For homeowners throughout Horry County and the Grand Strand, homeowners association rules are an everyday part of residential life. From architectural restrictions and landscaping requirements to parking, pets, rentals, assessments, and community standards, HOA governing documents can have a significant impact on how homeowners use and maintain their property.
Proposed legislation in South Carolina could change how certain HOA governing documents, rules, regulations, and amendments are treated and recorded.
Senate Bill 903 (S. 903) passed the South Carolina Senate by a unanimous 39–0 vote in April 2026 and was sent to the House of Representatives. As of August 2026, the bill remains in the House Labor, Commerce and Industry Committee. It has not yet become law, so homeowners and associations should not treat the proposed changes as current requirements.
What Would S. 903 Change?
Among other changes, S. 903 would broaden the statutory definition of HOA “governing documents” to include declarations, master deeds, bylaws, rules, regulations, and amendments to those documents.
The proposal would also modify recording requirements. Under the legislation as passed by the Senate, governing documents would be subject to recording requirements in the county where the property is located. The bill also addresses how governing documents may be recorded and provides a procedure for incorporating them by reference into a properly recorded instrument.
These changes could make the distinction between an HOA’s foundational documents and its day-to-day rules particularly important.
For homeowners, the practical question may be simple: If an HOA tells you that a particular rule applies to your property, where did that rule come from, how was it adopted, and was it properly recorded?
For HOA boards, the questions may be equally important: Was the rule properly adopted? Was proper notice provided? Is it consistent with the association’s governing documents? Has it been properly recorded and made available to homeowners?
What Is the Difference Between Covenants, Bylaws, and Rules?
HOA communities typically operate under several layers of governing documents.
A declaration or covenant establishes the basic restrictions, obligations, easements, and rights associated with the community and individual properties. Bylaws generally address how the association itself is organized and governed, including matters such as boards, meetings, elections, and association procedures.
Rules and regulations generally address more specific matters affecting the day-to-day operation of the community.
Understanding the difference matters because an HOA cannot necessarily treat every rule or restriction in the same manner. The source of the authority, the manner in which the provision was adopted, and applicable recording and notice requirements can all affect whether a particular restriction is enforceable.
Why Recording Matters
South Carolina’s existing Homeowners Association Act already addresses the recording and enforceability of HOA governing documents.
Under current law, an HOA’s governing documents generally must be recorded in the appropriate county land records to be enforceable. Current law also addresses the recording and accessibility of HOA rules, regulations, and amendments.
For homeowners, this means that the public land records can be an important resource when questions arise about the restrictions affecting a particular property.
This can be particularly significant in Horry County, where decades of residential and resort development have resulted in a large number of planned communities, subdivisions, condominium developments, and other properties governed by community associations.
Notice and Transparency Are Important
HOA rules can affect a homeowner’s property rights and daily life. A new restriction involving parking, leasing, landscaping, pets, exterior improvements, or other property use can have real consequences.
Current South Carolina law requires associations to make rules and regulations accessible to members under specified circumstances and provides notice requirements for certain association actions, including meetings involving increases to an annual budget.
If S. 903 becomes law, boards and homeowners will need to pay close attention to any additional recording requirements that take effect.
For associations, maintaining accurate records of board actions, adopted rules, amendments, notices, and recordings can help prevent future disputes. For homeowners, keeping copies of the governing documents that apply to their property can be equally valuable.
What Should HOA Boards Do?
Even while S. 903 remains pending, HOA boards can take practical steps to make sure their communities are operating properly.
Boards should maintain organized copies of their declarations, bylaws, rules, regulations, amendments, meeting records, and other important association documents. Before adopting a new rule or changing an existing restriction, boards should review the association’s governing documents to confirm that the board has the authority to make the change and that the proper procedures are followed.
Boards should also carefully document how and when rules are adopted, provide required notice to homeowners, make applicable rules accessible to members, and determine whether a document must be recorded in the county land records.
Taking these steps can help reduce misunderstandings and costly disputes later.
What Should Homeowners Do?
Homeowners who receive a violation notice or are told that a particular restriction applies to their property should not assume that the rule is either valid or invalid without reviewing the governing documents and circumstances involved.
A homeowner may want to determine whether the restriction appears in the recorded declaration or other governing documents, whether the rule was properly adopted, whether appropriate notice was provided, and whether the applicable document was properly recorded.
In some situations, reviewing the county’s public land records may provide important information about the history of the restrictions affecting a property.
HOA Disputes Can Become Complicated
Disputes between homeowners and associations can involve much more than a disagreement over a particular rule. Questions may arise concerning assessments, collections, architectural restrictions, property maintenance, leasing restrictions, interpretation of covenants, board authority, contracts, or whether a particular rule was properly adopted and recorded.
South Carolina’s Homeowners Association Act provides a statutory framework for certain HOA matters, while an association’s own declaration, bylaws, and other governing documents may create additional rights and responsibilities.
When disagreements cannot be resolved informally, legal guidance can help homeowners and association boards understand their rights and responsibilities and determine the best path forward.
Community Association Attorneys Serving Horry County and the Grand Strand
At The Floyd Law Firm PC, we understand the responsibilities and challenges faced by homeowners associations, property owners associations, community service associations, homeowners, and property owners.
Our attorneys assist community associations with matters including dispute resolution, collections, drafting and reviewing documents, agreements and contracts, interpretation of governing documents, and litigation when necessary.
We also assist homeowners who have questions or concerns about their rights and responsibilities within an HOA-governed community.
With the continued growth of residential communities throughout Surfside Beach, Myrtle Beach, Conway, and throughout Horry County, understanding the rules governing your community has never been more important.
Senate Bill 903 remains proposed legislation and could change as it moves through the General Assembly. Homeowners and association boards should continue to follow the law currently in effect while monitoring the legislation for future developments.
If you have questions about an HOA restriction, governing document, assessment, rule, or dispute, The Floyd Law Firm PC is here to help you understand your rights and responsibilities and work toward a practical solution.
