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How do I dispute an HOA assessment or fine in South Carolina?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

South Carolina's 2018 HOA Act introduced annual registration with the Department of Consumer Affairs and modest governance reforms; condos remain under the older Horizontal Property Act.

1. Governing Statute

  • HOAs: South Carolina Homeowners Association Act, S.C. Code §§ 27-30-110 to 27-30-200.
  • Condominiums: Horizontal Property Act, S.C. Code §§ 27-31-10 to 27-31-300.
  • DCA registration: S.C. Code § 27-30-130 and 28 S.C. Reg. annual filing requirements.

    • 2. CC&Rs and Bylaws

    Recorded declaration, bylaws, and rules govern. The 2018 HOA Act requires that governing documents be recorded with the Register of Deeds to be enforceable (§ 27-30-130). Magistrate court can adjudicate disputes under $7,500.

    3. Common Disputes

    Architectural changes, fencing, exterior color, parking, pets, lease and short-term rental restrictions, assessment increases (must be in line with declaration), fines, late fees.

    4. Internal Dispute Resolution

    The 2018 HOA Act requires the board to provide notice and an opportunity to be heard before imposing a fine (most declarations and bylaws already do). Hearing procedures are typically set forth in the bylaws.

    5. Alternative Dispute Resolution

    ADR is not statutorily mandated. Many declarations require mediation. SC Uniform Arbitration Act (S.C. Code §§ 15-48-10 to 15-48-240) enforces arbitration clauses. Disputes under $7,500 may proceed in magistrate court.

    6. Lien & Foreclosure

    The condo association has a statutory lien for unpaid assessments (§ 27-31-210). HOAs have contract-based liens authorized by the declaration. Foreclosure is judicial in South Carolina (the state does not authorize nonjudicial mortgage foreclosure for residential property — S.C. Code § 29-3-90 et seq.). South Carolina does not provide a UCIOA super-lien.

    7. Open Meeting & Record Inspection

    The 2018 HOA Act requires the board to make minutes of meetings and financial records available for inspection by members (§ 27-30-130). DCA-filed governing documents are public records.

    8. Statutory Caps

    Solar (S.C. Code § 27-1-30 — HOA may not prohibit solar energy systems on detached single-family homes). Flag display (federal Freedom to Display Act). Satellite dishes (federal OTARD).

    9. Lawsuit Remedies

    Declaratory judgment (S.C. Code §§ 15-53-10 to 15-53-140), injunction, breach of fiduciary duty against directors (S.C. Code § 33-31-830 — nonprofit corp duty), and attorney's fees when the declaration or statute provide.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Foreclosure complaint filed in Court of Common Pleas for assessments
    • Disputed fines escalating into a lien
    • Board failed to register with DCA or refuses record inspection
    Related Statutes & Laws
    • S.C. Code §§ 27-30-110 to 27-30-200 (HOA Act)
    • S.C. Code §§ 27-31-10 to 27-31-300 (Horizontal Property Act)
    • S.C. Code § 27-30-130 (DCA registration & records)
    • S.C. Code § 27-31-210 (condo lien)
    • S.C. Code § 27-1-30 (solar)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.