HOA disputes in South Carolina are increasing as more residents face unclear rules and costly legal battles with their associations. Lawmakers are now proposing new bills to improve oversight and encourage faster less expensive conflict resolution.
HOA Disputes in South Carolina Prompt Calls for Reform
As the state’s population grows, HOA disputes in South Carolina have become one of the top complaint categories for consumer agencies.
One Greenville homeowner, Michael Cassar, had a three-year dispute over a set of stairs with his HOA. He received initial approval to build steps from his deck to the sideyard, but the HOA later reversed that decision.
Despite showing that other neighbors had similar steps, his HOA ordered him to stop construction and cited restrictive bylaws. During the dispute, Cassar and the HOA spent tens of thousands of dollars in legal fees. He said the situation could have been avoided if a clear mediation process had existed according to the HOA’s rules.
AÂ new bill in the South Carolina legislature seeks to fix these issues and reduce future legal battles.
New Bill in South Carolina
The bill would require HOAs to offer internal dispute resolution options, including mediation. If mediation fails, disputes could move to a magistrate’s court instead of more expensive higher courts.
Legislators say this would save money and reduce tension between homeowners and HOA boards. The state is also looking at North Carolina and Georgia models, where stronger HOA regulations are already in place.
In North Carolina, clear statutes prevent many disputes from escalating by defining proper processes upfront. Other South Carolina bills under consideration include rules for open HOA meetings and financial transparency.
Proposals include the right to display certain flags and new disclosure requirements for HOA boards. Florida’s laws require board members to complete certification training, but South Carolina hasn’t adopted that yet.
After a three-year legal fight, Cassar’s HOA paid most of the costs after mediation settled the dispute. Permanent steps are still not allowed, but Cassar installed a removable metal set instead. He believes faster dispute resolution would help homeowners and HOAs avoid unnecessary conflicts in the future.
