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State Summary
Got a South Carolina HOA fine? There is no statutory fine cap — your CC&Rs set the amount and the notice-and-hearing process. Know your rights with our free defense guide.
Governing Law: South Carolina Homeowners Association Act — SC Code §27-30-110 et seq.
Researched by Brandon Sorensen
South Carolina's HOA regulatory framework is governed primarily by the South Carolina Homeowners Association Act (SCHAA), codified in SC Code §27-30-110 et seq. Enacted in 2018, it was South Carolina's first comprehensive legislation regulating HOA governance, transparency, and homeowner rights.
Unlike Florida or Georgia, South Carolina does NOT impose a statutory cap on HOA fine amounts. Instead, fine limits are determined by your governing documents (CC&Rs). Note that, contrary to a common myth, South Carolina has no statewide ban on HOA foreclosure — an HOA can place a lien for unpaid assessments/fines and foreclose on it through the courts. Your real protections come from disputing the underlying debt and from holding the HOA to its governing documents' notice-and-hearing procedures.
South Carolina is experiencing rapid HOA growth, particularly around Charleston, Myrtle Beach, Greenville, and the Lowcountry. HOAs are widespread across the state, so understanding your rights under SC law is critical. This guide covers your rights, how to fight violations, lien limits, and the specific advantages South Carolina law provides to homeowners.
Max Fine
No statutory cap
Aggregate Cap
Per governing documents
Notice Period
Per governing documents
Hearing
Per governing documents (not set by statute)
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This page maps what the SCHAA requires of your board. Under §27-30-130, governing documents must be recorded in the county to be enforceable; §27-30-150 gives you access to the annual budget and membership list on five business days' notice; and §27-30-140 requires at least 48 hours' notice before a budget increase. It also covers the Department of Consumer Affairs' data-only role under §27-30-340 — it logs complaints but cannot investigate or arbitrate.
Read the full South Carolina HOA laws guide →South Carolina sets no statutory fine cap — your CC&Rs fix the maximum, and if they name no amount the HOA's fining authority is limited. Late fees and interest are likewise set by the documents, with no statutory ceiling. The page also clears up the foreclosure myth: §27-30-130 is a recording statute, the proposed ban (H.3180) died in committee in 2024, and an unpaid assessment lien can be foreclosed judicially.
Read the full South Carolina HOA fine-limits guide →South Carolina's fining process comes from your recorded CC&Rs, not the SCHAA, which sets no fine cap or notice-and-hearing procedure. This page walks the steps documents typically require: written notice, a ~30-day cure period, notice of intent to fine, an opportunity to be heard, and a written decision, with no independent hearing committee mandated. It also covers selective enforcement and why an unpaid fine can become a judicially foreclosable lien.
Read the full South Carolina dispute guide →Yes — South Carolina HOAs can foreclose. There is no statewide ban (§ 27-30-130 is a recording statute, not a foreclosure prohibition; the proposed ban, H.3180, died in committee in 2024). An HOA can place a lien for unpaid assessments and fines and foreclose on it judicially. Your defense is to dispute the underlying debt and the HOA's compliance with its governing documents — not to rely on a ban that does not exist.
No statutory cap exists. Fine limits are determined by your HOA's governing documents (CC&Rs). However, fines must still follow proper procedures: written notice, opportunity to be heard, and adherence to the rules in your CC&Rs. If your governing documents don't specify fine amounts, your HOA's fining authority is limited.
The SCHAA (§ 27-30-110 et seq.) requires HOAs to record all governing documents in the county where the property is located to be enforceable. It also set up a Department of Consumer Affairs data-collection role (the Department logs HOA complaints for an annual report but cannot investigate or arbitrate), requires 48-hour advance notice of budget increases (§ 27-30-140), and provides record-access rights. Note: the Act does NOT itself set a fine cap or a notice-and-hearing procedure for fines — those come from your governing documents.
Under SC Code § 27-30-150, you have the right to access and inspect your HOA's annual budget and membership lists. Documents must be provided upon request via email or other methods the HOA offers. Your HOA must also provide notice of any budget increases or special meetings. If they deny access, you can file a complaint with the Department of Consumer Affairs.
Explore detailed guides for specific violation types, including your rights, sample response letters, and appeal strategies.
Every state has different HOA rules. Compare South Carolina's with these high-traffic state guides, or see all 50 in the Max HOA Fine in Every State master table.
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Primary government sources, so you can read the law yourself rather than take our summary for it. Links checked 2026-08-12.