For volunteer board members
South Carolina HOA Rules for Board Members (2026)
New to a South Carolina HOA or condo board? Before you send a violation letter or set a fine, it helps to know what the law actually says. Here are the South Carolina rules in plain words, each with its statute section and a link to the official text.
South Carolina homeowners associations and condominium associations (horizontal property regimes). The Homeowners Association Act covers associations that manage a planned community or horizontal property regime under a declaration requiring assessments. No South Carolina statute sets a violation-notice, hearing or fine process, so your recorded declaration (condominiums: master deed), bylaws, recorded rules and enforcement policy control. Kindly Board walks a fair notice-and-hearing order and cites the South Carolina rules that do apply. South Carolina law sets no cure period or hearing timeline; your documents control.
- Kindly Board's suggested check-in on the fix (not a South Carolina rule): south Carolina law sets no cure period. The fix-by date you wrote in the notice (from your documents, or 10 to 30 days if they're silent) controls; this is only a 14-day reminder to check.
- Kindly Board's suggested hearing date (10 days after the hearing notice; not a South Carolina rule): no South Carolina statute sets a hearing-notice period. Kindly Board suggests at least 10 days so the owner can prepare; your documents control if they say otherwise.
Updated October 2026. Not legal advice.
Key South Carolina deadlines at a glance
| Deadline | What the law says |
|---|---|
| Kindly Board's suggested check-in on the fix (not a South Carolina rule) | South Carolina law sets no cure period. The fix-by date you wrote in the notice (from your documents, or 10 to 30 days if they're silent) controls; this is only a 14-day reminder to check. S.C. Code §§27-30-110 to -340; Title 33 Ch. 31; §§27-31-10 to -440 (none set) |
| Kindly Board's suggested hearing date (10 days after the hearing notice; not a South Carolina rule) | No South Carolina statute sets a hearing-notice period. Kindly Board suggests at least 10 days so the owner can prepare; your documents control if they say otherwise. S.C. Code §§27-30-110 to -340; Title 33 Ch. 31; §§27-31-10 to -440 (none set) |
Which South Carolina law applies
South Carolina has no law that sets a violation-notice, hearing, fine or architectural-review process for HOAs or condominiums: the Homeowners Association Act, the Nonprofit Corporation Act and the Horizontal Property Act set none, and no statute sets a courtesy notice, cure period, notice content, delivery method, hearing deadline, hearing-notice period, dollar cap, late fee or appeal for fines. South Carolina law sets no cure period or hearing timeline; your documents control.
S.C. Code §§27-30-110 to -340; Title 33 Ch. 31; §§27-31-10 to -440 (none set)
The South Carolina Homeowners Association Act covers an entity that manages a planned community or horizontal property regime under a declaration requiring owners to pay assessments (not a vacation time-sharing plan).
Governing documents (declaration, master deed, bylaws, amendments) must be recorded in the county where the property is located to be enforceable. Rules and their amendments take effect when adopted, but to remain enforceable must be recorded in the county by January 10 of the year after adoption or amendment, and must be available to a member on request unless posted in a common area or downloadable from the association's website.
Violation notices and the chance to fix in South Carolina
Incorporated HOAs: no member may be expelled or suspended, and no membership terminated or suspended, except by a fair and reasonable procedure carried out in good faith. Bylaws giving at least 15 days' prior written notice with the reasons, and an opportunity to be heard orally or in writing at least 5 days before the effective date, meet that test (notice by first-class or certified mail to the last address on record). Whether suspending amenity or voting privileges counts as a 'suspension' under this section isn't stated; follow these steps, or ask a South Carolina attorney.
Fines in South Carolina
No South Carolina statute grants or limits HOA or condominium fines; fining power, the amount and the steps must come from your recorded declaration (condominiums: master deed), bylaws, recorded rules and any enforcement policy.
Assessments, late fees and liens in South Carolina
Condominiums: unpaid assessments for common expenses are a lien on the apartment, ahead of all liens except tax liens and recorded mortgages, foreclosed by suit like a mortgage. Non-condominium HOAs: any lien or collection right comes from the declaration, not a state HOA statute. Liens, collections and lawsuits go to a South Carolina attorney.
Meetings and votes in South Carolina
No South Carolina statute requires HOA board meetings to be open to owners; your bylaws decide.
S.C. Code Title 33 Ch. 31; §§27-30-110 to -170 (no open-meeting rule)
Incorporated HOAs: board quorum is a majority of directors in office unless the articles or bylaws provide otherwise (never fewer than the greater of one-third or two), and a majority of directors present with a quorum acts for the board. Directors may take part by any means by which all can hear each other at the same time, unless the articles or bylaws say otherwise.
Records in South Carolina
A member may inspect and copy the records kept at the principal office on written notice at least five business days ahead; accounting records and other minutes need a good-faith demand for a proper purpose. Condominium boards keep a detailed book of receipts and expenditures open to all co-owners.
Other rules boards should know
Condominiums (horizontal property regimes): each co-owner must comply strictly with the bylaws, rules and master-deed covenants; failure is grounds for a civil action to recover sums due, for damages or injunctive relief or both, brought by the administrator or board for the council of co-owners, or in a proper case by an aggrieved co-owner.
The Department of Consumer Affairs takes complaints from owners and associations and sends each complaint to the other side in a way that verifies receipt; it may not issue HOA rules or decide disputes. Magistrates court has concurrent jurisdiction over monetary disputes under the HOA Act up to $7,500.
Step by step: a South Carolina violation case
The order Kindly Board walks a South Carolina board through, from the first look to the last letter.
- Check before you start Every case
Know what process your recorded documents set, that your rules were recorded on time, and the exact rule. - Courtesy reminder Optional
Optional friendly reminder. It isn't the written notice unless your documents say so. - Written notice and time to fix Kindly Board's fair-process order (your documents may require it)
Written notice to the owner's address on file, with a fix-by date from your documents (10 to 30 days if silent). Certified plus first-class mail is good practice. - Opportunity to be heard Kindly Board's fair-process order (your documents may require it)
Give the owner a chance to be heard before any fine. Kindly Board suggests 10 days' notice of the hearing. - Decide and record it Before any fine
Decide as your documents provide and record it. Incorporated HOAs: a majority of directors present with a quorum (S.C. Code §33-31-824). - Notice of fine Only after notice and the chance to be heard
A fine only as your recorded documents allow. No South Carolina statute sets a cap, late fee or appeal. - Close the case Every case
Confirm the fix and keep the file. Members may inspect records on five business days' written notice.
South Carolina HOA rules: FAQ
What HOA law applies in South Carolina?
South Carolina homeowners associations and condominium associations (horizontal property regimes). The Homeowners Association Act covers associations that manage a planned community or horizontal property regime under a declaration requiring assessments. No South Carolina statute sets a violation-notice, hearing or fine process, so your recorded declaration (condominiums: master deed), bylaws, recorded rules and enforcement policy control. Kindly Board walks a fair notice-and-hearing order and cites the South Carolina rules that do apply. The main sources: South Carolina law (the Homeowners Association Act, S.C. Code §27-30-110 and following; no statutory fine process).
How are days counted for South Carolina HOA deadlines?
South Carolina sets no statutory notice or hearing days for associations; your documents set the periods. Kindly Board counts calendar days. If a deadline falls on a weekend or holiday, ask a South Carolina attorney.
What are the key deadlines in a South Carolina HOA violation case?
Kindly Board's suggested check-in on the fix (not a South Carolina rule): south Carolina law sets no cure period. The fix-by date you wrote in the notice (from your documents, or 10 to 30 days if they're silent) controls; this is only a 14-day reminder to check. (S.C. Code §§27-30-110 to -340; Title 33 Ch. 31; §§27-31-10 to -440 (none set)) Kindly Board's suggested hearing date (10 days after the hearing notice; not a South Carolina rule): no South Carolina statute sets a hearing-notice period. Kindly Board suggests at least 10 days so the owner can prepare; your documents control if they say otherwise. (S.C. Code §§27-30-110 to -340; Title 33 Ch. 31; §§27-31-10 to -440 (none set))
What does South Carolina law say about HOA fines?
No South Carolina statute grants or limits HOA or condominium fines; fining power, the amount and the steps must come from your recorded declaration (condominiums: master deed), bylaws, recorded rules and any enforcement policy. (S.C. Code §§27-30-110 to -170 (no fine rule))
Can South Carolina owners see the association's records?
A member may inspect and copy the records kept at the principal office on written notice at least five business days ahead; accounting records and other minutes need a good-faith demand for a proper purpose. Condominium boards keep a detailed book of receipts and expenditures open to all co-owners. (S.C. Code §33-31-1602; §27-31-180; §27-30-150)