South Carolina
South Carolina HOA and Condo Resale Package (Resale Certificate): Fees, Deadlines, and How to Order
No South Carolina statute requires a resale package, but title companies and lenders still ask for one before closing. Associations furnish it under their governing documents.
Free for the resale platform. No contract to sign.
South Carolina Resale Package
Example Shores Owners Association
Regular assessment
$305.00 monthly
Reserve balance
$96,000.00
Master insurance
Certificate on file
Right of first refusal
No
South Carolina at a glance
- What South Carolina calls it
- Resale Package
- Fee cap
- No fixed dollar cap
- Delivery deadline
- None set by statute
- Buyer's right to cancel
- No statutory right tied to this document
Also called: resale certificate, HOA resale package. If you were told to get a South Carolina resale certificate, or an SC resale certificate as closing agents write it, for a home in an HOA or a condominium, this is that document. It has nothing to do with the sales tax resale certificate a retailer files with the state.
What each South Carolina act sets
South Carolina has 2 sets of rules, and which one applies depends on how the community was created. Havn asks once which act governs a community, then applies that act's limits to every order.
S.C. Code 27-31-220
Horizontal Property Act. Applies to condominiums.
- Required by statute
- No. Furnished under the governing documents.
- Fee
- No fixed dollar cap
- Deadline
- None set
S.C. Code 27-30
Homeowners Association Act. Applies to HOAs and planned communities.
- Required by statute
- No. Furnished under the governing documents.
- Fee
- No fixed dollar cap
- Deadline
- None set
South Carolina HOA laws on resale documents, in plain words
Each entry links to the official text. Read the statute itself before relying on a summary.
S.C. Code 27-30 (Homeowners Association Act)
The South Carolina Homeowners Association Act, effective 2018, governs associations that manage a planned community or a horizontal property regime under a recorded declaration requiring owners to pay assessments for common expenses. It covers the recording and enforceability of governing documents, rules and their amendments, notice to owners before an association raises its annual budget, and owner access to association records, largely by cross referencing the state's Nonprofit Corporation Act. The Act does not include a resale certificate, disclosure statement, or payoff or estoppel statement requirement for the sale of a unit or lot.
S.C. Code 27-31 (Horizontal Property Act)
The South Carolina Horizontal Property Act, in place since the 1960s, is the state's condominium enabling statute, governing how a horizontal property regime is created by master deed, how the council of co-owners and its bylaws operate, and how common elements, shared expenses, and insurance are handled among unit owners. It also addresses assessment liens and a purchaser's liability for a seller's unpaid assessments, and, for buildings converted from rental apartments, disclosure to tenants of the building's physical condition. The Act does not set out a general resale certificate or disclosure package for unit sales, beyond a seller and purchaser statement of unpaid assessments covered in one of its sections.
S.C. Code 27-31-220 (Liability of Purchaser of Apartment)
This section makes a condominium unit purchaser jointly liable with the seller for the seller's unpaid share of common expenses up to the time of sale, but requires the council of co-owners to furnish the purchaser, on request, a statement of the amount owed and limits the purchaser's liability to the amount shown on that statement.
The notice Havn prints on every South Carolina resale package
Every South Carolina document Havn prepares carries a notice that tells the reader where the document comes from and what South Carolina law says about it. This is the wording, act by act.
S.C. Code 27-31-220Condominiums
No South Carolina statute requires this resale package as a whole, although S.C. Code 27-31-220 requires the council of co-owners to issue a statement of the amounts due by the seller upon a purchaser's request. It is furnished under the horizontal property regime's master deed and bylaws. The statement of amounts due that it contains is issued under S.C. Code 27-31-220 at the purchaser's request. Under that section the purchaser of an apartment is jointly and severally liable with the seller for the seller's unpaid share of the common expenses up to the time of the conveyance, and that liability is limited to the amount set forth in the statement. That joint and several liability does not apply to a purchaser who acquires title at a foreclosure sale as described in S.C. Code 27-31-210(b). Under S.C. Code 27-31-200, unpaid assessments are paid first out of the sales price or by the acquirer, ahead of other charges but after past due property taxes and duly recorded mortgages. South Carolina law sets no deadline for issuing this package, no limit on its fee, and no cancellation right for the purchaser tied to it. The information in this package is current as of its issue date.
S.C. Code 27-30HOAs and planned communities
No South Carolina statute requires this resale package. It is furnished under the association's recorded declaration and bylaws. The South Carolina Homeowners Association Act, S.C. Code 27-30-110 and following, does not require a resale package, a disclosure statement, or a statement of unpaid assessments for the sale of a lot, and it does not limit what the association may charge to prepare one. Under S.C. Code 27-30-130 the declaration and bylaws must be recorded in the county where the property is located in order to be enforceable, and rules, regulations, and their amendments must be recorded by January tenth of each year following their adoption or amendment. The amounts shown in this package are taken from the association's books and records as of the issue date. South Carolina law does not make those amounts binding on the association for a lot in a planned community, so the purchaser should confirm the payoff figure with the association or its manager before closing. South Carolina law also gives the purchaser no cancellation right tied to this package; any review period comes from the purchase contract. The information in this package is current as of its issue date.
South Carolina resale package: common questions
What is a South Carolina resale package?
It is the package a South Carolina association puts together when a home in the community is sold: what the home owes, plus the association's budget, insurance, and governing documents. No South Carolina statute prescribes it, so its contents follow the governing documents and what the closing asks for.
How much does a South Carolina resale package cost?
South Carolina sets no dollar cap and no statute governs the fee, so the governing documents and the management contract decide it.
How long does a South Carolina association have to provide a resale package?
South Carolina sets no statutory deadline. The closing date sets the pace, and a late document delays the closing.
Is a resale package required in South Carolina?
No South Carolina statute requires a resale package. Buyers, lenders, and title companies still ask for one, and associations furnish it under their governing documents.
Can a buyer cancel after receiving a South Carolina resale package?
South Carolina law ties no cancellation right to this document. Any right to cancel comes from the purchase contract or from other disclosure laws.
Who pays for the resale package in South Carolina?
Whoever orders it pays the association's fee, usually the seller or the closing agent on the seller's behalf, and the purchase contract can move the cost to the buyer.
What is included in a South Carolina resale package?
What the home owes the association, the fees due at closing, the budget and reserves, the insurance the association carries, pending lawsuits, and the governing documents.
How do I get a resale package in South Carolina?
Ask the association, or its management company if it has one. Many take the request through an online order page and deliver by email. A buyer should ask the seller or the closing agent to order it.
Is this the same as a South Carolina sales tax resale certificate?
No. A sales tax resale certificate is a form a retailer gives a supplier so it can buy goods without paying sales tax. It shares a name and nothing else. This page is about the HOA document used when a home is sold.
How South Carolina compares with its neighbors
Management companies that work across state lines meet a different rule on each side. South Carolina: no fixed dollar cap, none set by statute.
North Carolina
Resale Certificate
No fixed dollar cap
No statutory deadline
Required by statute
Georgia
Resale Package
No fixed dollar cap
5 business days
Not required by statute
Florida
Estoppel Certificate
$299
10 business days
Required by statute
See all 51 jurisdictions on the map, compare every state in the fee and deadline table, or read about lender questionnaires, estoppel letters, and demand letters.
Your next South Carolina resale package could write itself.
The resale platform is free for the association. The requester pays for the document. No contract to sign.