South Carolina · Chapter HPA
Horizontal Property Act (S.C. Code §§ 27-31-10 to 27-31-440) — Plain-English Summary
Every section of this body of law translated into plain English for South Carolina board members and homeowners.
General provisions
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§27-31-10
Names this chapter the Horizontal Property Act. South Carolina condominiums (horizontal property regimes) live here. Subdivision HOAs do not — they live unde…
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§27-31-100
The recorded master deed must describe the land and buildings, each apartment, general and limited common elements, the basic values and percentages, the reg…
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§27-31-110
A sealed surveyor's map and an architect's or engineer's certified floor plans must be recorded with the master deed, showing apartment dimensions and the co…
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§27-31-120
Each apartment is designated by letter or number on the plans. A deed that uses that designation plus 'in Horizontal Property Regime' is a sufficient descrip…
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§27-31-130
All co-owners (or the sole owner) may waive the regime and merge apartment records back into the principal property, with creditor consent if apartments are …
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§27-31-140
Waiving a regime does not bar reconstituting the property as a horizontal property regime later, if this chapter is followed.
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§27-31-150
Whether incorporated or not, the regime is administered under bylaws that must be inserted in or appended to, and recorded with, the master deed or lease.
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§27-31-160
Bylaws must cover the form of administration (administrator, board, or otherwise), how co-owners are called to assemble, that a majority of at least 51 perce…
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§27-31-170
Each co-owner must follow the bylaws, rules, and the master-deed covenants. Failure is grounds for a civil action for damages or an injunction, brought by th…
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§27-31-180
The administrator or board must keep a chronological book of receipts and expenditures, including common-element maintenance. The book and the vouchers behin…
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§27-31-190
Co-owners contribute pro rata by the §27-31-60 percentages toward administration, maintenance and repair of common elements, and any other expense lawfully a…
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§27-31-20
Defines apartment, building, condominium ownership, co-owner, council of co-owners, general and limited common elements, majority of co-owners (51 percent or…
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§27-31-200
On sale, unpaid common-expense assessments come out of the price ahead of other charges except past-due tax assessments and payments due under a recorded mor…
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§27-31-210
Unpaid common-expense assessments are a lien on the apartment, junior only to tax liens and recorded mortgages. The board may foreclose it like a mortgage, c…
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§27-31-220
A buyer (other than a mortgage-foreclosure purchaser) is jointly and severally liable with the seller for amounts the seller owed under §27-31-190 up to conv…
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§27-31-230
After the master deed is recorded, liens attach to individual apartments and their percentages, not the whole property. A contractor hired by one owner canno…
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§27-31-240
The council of co-owners must insure the property against risks, without prejudice to each owner's right to insure the apartment separately.
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§27-31-250
Damaged insured property must be repaired promptly unless repair is illegal or 80 percent of the co-owners (including the owner of an apartment that would no…
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§27-31-260
If there is no insurance or the indemnity is short, rebuilding costs are paid by the co-owners directly affected, in proportion to apartment value (or as the…
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§27-31-270
State, local, and district taxes are assessed against each apartment as a separate parcel, not against the building as a whole. Paying the apartment's taxes …
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§27-31-280
The council has an irrevocable right, exercised by the administrator or board, to enter each apartment at reasonable hours to maintain, repair, or replace co…
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§27-31-290
Each co-owner's liability for common expenses is limited to the amounts assessed from time to time under this chapter, the master deed or lease, and the bylaws.
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§27-31-30
A horizontal property regime exists when the owner records a master deed or lease that includes the particulars in §27-31-100. Property may be submitted befo…
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§27-31-300
This chapter does not impair, alter, or revise a horizontal-property or condominium contract entered into before June 6, 1967.
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§27-31-40
Once the property is under the regime, each apartment may be sold, mortgaged, and owned as if it were independent real estate. Titles are recordable.
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§27-31-50
An apartment may be owned by more than one person as tenants in common or in any other tenancy South Carolina recognizes.
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§27-31-60
Each owner has exclusive ownership of the apartment and an undivided share of the common elements equal to a percentage of basic value stated when the regime…
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§27-31-70
General and limited common elements stay undivided. No one may sue to partition them. A covenant to the contrary is void.
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§27-31-80
Each co-owner may use the common elements for their intended purpose without hindering the others.
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§27-31-90
The council of co-owners may incorporate under South Carolina law to administer the regime. If it does, each owner's stock percentage equals that owner's sha…
Conversion of rental units
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§27-31-410
Conversion means establishing a horizontal property regime on a preexisting building that was occupied as a residence before the master deed was recorded, ot…
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§27-31-420
Within 30 days after recording the master deed the owner must give each tenant in possession the §27-31-430 disclosure, written notice of the conversion, and…
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§27-31-430
Within 30 days of recording, the converter must give every prospective purchaser (including tenants in possession) an independent South Carolina architect's …
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§27-31-440
Recording a master deed and giving the notices does not force the owner to finish the conversion if presale requirements cannot be met or the owner no longer…
Frequently asked about Chapter HPA
- What is South Carolina Chapter HPA?
- South Carolina Chapter HPA — the Horizontal Property Act (S.C. Code §§ 27-31-10 to 27-31-440) — is the body of law that governs how every South Carolina condo is structured, operated, and held accountable. It covers governance, voting, records, assessments, fining, and most of the day-to-day legal questions a board will face.
- How many sections are in Chapter HPA?
- Chapter HPA contains 34 sections in this reference. Each is summarized in plain English on its own page, with links to the official text at scstatehouse.gov.
- Is the summary on this site legal advice?
- No. These pages are plain-English summaries prepared by SoShiny for board members and managers. For binding legal advice or interpretation of how a section applies to your specific situation, consult a South Carolina-licensed attorney.
- How often does South Carolina Chapter HPA change?
- The South Carolina General Assembly can amend any chapter in any session. We update these summaries when we re-import the official text — see the 'Last updated' date on each section page.
- Does SoShiny enforce Chapter HPA for me?
- No software 'enforces' a statute — but SoShiny is built around it. Voting, meeting minutes, records access, fining workflow, and audit trails are designed to meet this body of law's requirements out of the box, so the board can demonstrate good-faith compliance if challenged.
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