Wednesday June 11, 2025
What is South Carolina property management?
South Carolina property management is the professional oversight of residential, commercial, and mixed-use properties such as homeowners associations (HOAs), condominiums, lifestyle communities, and high-rises in compliance with state laws and each community’s governing documents.
This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
Typical South Carolina HOA laws
There are several South Carolina HOA laws focusing on the rights and responsibilities of boards and homeowners:- South Carolina Homeowners Association Act: This act sets out general requirements for HOAs, including rules around notice of meetings, access to records, budget transparency, and assessments.
- South Carolina Nonprofit Corporation Act: Since most HOAs are set up as nonprofit corporations, this law outlines governance standards like board duties, voting rights, and procedures for amending bylaws.
- South Carolina Fair Housing Law: Fair housing laws prevent HOAs from enacting or enforcing rules that discriminate based on protected classes such as race, color, religion, sex, familial status, or national origin. It aligns closely with federal Fair Housing regulations.
Tenant rights and responsibilities
Tenants in South Carolina have the right to a safe, habitable dwelling and the responsibility to pay rent and comply with lease terms. The South Carolina Residential Landlord and Tenant Act governs many rental agreements in the state.Key tenant rights include:
- The right to a rental unit that meets basic health and safety standards
- The right to privacy, including proper notice before entry by the landlord
- The right to have their security deposit returned within 30 days after the tenancy ends and possession is delivered, along with a written, itemized list of any lawful deductions
- Protection from unlawful eviction (landlords must go through court proceedings and avoid “self-help” eviction actions like changing locks or shutting off utilities)
- Paying rent on time as specified in the lease
- Keeping the unit clean and free from hazards
- Not damaging the property beyond normal wear and tear
- Informing the landlord about maintenance issues in a timely manner
The role of governing documents in HOAs
While state laws provide a basic legal framework, each HOA is also guided by its own governing documents, typically including the declaration (or CC&Rs), bylaws, rules and regulations, and articles of incorporation. These documents often address architectural standards, pet policies, noise restrictions, and parking rules.South Carolina property management laws require that these governing documents be followed consistently and transparently. Boards that ignore or selectively enforce them risk legal disputes and community dissatisfaction. Professional property managers can play a vital role in helping boards interpret and apply their governing documents in alignment with state law. Avoiding unenforceable HOA rules is key to a healthy community.
Property manager responsibilities in South Carolina
Key responsibilities of a property manager can include:- Administrative support: Scheduling board meetings, preparing agendas and minutes, and maintaining records.
- Vendor coordination: Managing vendor contracts, supervising their performance, and handling routine maintenance.
- Financial management: Assisting with budgeting, reviewing financial statements, and supporting dues collection.
- Resident communication: Addressing questions and concerns, sending updates, and acting as a liaison between residents and the board. At FirstService Residential, our 24/7 Customer Care team offers consistent, round-the-clock support to help residents get answers when they need them.
- Governance support: Helping enforce community rules, supporting architectural review processes, and advising board members on compliance matters.
- Technology: Leveraging tools that streamline communication and operations. Our FirstService Residential Connect™ platform gives residents and board members access to important documents, payments, updates, and service requests, all in one place.
Property manager license requirements in South Carolina
To obtain a South Carolina Property Manager License, you’ll need to meet the following criteria:- Be at least 18 years old
- Possess a high school diploma or equivalent
- Complete a 30-hour course in property management fundamentals
- Pass the South Carolina property manager exam
- Apply for the license within one year of passing the exam
- Complete seven hours of continuing education courses every two years to keep your license active
Common South Carolina HOA rules
HOA rules in South Carolina often cover exterior maintenance, noise levels, parking, and the use of common areas. These rules are usually outlined in the community’s governing documents.South Carolina property management laws typically allow HOAs to impose fines for rule violations, provided these fines are authorized in the governing documents and communicated clearly to residents. Disputes over fines or violations are generally resolved through the HOA's internal processes.
HOAs are required to act in accordance with their own rules and the state laws that govern them. Transparency in enforcement and consistent application of rules are key to reducing conflict and potential legal exposure.
How state law impacts self-managed communities
South Carolina property management laws apply whether a board hires a management company or handles responsibilities themselves. Self-managed associations are still required to comply with state statutes, including proper financial reporting, meeting transparency, and fair rule enforcement.Because board members are typically volunteers balancing full-time careers and personal responsibilities, many find it challenging to stay updated on evolving legal requirements. Partnering with a property management company can help reduce this risk and free up board members to focus on strategic decisions rather than day-to-day compliance issues.