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South Carolina HOA Attorney

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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Find Out How Much
Your Case Is Worth

Confidential consultation. We'll review your CC&Rs before you spend a dollar.

Schedule a Consult - Landing Page

We may already represent a party adverse to you. Do not disclose confidential information before a formal engagement is established.

Verdicts & Settlements
Homeowners, Not HOAs
SC HOA Act Litigation
Aggressive HOA Lawyers
Fight Discriminatory HOAs
Millions $ Recovered
Winning Track Record
Strategic & Innovative
Consistent & Reliable
Do You Have a Case?

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
What Are Your Legal Options?

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.

Demand Letter
A strategic legal demand resolves many HOA disputes before filing suit, quickly and cost-effectively.
Board Hearing & Internal Appeal
Most declarations give you a right to notice and a hearing before the board. Handled properly, that record becomes the backbone of your case.
Mediation & Arbitration
Some declarations require mediation or arbitration before suit, and South Carolina courts order mediation in most circuit court cases. We use it strategically.
Civil Litigation
When HOAs refuse to act, we take them to court. Smaller money disputes can also be heard in South Carolina magistrates court.
Why Lubin Pham + Caplin

5 Reasons That Set Us Apart

01
Real Results
Our verdicts and settlements speak for themselves, with more than $23M recovered for homeowner clients.
02
Smarter Strategy
Strategy and technology win the battle, not firm size or legacy. We out-maneuver HOA defense counsel.
03
Hands-On Partners
Our partners personally work your case from day one, not just the initial pitch meeting.
04
Your Goals First
We fight for your definition of success: repairs, compensation, or accountability. We align with you.
05
Honest Opinions
You'll get the truth, even if we're not the right firm for your case. No hard sell. No games.
Before You Spend a Dollar Your CC&Rs may already require the HOA to pay your legal fees if you win. South Carolina follows the American Rule, but most recorded declarations contain a prevailing-party clause. It can run both ways. We read yours first, at no cost.
Have Us Read Your CC&Rs →
Our Attorneys

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.

Bill Idleman
Bill Idleman
Partner
CA & SC
Michael Lubin
Michael Lubin
Partner
CA
Namson Pham
Namson Pham
Partner
CA
Nicholas Caplin
Nicholas Caplin
Partner
CA
JC Chimoures
JC Chimoures
Partner
CA
Brock Kaminski
Brock Kaminski
Partner
AZ
Kyle Mott
Kyle Mott
Partner
WA
Tim Appelbaum
Tim Appelbaum
Associate
CA & OR
Divya Bhavsar
Divya Bhavsar
Senior Associate
CA
Audra Bolen
Audra Bolen
Associate
AZ
James Broberg
James Broberg
Associate
CA
Paul Deese
Paul Deese
Senior Trial Counsel
CA
Elaine Ding
Elaine Ding
Senior Associate
CA
Ramy Galal
Ramy Galal
Senior Associate
CA
Ysabel Mullarky
Ysabel Mullarky
Associate Attorney
WA
Han Sir
Han Sir
Associate
CA & OR
Marcelo Torres
Marcelo Torres
Associate
CA
Celine Toubia
Celine Toubia
Associate
CA
Caroline Witherspoon
Caroline Witherspoon
Associate
WA
Zachary Wagonis
Zachary Wagonis
Attorney
CA
Ready to Fight Back?

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-HOA

Available 24/7 · Confidential · South Carolina Statewide

Schedule a Consult - Landing Page

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.