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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (SC Homeowners Association Act)
Most South Carolina HOAs are governed by their recorded declaration and bylaws under the South Carolina Homeowners Association Act (S.C. Code Ann. §§ 27-30-110 et seq.), which generally does not prescribe a statutory percentage for amending the declaration. As a result, the owner-approval threshold to amend is usually whatever the recorded declaration itself specifies, and that document controls. To be enforceable, the declaration, bylaws, and any amendments generally must be recorded in the county clerk of court, Register of Mesne Conveyance (RMC), or register of deeds office where the property is located (§ 27-30-130).
Condominiums (SC Horizontal Property Act)
Condominium (horizontal property) regimes are organized under the South Carolina Horizontal Property Act (S.C. Code Ann. §§ 27-31-10 et seq.) through a recorded master deed. Changes to the percentage interests owners hold in the common elements generally cannot be made without the acquiescence of all co-owners (§ 27-31-60), while co-owners representing two-thirds of the property's value may generally modify the system of administration (§ 27-31-160). Either way, the master deed's own amendment terms typically apply, and any modification generally must be recorded in the same office as the master deed.
How the vote can run
Because most South Carolina associations are incorporated as nonprofit corporations, the South Carolina Nonprofit Corporation Act generally lets owners act by written or electronic ballot without a meeting unless the articles or bylaws prohibit it (S.C. Code Ann. § 33-31-708). Ballot solicitations generally must state the number of responses needed for a quorum, the approval percentage required, and the deadline to return the ballot. Proxy voting is also generally permitted unless the governing documents limit it (§ 33-31-724).
Before we quote
South Carolina details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful South Carolina vote has to answer.
The HOA Act generally sets no fixed percentage to amend the declaration, so the recorded declaration's own amendment clause usually controls the required vote.
Declarations, master deeds, bylaws, and amendments generally must be recorded in the county clerk of court, RMC, or register of deeds office to be enforceable (§ 27-30-130).
For condominiums, altering owners' percentage interests in the common elements generally requires the acquiescence of all co-owners (§ 27-31-60).
For condominiums, co-owners representing two-thirds of the property's value may generally modify the system of administration, recorded like the master deed (§ 27-31-160).
Written and electronic ballots are generally authorized for nonprofit associations unless the articles or bylaws prohibit them (§ 33-31-708).
Ballot solicitations generally must state the quorum count needed, the approval percentage required, and the return deadline (§ 33-31-708).
Proxy voting is generally allowed unless the governing documents limit it, and proxy appointments carry statutory time limits (§ 33-31-724).
No state agency approves declaration amendments; they generally take effect on recording, though a declaration or secondary-market rules may add mortgagee-consent steps.
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