Unenforceable HOA rules in South Carolina: Everything you need to know

In South Carolina, homeowners associations (HOAs) play an active role in shaping communities — from handling property upkeep to establishing architectural guidelines. Knowing the difference between enforceable and unenforceable HOA rules is vital for board members who want to follow state laws while also maintaining a positive living environment for homeowners.

This article is for general informational purposes only and does not constitute legal advice. Boards should consult qualified legal counsel and their property management partner before creating, modifying, or enforcing any rules or penalties.
 

What makes an HOA rule unenforceable in South Carolina?

An unenforceable HOA rule is one that goes against higher legal standards, conflicts with existing laws, or goes beyond the association’s authority as defined in its governing documents.

An HOA’s authority to set community guidelines comes from its governing documents — such as the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations — and must comply with both state and federal laws. In South Carolina, state laws like the South Carolina Homeowners Association Act, the SC Nonprofit Corporation Act, or the SC Horizontal Property Act typically form the legal framework that associations may need to follow (check your specific governing documents and consult legal counsel to confirm which statutes apply). Federal protections under the Fair Housing Act and other national legislation impose further limits on what HOAs can regulate. Rules that contradict state or federal law, discriminate against protected groups, or lack proper procedural backing are more likely to be considered unenforceable if challenged in court.
 

Examples of unenforceable HOA rules in South Carolina

Some HOA rules may be deemed unenforceable due to legal conflicts, improper implementation, or discrimination. Here are a few common examples:

• Improperly enacted rules: When associations adopt or amend rules and regulations, they must follow the steps specified in their governing documents. Ignoring required notice periods or votes can render rules unenforceable.
   
• Improperly enforced rules: Even if a rule is valid, it can become unenforceable if the HOA fails to follow its own procedures in issuing notices and assessing penalties. Inconsistent enforcement or selective application, such as ignoring certain violations in the community for years and then penalizing a single homeowner for that same infraction, can lead to challenges.
   
• Discriminatory rules: South Carolina associations must comply with the Fair Housing Act and other anti-discrimination statutes. Any policy limiting residency or property use based on race, religion, familial status, or other protected classes could be deemed invalid. Subtle forms of discrimination, such as rules effectively barring necessary service animals, also risk being unenforceable.
   
• Rules outside HOA authority: HOA rules cannot override local, state, or federal laws. For instance, an association typically cannot regulate vehicles parked on public streets outside of HOA property or impose rules that conflict with municipal codes.
   
• Outdated rules: Over time, legislative changes in South Carolina may affect an association’s recorded rules. For example, as state law evolves to address renewable energy or similar issues, older rules that completely ban solar panels may need to be revised or risk being unenforceable.

FirstService Residential provides expert guidance to South Carolina communities in creating and enforcing rules that are transparent and fair. Our team works closely with board members to understand each association’s specific needs and help develop enforceable HOA rules.
 

Examples of common enforceable HOA rules in South Carolina

Below are some of the more common rules that can be enforceable when they align with a community’s governing documents and relevant South Carolina statutes:

• Architectural guidelines: It’s common for HOAs to have a say in paint colors, fence styles, or landscaping. If the board follows the procedures in the CC&Rs (such as required notice periods and a homeowner feedback process), these guidelines are typically valid.
   
• Pet rules: Many associations place reasonable restrictions on pets — like leash requirements or prohibiting certain behaviors. These rules often stand unless they violate federal or state protections, such as those for service animals.
   
• Parking and vehicle guidelines: HOAs can often regulate how parking works in shared or private association-owned areas. As long as they don’t conflict with county or city rules, boards sometimes issue fines or warnings for improper parking in the community’s common spaces.
   
• Maintenance standards: Associations often require homeowners to consistently mow their lawns, refresh exterior paint, and perform regular upkeep to other visible features to maintain curb appeal. Well-established and consistently applied standards are more likely to be enforceable.
   
• Use of amenities and facilities: Whether it’s a neighborhood pool, clubhouse, or tennis courts, HOAs sometimes set reasonable rules about operating hours, guest access, and clean-up requirements.

Boards should always work with their association attorney and property management company to confirm that their policies comply with South Carolina law, are clearly recorded in the governing documents, and are applied consistently.
 

How to address unenforceable HOA rules in South Carolina

If you notice a rule that conflicts with state law or extends beyond the scope of your governing documents, open communication is often the best first step. Reviewing your association’s declaration and bylaws can reveal whether the HOA has the authority to regulate a particular issue. Official meeting minutes may also help you see if the rule was enacted properly.

If you find legal or procedural conflicts, raising the concern at an HOA board meeting or contacting board members respectfully can lead to a resolution. A well-informed board may decide to amend or remove an outdated or invalid rule after consulting its attorney. In many HOAs, boards are volunteer-led, and miscommunications or outdated policies can sometimes arise despite best intentions.
 

Questions about unenforceable HOA rules in South Carolina?

Staying informed about unenforceable HOA rules in South Carolina is essential for both homeowners and board members. While HOAs have authority to regulate communities, their rules must respect both state and federal legal protections. When HOA rules are clearly written and fairly enforced, homeowners are less likely to face disputes over arbitrary penalties or unclear guidelines.

FirstService Residential works with associations throughout South Carolina to simplify community governance, keep up with regulatory requirements, and maintain neighborhoods that residents can be proud of. If you’re seeking assistance in reviewing or updating your HOA rules, our team is here to help. Contact a member of our team today for professional support and expertise.