South Carolina HOA laws

South Carolina HOA and Condo Laws, in Plain English

South Carolina has 2 statutes that govern community associations: Homeowners Association Act and Horizontal Property Act. Here is what each covers, who it applies to, and the rules that come with a sale, with a link to the official text of every one.

A summary for boards and owners, not a substitute for the statute or your attorney. Every act links to its official text, and the association that acts on a rule is responsible for reading it.

The actsWhen a home sellsQuestions

HOA laws

South Carolina

SC
Homeowners Association Act Horizontal Property Act
Resale documentResale Package
Fee capNo fixed dollar cap
DeadlineNone set by statute
Buyer may cancelNo statutory right tied to this document

The Acts, and Who Each One Covers

Community type decides which act applies, and a community created before an act took effect may still be under the older one. The declaration says which.

S.C. Code 27-30 (Homeowners Association Act)

HOAs and planned communities

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.

Read S.C. Code 27-30 on the state's site

S.C. Code 27-31 (Horizontal Property Act)

Condominiums

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.

    Official text
Read S.C. Code 27-31 on the state's site

When a Home Sells in South Carolina

No South Carolina statute requires resale package, but lenders and title companies ask for one. Associations furnish it under their governing documents.

What South Carolina calls the resale document
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

The full South Carolina resale rules, who pays, and how to order are on the South Carolina resale package page. Every state's cap and deadline sit side by side in the fee and deadline table.

South Carolina HOA Law Questions

Which law governs condominiums in South Carolina?

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.

Which law governs HOAs in South Carolina?

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.

Does South Carolina cap the fee for a resale certificate?

No. South Carolina sets no dollar cap on resale package, so the association or its management company sets the fee under the governing documents.

How long does a South Carolina association have to deliver resale package?

South Carolina sets no statutory deadline. The closing date sets the pace.

Where can I read the South Carolina statutes?

Each act on this page links to its official text on the state legislature's site. Havn summarizes the law and links to the source rather than restating it.

Nearby States

North Carolina HOA laws

Resale fee: no fixed dollar cap · no statutory deadline

Georgia HOA laws

Resale fee: no fixed dollar cap · 5 business days

Florida HOA laws

Resale fee: $299 · 10 business days

Keep Reading

Guides

Templates

  • HOA Annual Meeting Notice TemplateA free HOA annual meeting notice template: date, place, agenda, the election, quorum, and the proxy or ballot enclosed, written to meet the notice window in your bylaws.
  • HOA Violation Notice TemplateA free HOA violation letter template: the rule cited, what was observed and when, the photo, the cure date, what happens next, and how the owner can respond or request a hearing.
  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.
  • HOA Proxy Form TemplateA free HOA proxy form template: the owner, the home, the proxy holder, the meeting, directed instructions on each item, the expiration, and the signature.

Terms to Know

  • Resale certificateThe disclosure package an HOA or condo association furnishes when a home in the community is sold: what is owed, what is coming, and the documents that govern the home.
  • HOA lienThe association's legal claim on a home for unpaid assessments, created by the declaration and, in most states, by statute.
  • Super lienIn roughly twenty states, a slice of the association's assessment lien that takes priority over the first mortgage, usually a set number of months of assessments.
  • QuorumThe minimum number of owners, or share of the votes, that must be present or represented for a meeting to act.
  • Special assessmentA one-time charge beyond the regular assessment, levied to cover a shortfall or a project the budget and the reserves cannot: a roof, a lawsuit, a storm.

In Havn

  • Self-Managed HOAsEverything a volunteer board needs, for a dollar a home a month.
  • AccountingFund accounting, budgets, bank feeds, payables, and owner statements.
  • CommunicationsMeeting notices, violation letters, and dues notices by email, text, and mail, with delivery logged.

Run a South Carolina community with the rules built in.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.

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