Community guidelines: Examples, tips, and more

What are community guidelines in South Carolina?

Community guidelines are rules and standards created by a homeowners association (HOA) or condominium board to help maintain the appearance, safety, and overall quality of life within a residential community.

These guidelines typically cover areas such as property maintenance, noise levels, parking, pets, renovations, and shared amenities, and residents are expected to follow them as part of living in the community.
 

Examples of community guidelines in South Carolina

Common examples of community guidelines in South Carolina include:

• Architectural approval: Rules requiring homeowners to get approval before changing exterior paint, fences, roofs, doors, windows, mailboxes, sheds, patios, or other visible features.
   
• Parking rules: Rules limiting street parking, guest parking, overnight parking, commercial vehicles, trailers, boats, RVs, or inoperable vehicles.
   
• Pet rules: Rules covering leashes, pet waste, nuisance behavior, breed or size restrictions, the number of pets, and use of common areas, with accommodations to account for ESA laws in South Carolina.
   
• Landscaping standards: Rules requiring lawns, shrubs, trees, flower beds, weeds, and exterior landscaping to be maintained.
   
• Trash container rules: Rules explaining when bins may be placed at the curb, when they must be removed, and where they must be stored.
   
• Noise rules: Rules setting quiet hours and limiting music, parties, barking dogs, construction noise, or other disturbances.
   
• Amenity rules: Rules for pools, clubhouses, fitness rooms, courts, playgrounds, walking trails, gates, and other shared amenities.
   
• Common area rules: Rules for use, maintenance, repair, replacement, or modification of association common areas.
   
• Rental restrictions: Rules requiring owners to provide tenants with community guidelines, follow lease registration procedures, or remain responsible for tenant and guest violations.
   
• Exterior maintenance rules: Rules requiring homes, driveways, sidewalks, fences, roofs, and visible exterior areas to be kept clean and in good repair.
   
• Sign rules: Rules limiting the size, number, timing, and placement of signs, subject to applicable law.
   
• Satellite dish and antenna rules: Rules cannot impair the installation, maintenance, or use of covered antennas in areas where the resident has ownership or exclusive use rights, subject to the FCC’s OTARD rule.
   
• HOA fee payment rules: Rules explaining when assessments are due, how they are paid, what happens if they become delinquent, and how collection notices are handled.
   
• Violation and fine rules: Rules explaining how the association sends notices, offers hearings, imposes reasonable fines, and documents enforcement decisions.

How to create community guidelines

1. Start with your governing documents

   Before creating community guidelines in South Carolina, review the declaration, bylaws, articles, plats, and any existing rules. Board members need to understand what authority they already have and where limits exist. A rule that sounds practical may still create problems if it conflicts with the declaration or goes beyond the board’s authority.
    

2. Focus on common community problems

   The best community guidelines solve real issues, not hypothetical ones. Start with common resident concerns about things like parking, trash storage, or amenity misuse. This keeps the rules practical and helps homeowners see that the board is responding to community needs.
    

3. Keep the language simple

   Residents are more likely to follow community guidelines in South Carolina when they can understand them quickly. Avoid long legal language, vague phrases, and rules that require too much interpretation. Spell out what is allowed, what is prohibited, what approval is required, and who to contact with questions before work or activity begins.
    

4. Make rules reasonable and specific

   Rules should be clear enough to enforce but flexible enough to work in real life. For example, a landscaping rule should explain the expected condition, not just say yards must look “nice.”
    

5. Check state and federal limits

   Some topics involve protections outside the HOA’s governing documents. Before adopting a rule that restricts those areas, the board should work with qualified counsel so the final rule is lawful and enforceable.
    

6. Communicate before adopting major changes

   Residents are more likely to accept new rules when they understand why the board is considering them. Explain the issue, the proposed rule, and how it would affect owners, tenants, and guests. Even when owner approval is not required, communication can reduce frustration and help the board improve the language.

Community guideline enforcement tips

Community guidelines in South Carolina work best when residents understand and trust the process.

1. Explain the “why” behind rules: Residents are more likely to comply when they understand why rules exist. Clearly explain the rule, the reason it was created, and how it protects or benefits the community.
    
2. Use a transparent enforcement process: Residents should know what happens when a rule is violated. Outline each step clearly, including notices, response deadlines, possible fines, hearing opportunities, and when issues may be escalated.
    
3. Enforce rules consistently and fairly: Follow through on enforcement so residents understand that rules matter. Apply policies consistently, while allowing room to consider exceptions or emergencies with guidance from your property management company or legal counsel.
    
4. Lead by example and keep policies current: Board members must follow the same rules as residents to avoid claims of favoritism. Review policies regularly with legal and management partners, update outdated rules, and clearly communicate any changes.

A fair, clear approach helps keep the community running smoothly.
 

South Carolina HOA laws your association should know

South Carolina Homeowners Association Act

The South Carolina Homeowners Association Act is one of the main laws that shapes how HOAs operate. At its core, it sets clear rules for three things: keeping accurate records, sharing timely notices, and giving people access to important documents. These rules exist to protect your community and keep everyone informed.

The South Carolina Homeowners Association Act requires HOA boards to communicate clearly and transparently with both current members and prospective buyers. Current members must be kept informed about matters affecting their community, and prospective buyers should have access to the information they need to understand the community and its governing obligations before making a purchase.

The act also established a complaint-intake and reporting process through the South Carolina Department of Consumer Affairs, giving residents and board members an official place to file complaints and report concerns about HOA matters. This provision is part of the law's broader focus on transparency and accountability.

 

South Carolina Horizontal Property Act

The South Carolina Horizontal Property Act includes a lot of stipulations regarding the formation and management of “horizontal property regimes,” which basically means condos.

Note that there are also several important amendments associated with this law, including some notable insurance provisions. Though not HOA-focused in the strictest sense, this law does have major implications for condominium associations.
 

South Carolina Nonprofit Corporation Act of 1994

The South Carolina Nonprofit Corporation Act provides some legal parameters for creating and structuring a nonprofit organization. Most HOAs are incorporated as nonprofits, making this law very germane.
 

South Carolina Fair Housing Law

The South Carolina Fair Housing Law functions as a state-level mirror of the federal Fair Housing Act (FHA), which prohibits housing discrimination on the basis of things like race, color, sex, national origin, religion, familial status, or handicap. It’s exceedingly important for HOAs to know and comply with this law.
 

South Carolina Consumer Protection Code

This law protects citizens against certain debt collection practices that are abusive, manipulative, or dishonest. HOA dues and assessments are not automatically covered by this statute in every case, because the statute’s debt-collection provisions are tied to debts arising from consumer credit transactions, not every obligation a homeowner may owe.

We recommend reviewing the terms of this law with qualified legal counsel before pursuing collections or going after delinquencies in your HOA community (S.C. Code Ann. § 37-1-101, et seq.).
 

S.C. Code Ann. § 23-13-15

Simply put, this law authorizes local sheriffs to pay a deputy to patrol HOA communities, if paid for by the HOA itself (S.C. Code Ann. § 23-13-15).
 

S.C. Code Ann. § 27-1-60

Under this law, associations may not restrict owners from displaying one portable, removable United States flag. Of course, this is provided the owner displays the flag in compliance with 36 U.S.C. §§ 171-178.
 

S.C. Code Ann. § 33-31-1601

A corporation shall keep permanent records of member and board meetings and appropriate accounting records (S.C. Code Ann. § 33-31-1601).
 

S.C. Code Ann. § 33-31-1620

A member may obtain the corporation’s latest annual financial statements upon written demand, including a balance sheet and statement of operations for that fiscal year (S.C. Code Ann. § 33-31-1620).
 

South Carolina Uniform Act Regulating Traffic to Private Roads

The purpose of this law is to enable the enforcement of traffic laws on private roads, including those that might run through an HOA community (and technically qualify as property of the HOA) (S.C. Code Ann. § 56-5-6310-6350).

Want to learn more? Read our in-depth article, 'A guide to South Carolina property management laws.' Pro tip: As important as it is to understand and adhere to these HOA regulations, it is equally important to always keep them in mind when creating rules for your HOA or community association.

Learn about unenforceable HOA rules in our guide, 'Unenforceable HOA rules in South Carolina: Everything you need to know'
 

Acts prohibited by debt collectors

South Carolina residents are protected by the federal Fair Debt Collection Practices Act, which prohibits debt collectors from using unfair or misleading tactics to collect debts. Debt collectors can call, send letters, and in some cases, contact you privately through social media for overdue debts. If you don't pay, they can sue you.
 

Bill of Rights for Handicapped Persons

The state’s Bill of Rights for Handicapped Persons offers protection to persons with physical or mental impairments from discrimination in places of public accommodations, public services, and housing. It is similar to the federal Americans with Disabilities Act.
 

Fair Housing Laws

Under the federal Fair Housing Act, housing discrimination victims can submit a complaint to the U.S. Department of Housing and Urban Development (HUD). Complaints must be filed within a year from the date of the act of housing discrimination. Alternatively, victims can also choose to file a private lawsuit within two years of the act in the federal district court.

The state’s Fair Housing Law protects certain classes of people from housing discrimination. According to this law, housing providers, including community associations, cannot discriminate against people based on their race, color, national origin, sex, religion, familial status, or handicap. In many ways, this law functions similarly to the federal Fair Housing Act.
 

Learn about acts related to nonprofit corporations

The South Carolina Nonprofit Corporation Act, found under Chapter 31, Title 33 of the South Carolina Code, applies to nonprofit corporations in the state. The provisions of this Act relate more to the corporate structure and procedure of nonprofits.

On the other hand, condo associations can be arranged as not-for-profit corporations or for-profit corporations. These associations also have the option to remain as unincorporated nonprofit associations. It is worth noting that for-profit corporations, including condo associations that incorporate as such, must follow the state’s Business Corporation Act.
 

Does your HOA need help navigating South Carolina HOA laws and regulations?

Understanding the different South Carolina HOA regulations that apply to your association can come as a challenge. Considering the importance of abiding by these laws, though, all associations must make an effort to remain informed. If your HOA board finds it difficult, perhaps it is time to outsource the job to a trusted HOA management company.

As North America’s leading property management company, FirstService Residential serves South Carolina HOAs with local expertise backed by national resources. Our teams support board members with meetings, recordkeeping, financial management, resident communication, and 24/7 customer care. This way, board members can focus on long-term goals instead of day-to-day administration.

Contact a member of our team today to learn more about how we can serve your community.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.