Homeowner Associations are governed by a chain of governing documents and laws.
  • The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
  • The recorded map or 'plat' defines each owner's title to property including the association's title to common areas. 
  • The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions. 
  • The Bylaws are the rules for management and administration. 
  • Resolutions are additional rules and regulations that the association may adopt. 
  • Federal Laws also apply.  Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, and the Fair Debt Collection Practices Act.
  • State Laws affecting homeowner associations are primarily contained in the following South Carolina Code of Laws:

    Property and Conveyances, General Provisions (SC ST SEC 27-1). Details rights of homeowners that supersede any restrictive covenants created by homeowner associations, including the right to fly the U.S. flag on home property.

    The Nonprofit Corporations Act (SC ST SEC 33-31). Outlines the general provisions regarding the creation and governance of nonprofit corporations, partnerships and associations.

    The Horizontal Property Act (SC ST SEC 27-31). Contains language specific to condominium owners, including the creation of a “council of co-owners” that constitutes a quorum for the adoption of decisions.

  • Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc. 

  • Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements.

Please check under Resources and Articles for a 2009 Legislative Summary.