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

Informational only. Not legal advice. Always confirm against current statute and counsel.

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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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Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.

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FAQ

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Get Your Free Condo Risk Report

Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.

Expert Matching

Need a real estate lawyer or mortgage specialist?

We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.

  • HOA lawyer
  • Mortgage broker
  • Insurance broker