• The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
• The recorded map or 'plat' defines each owner's title to property including the association's title to common areas. 
• The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions. 
• The Bylaws are the rules for management and administration. 
• Resolutions are additional rules and regulations that the association may adopt. 
• Federal Laws also apply.  Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, and the Fair Debt Collection Practices Act.
• State Laws affecting homeowner associations are primarily contained in the following South Carolina Code of Laws:

  Property and Conveyances, General Provisions (SC ST SEC 27-1). Details rights of homeowners that supersede any restrictive covenants created by homeowner associations, including the right to fly the U.S. flag on home property.

  The Nonprofit Corporations Act (SC ST SEC 33-31). Outlines the general provisions regarding the creation and governance of nonprofit corporations, partnerships and associations.

  The Horizontal Property Act (SC ST SEC 27-31). Contains language specific to condominium owners, including the creation of a “council of co-owners” that constitutes a quorum for the adoption of decisions.

• Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc. 

• Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements.

Current Proposed Legislation:

Currently, there is only one pending bill before the South Carolina Legislature.  The Bill is titled, Senate Bill 1283, to enact The South Carolina Homeowners’ Association Act.

The bill was referred to a Senate subcommittee on April 21 of this year. If passed, it will be added to Title 27 of the 1976 Code, and will take effect June 1, 2009.

Some of the rules and regulations that may have the most impact on current South Carolina homeowner associations:

• Homeowners' associations must first receive a certificate of registration from the South Carolina Department of Consumer Affairs.
• Guidelines on when and how members are to be notified of HOA meetings.
• Requirement that all meetings of the board of directors, including any subcommittee or other committee thereof, be open to all members of record.
• Requirement that all HOAs maintain and preserve in their offices complete and accurate books, accounts, and records to determine if the association is complying with the provisions of this pending law. This includes the minutes of all meetings, a current roster of members and all insurance policies, contracts and bids.
• How and when assessments and fines can be collected from members, and under what circumstances an HOA may file suit or take other action against a homeowner.