Homeowners associations (HOAs), property owners’ associations (POAs), and community service associations (CSAs) play vital roles in managing and maintaining planned communities or horizontal property regimes. However, with such responsibility comes the potential for disputes and challenges that may require outside assistance to effectively resolve.
According to South Carolina law, an HOA is an entity developed to manage and maintain a planned community or property regime, wherein owners are obligated to pay assessments for various expenses related to common elements. Successfully managing a large group of tenants and properties can pose significant challenges, often necessitating legal guidance.
When encountering negligent or harmful conditions on a property or within a neighborhood, it’s crucial to address these concerns with the relevant associations. Community associations, property owners, and occupants have a duty to keep properties reasonably safe and conduct regular inspections for potential hazards.
Recent data from the South Carolina Department of Consumer Affairs (SCDCA) sheds light on the prevalence of HOA-related complaints. In 2023, Horry County accounted for the highest percentage of complaints, followed by Richland and Charleston counties. The most common issues raised included failure to adhere to covenants and bylaws, concerns regarding maintenance and repairs, and disputes over HOA fees and special assessments.
The South Carolina Department of Labor, Licensing, and Regulation governs HOAs in the state, and complaints can be filed with the South Carolina Homeowners Association Ombudsman at the SCDCA. Upon receiving a complaint, the department ensures that it is forwarded to the relevant parties for response.
A 2023 survey conducted by Rocket Mortgage revealed that over half (57%) of homeowners with an HOA expressed dissatisfaction with the arrangement, with many feeling that their HOA wielded too much power. However, HOAs have the authority to create and enforce regulations as long as they comply with state and federal laws, and they must disclose these regulations to homeowners before property purchase.
In the event of a dispute, it’s advisable to first attempt to resolve conflicts with the HOA through calm and effective communication. If direct communication fails, alternative dispute resolution methods such as mediation and arbitration can offer quicker and more cost-effective solutions than litigation.
The Floyd Law Firm PC recognizes the challenges faced by HOAs, POAs, and CSAs and remains committed to providing comprehensive legal support. Whether it’s association formation, daily operations, mediation, or dispute resolution – our firm is dedicated to helping associations effectively handle issues while safeguarding the legal rights of residents and homeowners. We understand the importance of maintaining a balance between the responsibilities of associations and the needs of the community. Our client-centered approach to the law ensures that we work collaboratively to develop solutions that may benefit all parties involved.
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