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DCA webinar: How South Carolina—s HOA laws work, how to get records and where to go for help

Department of Consumer Affairs · March 7, 2024
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Department of Consumer Affairs enforcement attorney Zach Passmore summarized three legal frameworks that can govern HOAs in South Carolina, explained filing and inspection requirements, clarified the department—s limited enforcement role and described how homeowners can seek records, mediation or court remedies.

Zach Passmore, an enforcement attorney at the Department of Consumer Affairs, outlined what homeowners and condo owners need to know about HOA law in South Carolina during a department webinar.

Passmore said three separate bodies of law can apply depending on how an association is organized: the South Carolina Homeowners Association Act, the South Carolina Nonprofit Corporation Act and the South Carolina Horizontal Property Act. "There—s generally two buckets of information that a homeowners association can look to," he said, pointing to state law and the association—s governing documents.

Why it matters: those different laws determine whether members can inspect records, how meetings and votes must be noticed, and which court handles disputes. Passmore emphasized that governing documents—the declaration, master deed and bylaws—often set day-to-day rules on…

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