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If your HOA is unresponsive to written communication, the first thing you want to do is take every action to contact the directors by phone. If you get no answers, find out if they are holding a meeting and attend it. If they still don't address your concern, you might need to seek legal advice.
The CC&Rs set out the rules of the HOA community. They describe the requirements and limitations of what you can do with your property. The goal of the CC&Rs is to protect, preserve, and enhance property values in the community. The bylaws, on the other hand, govern how the HOA operates.
However, in South Carolina, an HOA or COA does have the power to foreclose when homeowners fail to pay their dues. An HOA or COA can even foreclose for unpaid fines and fees that may owed due to violations of HOA or COA's rules and regulations.
Yes, you can generally sue your HOA in small claims court if the dispute is for $10,000 or less. It is quite common to take dispute resolution to the small claims court of your state. You will have to pay filing fees and may need to represent yourself, though some attorneys will represent you for a fee.
Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities in the state of South Carolina. South Carolina Homeowners Association Act, S.C. Code Ann. § 27-30-110, et.
Here are six ways to effectively fight with your homeowners, co-op or condo association:Know the rules. You should have read all the government documents, including the rules and regulations, before you closed on your purchase.Respond in writing.Don't argue the rule.Know the penalties.
Got a complaint about your HOA or community management? File it here. You can also email scdca@scconsumer.gov or call 803-734-4200 or toll-free in South Carolina: 1-800-922-1594 for more information.
ContentsKnow Rules and Bylaws.Expect the Best from Your HOA.Communicate With Other Members.Stay Involved.Get Approval Before You Make Changes.Run for a Position on the Board.Pay Your Dues on Time.If You're Fined, Accept It and Pay.More items...
(A)(1) Except as otherwise provided in this section, in order to be enforceable, a homeowners association's governing documents must be recorded in the clerk of court's, Register of Mesne Conveyance (RMC), or register of deeds office in the county where the property is located.
You are not breaking the law per se when you don't adhere to the HOA rules or pay your HOA fees. Failure to do either of those, however, can still result in serious consequences e.g, fines, prohibitions on using the community facilities, and, ultimately, the establishment of liens on your home.