South Carolina Homeowners: Rise Against Injustice
Your HOA has an army of lawyers. You deserve an HOA attorney who fights back. We're homeowners' attorneys, experienced in covenant, common-area and real estate litigation across South Carolina. Many recorded declarations let a prevailing homeowner recover legal fees. We'll read yours at no cost.
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Confidential consultation. We'll review your CC&Rs before you spend a dollar.
We may already represent a party adverse to you. Do not disclose confidential information before a formal engagement is established.
If You're Experiencing This, You Have Rights
South Carolina law, including the Homeowners Association Act (S.C. Code § 27-30-110 et seq.) and your community's recorded declaration, gives homeowners real leverage against HOA misconduct. Whether your legal fees are recoverable usually turns on what your CC&Rs say. We'll tell you before you spend anything.
Common Examples
- Roof damage left unrepaired
- Exterior and siding deterioration
- Failure to paint common areas
- Termite tenting / abatement failures
- Neglected pools, courts & clubhouses
Your Rights
- The declaration controls what the HOA must maintain
- Failure to maintain supports a breach of covenant claim
- Damage caused by deferred maintenance is recoverable
- A prevailing-party clause may shift your fees to the HOA
Common Examples
- Architectural & design disputes
- Unlawful pet or rental restrictions
- ADU / short-term rental blockages
- Solar panel denials or restrictions
Your Rights
- SC courts read restrictive covenants as contracts
- Ambiguities favor the free use of your property
- Unrecorded rules may be unenforceable against you
Common Examples
- Failure to investigate homeowner complaints
- Violations of notice & hearing requirements
- Excessive, retaliatory fines
- Nightmare neighbor situations
Your Rights
- The federal Fair Housing Act and SC Fair Housing Law apply
- Discrimination based on protected class is illegal
- Fines imposed without proper notice can be challenged
Common Examples
- Refusal to repair patios & balconies
- Unresolved common area plumbing leaks
- Foundation & slope damage ignored
- Shared-wall disputes
Your Rights
- Your declaration decides who maintains what
- Condos follow the SC Horizontal Property Act
- Property damage from neglect is recoverable
Common Examples
- Board members given preferential treatment
- Rules enforced only against certain owners
- Harassment masked as rule enforcement
Your Rights
- Covenants must be enforced reasonably and consistently
- Inconsistent enforcement can bar the HOA from enforcing
- Waiver and estoppel are available defenses
Common Examples
- Misuse or theft of HOA reserve funds
- Improper vendor/contractor selection
- Self-dealing board members
- Decisions that diminish property values
Your Rights
- Most SC HOAs are nonprofit corporations with director duties
- Self-dealing can create personal liability for board members
- Owners can sue to recover misspent association funds
Common Examples
- Governing documents never recorded with the county
- Rules enforced that were never properly adopted
- Refusal to produce budgets, minutes or financials
- Budget increases voted without required notice
Your Rights
- Documents must be recorded to be enforceable (§ 27-30-130)
- At least 48 hours' notice before a budget-increase vote
- Owners are entitled to access association records
- Smaller money disputes can go to magistrates court
Common Examples
- Failure to follow the SC Homeowners Association Act
- Property damage from HOA inaction
- Misuse of HOA funds
Your Rights
- HOA owes a duty of care to homeowners
- Negligence resulting in damages is actionable
- Punitive damages possible for willful or reckless conduct
Common Examples
- Roof damage left unrepaired
- Exterior and siding deterioration
- Failure to paint common areas
- Termite tenting / abatement failures
- Neglected pools, courts & clubhouses
Your Rights
- The declaration controls what the HOA must maintain
- Failure to maintain supports a breach of covenant claim
- Damage caused by deferred maintenance is recoverable
- A prevailing-party clause may shift your fees to the HOA
Common Examples
- Architectural & design disputes
- Unlawful pet or rental restrictions
- ADU / short-term rental blockages
- Solar panel denials or restrictions
Your Rights
- SC courts read restrictive covenants as contracts
- Ambiguities favor the free use of your property
- Unrecorded rules may be unenforceable against you
Common Examples
- Failure to investigate homeowner complaints
- Violations of notice & hearing requirements
- Excessive, retaliatory fines
- Nightmare neighbor situations
Your Rights
- The federal Fair Housing Act and SC Fair Housing Law apply
- Discrimination based on protected class is illegal
- Fines imposed without proper notice can be challenged
Common Examples
- Refusal to repair patios & balconies
- Unresolved common area plumbing leaks
- Foundation & slope damage ignored
- Shared-wall disputes
Your Rights
- Your declaration decides who maintains what
- Condos follow the SC Horizontal Property Act
- Property damage from neglect is recoverable
Common Examples
- Board members given preferential treatment
- Rules enforced only against certain owners
- Harassment masked as rule enforcement
Your Rights
- Covenants must be enforced reasonably and consistently
- Inconsistent enforcement can bar the HOA from enforcing
- Waiver and estoppel are available defenses
Common Examples
- Misuse or theft of HOA reserve funds
- Improper vendor/contractor selection
- Self-dealing board members
- Decisions that diminish property values
Your Rights
- Most SC HOAs are nonprofit corporations with director duties
- Self-dealing can create personal liability for board members
- Owners can sue to recover misspent association funds
Common Examples
- Governing documents never recorded with the county
- Rules enforced that were never properly adopted
- Refusal to produce budgets, minutes or financials
- Budget increases voted without required notice
Your Rights
- Documents must be recorded to be enforceable (§ 27-30-130)
- At least 48 hours' notice before a budget-increase vote
- Owners are entitled to access association records
- Smaller money disputes can go to magistrates court
Common Examples
- Failure to follow the SC Homeowners Association Act
- Property damage from HOA inaction
- Misuse of HOA funds
Your Rights
- HOA owes a duty of care to homeowners
- Negligence resulting in damages is actionable
- Punitive damages possible for willful or reckless conduct
We Choose the Smartest Path to Win
You need an attorney who knows how to choose the smartest legal path. We guide you through the pros and cons of each to reach your objective.
5 Reasons That Set Us Apart
The Team Your HOA Doesn't Want Against Them
South Carolina matters are led by our South Carolina-admitted counsel, backed by a full-service team of trial lawyers and real estate litigators. Each attorney's bar admissions are listed on their profile.
Find Out if Your HOA Owes You.
Schedule a confidential consultation today. We'll review your governing documents and tell you straight whether your fees are recoverable.
1-877-4-BAD-HOAAvailable 24/7 · Confidential · South Carolina Statewide
We may already represent a party adverse to you. Do not disclose confidential information before a formal engagement is established.
This website, and its contents, conveys general information about Lubin Pham + Caplin LLP. It should not be relied upon as legal advice. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. Lubin Pham + Caplin LLP does not sponsor, endorse, verify, or warrant the accuracy of the information found at external sites or subsequent links.