’t discriminate against persons based on race, color, national origin, sex, religion, disability, or familial status.
Housing discrimination victims can file a private lawsuit in the federal district court within 2 years. Alternatively, they can also lodge a complaint with the U.S. Department of Housing and Urban Development or the South Carolina Human Affairs Commission within a year from when the act took place.