What do South Carolina HOA laws say about records, notice and condos?

South Carolina HOA hour, day and date figures, with sources

Download this table: CSV or JSON.

Who is responsible for repairs in a South Carolina HOA?

For a horizontal property regime under the Horizontal Property Act, 27-31-250(A), read 2026-10-29 on scstatehouse.gov, reads: “A portion of the property for which insurance is required pursuant to Section 27-31-240 and which is damaged or destroyed must be repaired or replaced promptly by the council of co-owners unless:” (South Carolina Code of Laws § 27-31-250)

The council of co-owners need not have the damaged or destroyed portion repaired or replaced promptly where repair or replacement is illegal under a state statute or local health ordinance (27-31-250(A)(1)), or where eighty percent of the co-owners, or a greater percentage the bylaws require, vote not to rebuild (27-31-250(A)(2)).

Under 27-31-250(B), the cost of repair or replacement in excess of insurance proceeds and reserve must be considered a common expense.

For a planned community, the HOA Act's 27-30-120(6) defines the association as an entity developed to manage and maintain a planned community or horizontal property regime whose declaration requires owners to pay assessments for a share of maintenance, or improvement of, or services or other expenses related to, common elements.

To compare written bids on a common-element repair after storm or fire damage, a council of co-owners can post the job on InstaBids.

How can an owner see HOA records in South Carolina?

For an HOA incorporated under the South Carolina Nonprofit Corporation Act, 33-31-1602(a), read 2026-10-29 on scstatehouse.gov, reads: “Subject to subsection (e) and Section 33-31-1603(c), a member is entitled to inspect and copy, at a reasonable time and location specified by the corporation, any of the records of the corporation described in Section 33-31-1601(e) if the member gives the corporation written notice or a written demand at least five business days before the date on which the member wishes to inspect and copy.” (South Carolina Code of Laws § 33-31-1602).

Section 27-30-150 says the access to documents provisions of Sections 33-31-1602, 33-31-1603, 33-31-1604, and 33-31-1605 apply to all homeowners associations not subject to the South Carolina Nonprofit Corporation Act, for allowing homeowners access to inspect and copy the annual budget and homeowners membership lists; for a member, 33-31-1602(a) asks for written notice or a written demand at least five business days ahead.

When the annual budget owners inspect lists a planned maintenance job, the board can post it on InstaBids and get written bids on the same scope.

What records does a South Carolina HOA have to keep?

For an HOA incorporated under the South Carolina Nonprofit Corporation Act, 33-31-1601(b), read 2026-10-29 on scstatehouse.gov, reads: “A corporation shall maintain appropriate accounting records.” (South Carolina Code of Laws § 33-31-1601).

Under 33-31-1601(a), such a corporation shall keep as permanent records minutes of all meetings of its members and board of directors, a record of all actions taken by the members or directors without a meeting, and a record of all actions taken by committees of the board.

Under the HOA Act's 27-30-130(B)(2), an association's rules, regulations, and amendments to rules and regulations must be recorded in the county by January tenth of each year following their adoption or amendment, in order to remain enforceable.

To keep written bids for common-area work with the board's records, post the job on InstaBids and compare the bids side by side.

How much notice does a South Carolina HOA board give before a meeting?

For an HOA incorporated under the South Carolina Nonprofit Corporation Act, 33-31-822(a), read 2026-10-29 on scstatehouse.gov, reads: “Unless the articles, bylaws, or subsection (c) provides otherwise, regular meetings of the board may be held without notice.” (South Carolina Code of Laws § 33-31-822).

Under 33-31-822(b), unless the articles, bylaws, or the Act provides otherwise, special meetings of the board must be preceded by at least two days' notice to each director of the date, time, and place, but not the purpose, of the meeting.

For an HOA not incorporated under the South Carolina Nonprofit Corporation Act (27-30-140(2)), 27-30-140(1) says that before the homeowners association may take action to increase an annual budget in any single year, it must provide notice to homeowners at least forty-eight hours in advance of the meeting in which a decision to raise the annual budget is made.

For a meeting of members of a corporation, 33-31-705(c)(1) says notice is fair and reasonable if the corporation notifies its members of the place, date, and time of each annual, regular, and special meeting of members no fewer than ten or, if notice is mailed by other than first class or registered mail, thirty, nor more than sixty days before the meeting date.

Before a board meeting on a common-area contract, such as roof or paving work, a manager can post the job on InstaBids and bring written bids to compare.

Does South Carolina HOA law apply to condominiums?

The HOA Act's definition in 27-30-120(8), read 2026-10-29 on scstatehouse.gov, reads: “"Unit" means an apartment in a horizontal property regime, or a lot in a subdivision.” (South Carolina Code of Laws § 27-30-120), and 27-30-120(6) counts an entity developed to manage and maintain a planned community or horizontal property regime as a homeowners association.

Under 27-30-120(6), a homeowners association does not include a vacation time sharing plan organized and subject to the provisions of Chapter 32.

A horizontal property regime also has its own repair line in the Horizontal Property Act: under 27-31-250(A), a portion of the property for which insurance is required under 27-31-240 and which is damaged or destroyed must be repaired or replaced promptly by the council of co-owners, with the exceptions that subsection lists.

For a condo regime's shared building work, such as hallway painting or a roof leak, a council of co-owners can post the job on InstaBids for written bids.

Where must a South Carolina HOA record its rules?

Section 27-30-130(B)(2), read 2026-10-29 on scstatehouse.gov, reads: “In order to remain enforceable, a homeowners association's rules, regulations, and amendments to rules and regulations must be recorded in the clerk of court's, Register of Mesne Conveyance (RMC), or register of deeds office in the county in which the property is located by January tenth of each year following their adoption or amendment.” (South Carolina Code of Laws § 27-30-130).

Under 27-30-130(D), the recording of the rules, regulations, bylaws, and amendments by January tenth is not subject to the requirements of witnesses and acknowledgements required under Section 30-5-30, so the rules must be recorded without them.

If an amended rule changes common-area upkeep, such as landscaping or pool care, the board can post that work on InstaBids and compare written bids on one scope.

Where do South Carolina HOA complaints go?

Chapter 30's article on the Department of Consumer Affairs answers in 27-30-340(A), read 2026-10-29 on scstatehouse.gov: “The department shall receive and record data from any calls or written complaints from homeowners or homeowners associations.” (South Carolina Code of Laws § 27-30-340).

Under 27-30-340(D), by January thirty-first of each year the department shall make a report of all data collected and complaints received to the Governor and the General Assembly, and to the public through the department's website.

When an owner complaint is about common-area upkeep, such as a broken gate or a drainage problem, the board can post the repair on InstaBids for written bids.

South Carolina HOA Act, Horizontal Property Act and Nonprofit Corporation Act rules a board or manager works to

What to put in a written scope for South Carolina HOA work

• The work in plain words for each common area, with photos, so bids line up line by line.
• Budget for the work: for an HOA not incorporated under the South Carolina Nonprofit Corporation Act (27-30-140(2)), notice to homeowners at least forty-eight hours in advance of the meeting in which a decision to raise the annual budget is made (27-30-140(1)).
• Rules the work changes: an association's rules, regulations and amendments must be recorded in the county by January tenth of each year following their adoption or amendment (27-30-130(B)(2)).
• Board special meeting on the contract, for an HOA incorporated under the South Carolina Nonprofit Corporation Act: unless the articles, bylaws, or the Act provides otherwise, special meetings of the board must be preceded by at least two days' notice to each director (33-31-822(b)).
• Members' meeting on the work: notice is fair and reasonable if the corporation notifies its members of the place, date, and time no fewer than ten (thirty if mailed by other than first class or registered mail) nor more than sixty days before the meeting date (33-31-705(c)(1)).
• Records request: a member is entitled to inspect and copy on written notice or a written demand given at least five business days before the date on which the member wishes to inspect and copy (33-31-1602(a)).
• Storm or fire damage in a horizontal property regime: a portion for which insurance is required under 27-31-240 and which is damaged or destroyed must be repaired or replaced promptly by the council of co-owners (27-31-250(A)), and the cost in excess of insurance proceeds and reserve must be considered a common expense (27-31-250(B)).

Download this checklist as text

Calling South Carolina contractors one by one, or one written scope?

Calling contractors one by one gets each one's own idea of the job. With one written scope, you describe it once, contractors bid in writing on that scope, and you choose who gets your number.

Property managers can post a rental job on InstaBids today.

How InstaBids works

Related answers on other pages

Sources

• South Carolina Code of Laws § 27-30-120, read 2026-10-29: www.scstatehouse.gov
• South Carolina Code of Laws § 33-31-822, read 2026-10-29: www.scstatehouse.gov
• South Carolina Code of Laws § 27-31-250, read 2026-10-29: www.scstatehouse.gov