Can HOA enter your home without permission? What SC law says you can do & what it can’t
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Whether you like them or not, Home Owner Associations are the keepers of the rules in communities and neighborhoods.
And more often than not, a homeowner may find themselves dealing with their HOA and those rules.
But what are the rules for HOAs, especially when it comes to being on your property or entering your home without permission?
South Carolina law dictates what authority an HOA has when it comes to private homes and what happens if it oversteps its power.
The same goes for a property manager, who may be in charge of a condo or apartment that may not have an HOA.
There is no law in South Carolina that authorizes an association to gain access to a homeowner’s property.
But that doesn’t mean they can’t do it. It all depends on what documents or agreements you signed before you moved into the HOA community.
When can an HOA enter your home or property?
An HOA’s authority to enter a homeowner’s property is based on documents signed or agreed to by a person who purchases a property in a neighborhood governed by an association. Those include covenant, restrictions, bylaws and community rules that have been set by the HOA.
These documents, by law, are usually considered a binding contract between the HOA and property owner. Some of those documents, however, can include a clause that allows the homeowners association to enter a person’s home or property when there is an emergency or repairs or maintenance is needed in shared places.
But in most cases, an HOA will usually get a homeowner’s consent or give a homeowner notice, usually 24 hours or several days, if they have to enter the property for a non-emergency.
South Carolina does have a Homeowner’s Association Act, which outlines rules and regulations when it comes to a homeowners association. It does not include details about when or if an HOA can enter your property.
What rights do renters have?
The rules change for a property manager of a condo or apartment that is not in an HOA.
South Carolina’s Residential Landlord and Tenant Act is detailed when it comes to what can or can’t be done.
A landlord can enter a rental property without the tenant’s permission, and without the tenant present. However, it can only be in certain situations and a notice must be given.
That includes emergencies, for regularly scheduled services and to provide repairs the tenant requested.
A landlord cannot enter a property without advance notice, except in an emergency. An emergency, by law, includes such things as when approaching weather conditions may threaten to damage the rental property.
What can be done if an HOA enters home without permission?
If an HOA enters a homeowner’s property without notice or consent, the association could face legal action, according to Legalclarity.org.
That could be anywhere from a lawsuit filed, to civil proceedings, to a person being arrested for trespassing or other property crimes.
State law says that a person can be charged with trespassing if they enter a home, place of business or the premises of another person after having been warned not to do so, or without warning, the person fails or refuses to leave immediately when asked.
The person could face a fine of $200 or be imprisoned for not more than 30 days if convicted.
In 2023, Horry County made the most HOA complaints in South Carolina with about 123 complaints against HOAs, according to a South Carolina Department of Consumer Affairs report.
The most common complaints are HOAs not enforcing their bylaws, concerns about maintenance and disagreement with fees or special assessments.
What power does an HOA have?
An HOA in South Carolina is allowed to collect regular assessments to cover maintenance and it has the power to impose fines for violations or unpaid dues.
They may also enforce rules and regulations that have been established, such as cutting your grass or what color your house can be.
Homeowners cannot be evicted by an HOA. But if your property has a tenant, the HOA could be allowed to evict that person.
