Understanding South Carolina HOA Laws

0

HOA management companies in Myrtle Beach SC and HOAs in SC must comply with state and federal laws. For the people living in South Carolina, there are a few distinct laws that apply and there are unique laws based on the type of entity. Make sure you are aware of all the unique South Carolina laws that apply to you. In some cases, it can help you if you have been a victim of discrimination.

Federal & State HOA Laws

It is the responsibility of all of the members of an HOA board to be aware of the laws that apply to their HOA. Not being aware of these laws or completely ignoring these laws can put you at risk of receiving penalties. The penalty can be monetary or the penalty can be revoked privileges within the community. It is better to be aware of all of the applicable laws and comply with them to avoid the risk of liability. 

A majority of HOA boards know exactly how to comply with federal laws. This is because, in the United States, federal laws apply to HOAs uniformly, regardless of the HOA’s location within the country. The concern is that state laws can contrast wildly from state to state. There are even some states that completely lack legislation that can apply to homeowners associations. 

South Carolina HOA Laws For Homeowners Associations

The South Carolina Homeowners Association Act defines the different real estate and consumer entities and the various laws that apply to each entity. Contrary to other legal documents within the state, the South Carolina HOA act is not very pervasive. The entire act touches on a limited number of subjects which includes the implementation of an association’s documentation and the notice requirements for annual budget increases. The following two articles appear based on Title 27, Chapter 30 of the South Carolina Code, the SC Homeowners Association Act:

  • Article 1 – South Carolina Homeowners Association Act
  • Article 3 – Department of Consumer Affairs Services for Homeowners and Homeowners Associations

Other more specific laws apply to particular entities which are not disclosed in this section. 

Fair Housing Laws & Acts

Some of the most crucial South Carolina HOA laws to be aware of are the laws related to fair housing. According to South Carolina’s Fair Housing Law, it is forbidden to discriminate amongst residents on the basis of race, color, national origin, sex, religion, familial status, or disability. The terms and conditions are very similar to those present in the federal Fair Housing Act. Victims of discrimination can report these violations and abuse to the South Carolina Human Affairs Commission. 

Victims can also consider forwarding their complaints of the violations to the U.S. Department of Housing and Urban Development. Victims must file their complaints within a year after the discriminatory incident took place. Victims also have the option to file a private lawsuit in a federal district court against their violator. Victims pursuing a private lawsuit have a period of two years from the date of the incident to file the lawsuit with the federal district court.

Share.

About Author

Avatar

Leave A Reply