South Carolina guide
South Carolina condo document review
South Carolina condo document review operates under the Horizontal Property Act (S.C. Code Title 27, Chapter 31) — one of the older U.S.
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condo statutes. The Act requires a building-condition report only at initial conversion (§27-31-430), with no comparable resale-disclosure regime. For resale buyers, the statutory floor is genuinely minimal: master insurance under §27-31-240, records access under §27-31-180, and assessment-lien mechanics under §27-31-210. Everything else lives in the declaration and what the contract forces the seller to deliver.
The Horizontal Property Act floor
§27-31-240 requires the council of co-owners to insure the property against risks. §27-31-180 requires boards to keep detailed financial books and make them available to co-owners on working days. §27-31-210 creates the statutory assessment lien (junior to first mortgages — see lien topic). §27-31-430 requires a building-condition report at initial condo conversion. That is the substantive statutory framework for condo resales — surprisingly minimal compared with most populous condo states.
Initial conversion vs. resale
The conversion disclosure under §27-31-430 — a licensed architect or engineer's report on physical condition, remaining useful life of common elements, and code violations — applies only at the moment a rental building is converted to condo ownership. A buyer in a 1990s-built condo from a unit owner receives no statutorily-required conversion disclosure. Resale transactions live entirely under contract.
What to request beyond the statutory minimum
Declaration and amendments, bylaws, current rules, current operating budget, recent year-end financials, current reserve balance and any voluntary reserve study, master policy declarations page and exclusions endorsement, recent claim history, board minutes for 18+ months, statement of unpaid assessments for the unit, and an explicit litigation summary. None of this is automatic — make it contractual.
Coastal-specific items
For coastal buildings, add the SCWHUA placement status, all-perils carrier identity (if separate from wind coverage), flood coverage status on common elements, and post-storm assessment history over the last 10 years. South Carolina's coastal market increasingly operates with split wind/all-perils policies — both deserve review.
South Carolina legal references
- S.C. Code Title 27, Chapter 31 — Horizontal Property Act
- §27-31-180 — Records access
- §27-31-240 — Required master insurance
- §27-31-430 — Conversion disclosure (architect/engineer report)
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these South Carolina statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a South Carolina specialist →Reviewer's checklist
- Confirm whether the property was recently converted from rental (triggers §27-31-430 report)
- Request the declaration, amendments, bylaws, and current rules
- Request the master policy declarations page and exclusions endorsement
- Confirm master insurance compliance under §27-31-240
- Verify records access compliance under §27-31-180
- Request the current operating budget and recent financials
- Request any voluntary reserve study and current reserve balance
- Request 18+ months of board meeting minutes
- Request an explicit litigation summary (not statutorily disclosed)
- For coastal: confirm SCWHUA placement and flood coverage status
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HOA document review
An HOA document review reads the full association document set — declaration or deed restrictions, CC&Rs, bylaws, resale or disclosure certificate, current budget, audited financials, meeting minutes, and any enforcement history — and surfaces the items that actually affect your ownership cost, your usage rights, and your exposure to surprise assessments.
Reserve studies
A reserve study tells you what the association expects to spend on long-term capital repairs and replacements, and whether it is funding those obligations adequately.
Insurance risk
The association's master insurance policy determines what your personal HO-6 policy needs to cover — and what it does not.
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