South Carolina HOA Special Assessment Rules (2026)
S.C. Code Ann. § 27-31-10 (South Carolina Horizontal Property Act) · Last reviewed 2026
A special assessment is a one-time charge levied by an HOA board to cover an unexpected or deferred expense not covered by the operating budget or reserve fund. Below are the key rules that govern how South Carolina HOAs may levy special assessments and what rights homeowners have.
Key facts at a glance
Can levy without member vote
Board may levy special assessments as authorized by the declaration and bylaws; no statewide cap.
Not required by statute
Trigger: Only if required by the community's declaration or bylaws
10 days
Advance written notice to members before assessment levy
Available
Board may levy emergency assessments for imminent threats to property or safety without standard notice.
- Board authority to levy is set by the declaration and bylaws
- No statewide cap on special assessment amounts
- 10-day advance notice to members is standard
- Emergency assessments may bypass standard notice
- Disputes resolved per governing document procedures
South Carolina homeowners may challenge assessments at a board meeting or through the governing document dispute process.
Pending special assessments should be disclosed in resale packages. Coastal South Carolina communities face high insurance costs that can drive special assessments.
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Start 14-Day Free TrialThis page provides general legal information only — not legal advice. HOA special assessment laws vary by community type (planned community, condominium, cooperative, etc.) and are subject to change. The information on this page is based on statutes in effect as of 2026 and may not reflect recent legislative changes. Always consult a licensed HOA attorney and review your governing documents before taking action.