American Homeowners’ Associations (HOA) formed in the mid-1960s with the purpose of managing and maintaining communities and the homes within those communities. HOA bylaws can place limitations on what homeowners can do with their property, from everything from an overgrowth of weeds to painting their house their favorite shade of fuchsia.
Ostensibly, HOAs protect property values by promoting an attractive and well-maintained community. However, their powerful reach has gone beyond what some states feel comfortable with, causing them to enact laws to keep them in check and accountable. One of these states is South Carolina, which passed new legislation that began in 2019. These new HOA laws can help homeowners in many ways - as can contacting a South Carolina HOA lawyer at Hayes Law. To find out how these laws benefit you, read on.
Accessible Governing Documents
Under the new laws, there should be no more guesswork about what rules you must abide by and what happens if you don’t pay your quarterly assessments. According to the Carolina Homeowners Association Act, all governing documents for a homeowner’s association must be recorded in the public registry of the county where the property is located. Additionally, these documents must be accessible to homeowners either by publicly posting them in a conspicuous place, by email, or via their website.
Notice and Opportunity with Dues Increases
If your HOA is not governed by the South Carolina Nonprofit Corporation Act, it must provide you with a 48-hour notice before any meetings aimed at increasing dues. On the other hand, if your HOA is governed by this act, it must give homeowners access to inspect and a copy of the homeowner association’s annual budget and homeowner’s membership list.
Increased Oversight and a Place to Formally File Complaints
Under the new HOA law, homeowners can now lodge formal complaints with the Department of Consumer Affairs either by phone or in writing. The Department then has the responsibility of gathering information about the complaint. Although the Department can not act on these complaints, they will compile a report of all complaints in the previous year by January 31st of each year. This information will be used to determine other HOA laws that are necessary.
Disclosure of the HOA
Finally, if you are in the market for a new home, a seller must disclose the presence of the HOA within the community just as they would other information about the property. This way, homeowners are aware that they are walking into when they buy a home, and there are no surprises. When you purchase a home that is part of an HOA, you are inherently expected to abide by their existing rules and regulations, including paying your dues. Potential future homeowners have the right to know what they are walking into.
Protecting Your Rights
If you believe that your HOA is overstepping its authority or treating you unfairly, you should take steps to protect your rights. The first thing that you should do is document all interactions with your HOA. If possible, do not communicate with HOA board members verbally, and keep all texts and emails relevant to your issue. In addition, you should contact an attorney as soon as you realize that a dispute may be on the horizon. It’s important to remember that simply contacting an attorney does not mean that you are going to resort to litigation; in many cases, the assistance of an experienced lawyer can help you reach a mutually amenable compromise or settlement to a dispute that does not sour your relationship with your neighbors and the HOA itself.
Unfortunately, in some cases, litigation is the only way to resolve a dispute with your HOA. Because the HOA is a legal entity, you can file a lawsuit against it enforce your rights as a homeowner. If you are considering suing your HOA, it’s critical that you consult with an attorney familiar with HOA law and who has experience representing homeowners involved in disputes.
Hire an Experienced South Carolina HOA Lawyer Today
All HOAs in South Carolina must adhere to these laws. If your HOA is treating you unfairly or not in compliance with the law, it is time to reach out for assistance and hold them accountable. Get the legal help you need by scheduling a case evaluation with Hayes Law today. Call (843) 805-7003 today or contact us online.