Frequently Asked Questions
Your Rights. Your Power. Your Action Plan.
FAQ
1. Can my HOA fine me without warning?
No. Under most governing documents and state laws, you are entitled to notice and an opportunity to be heard before any fine is imposed. If your HOA skips this step, it’s a violation of due process.
Reference: SCNPA §33-31-1602 (Right to inspect records and demand accountability); HOA governing documents typically require notice and hearing.
2. What is selective enforcement, and why is it illegal?
Selective enforcement happens when an HOA applies rules to some owners but ignores violations by others—often friends or allies. This is unlawful and can be grounds for legal action.
Reference: Equal enforcement is a fundamental principle in HOA law; SCNPA §33-31-830 (Duty of good faith).
3. Can my HOA refuse to show financial records?
Absolutely not. Under SCNPA §33-31-1602, members have the right to inspect financial records. If your HOA refuses, they are breaking the law. Submit a written request and escalate if ignored.
4. What should I do if my HOA ignores my emails and calls?
Silence is a tactic they will use to squelch your complaints and accomplish nothing. Keep all records of your attempts to communicate. Then send a formal written demand citing your rights under SCNPA. If they still refuse, consider mediation or legal action.
Reference: SCNPA §33-31-1602 (Access to records).
5. Can my HOA increase dues without explanation?
They can raise dues within the limits of your governing documents, but they must provide a budget and justification. If costs rise without improvements or transparency, demand financial statements and meeting minutes.
Reference: SCNPA §33-31-830 (Duty of good faith and accountability).
6. What if my HOA fines me for something that isn’t mine?
Challenge it immediately. See HOA Survival Guide for more…
Reference: HOA governing documents and SCNPA principles of fairness.
7. Can my HOA ban me from meetings?
No. Homeowners have the right to attend meetings unless your governing documents state otherwise. Excluding you for asking questions is retaliation—and it’s unlawful.
Reference: SCNPA §33-31-1602 (Access to records and governance transparency).
8. What if my HOA signed away authority to a management company?
Boards cannot delegate all authority. They are still legally responsible for decisions. If they claim “the management company handles that,” remind them they are accountable under SCNPA.
Reference: SCNPA §33-31-830 (Board fiduciary duty).
9. How do I fight back against election interference?
Demand transparency in the voting process. See HOA Survival Guide for more…
Reference: HOA bylaws and SCNPA principles of fair governance.
10. Can my HOA accuse me of being threatening for asking questions?
They can claim it, but without evidence, it’s a scare tactic. False accusations are often used to silence homeowners—don’t give them the chance to claim this.
Reference: Retaliation violates SCNPA principles of good faith.