What Buyers Should Know About HOAs Before Buying a Home

If you have been living on the Grand Strand for a while, or even if you’ve just started looking into new homes in the area, you may have noticed that homeowners associations ( or HOAs) are extremely common. On the surface, HOAs can seem like a bonus. They promote well-kept lawns, clean pool area, and shared amenities that add value to your community. However, what many buyers don’t realize is that joining an HOA is more than just paying monthly dues. It’s entering into a legal agreement that can impact how you live, what you can do with your property, and even how you sell it in the future.

Before you sign any legal contracts for your new home, here’s what you need to know about HOAs and the law.

What is an HOA?

A homeowners association is a governing body created to manage and maintain a neighborhood or community. When you buy property within an HOA, you automatically become a member. This isn’t optional. Membership and its obligations are legally binding and outlined in the community’s Covenants, Conditions, and Restrictions (CC&Rs). These are be as strict as not being allowed to park your boat in your driveway or paint your front door a non-HOA-approved color.

These CC&Rs act like a contract between you and the community. They cover everything from financial obligations to lifestyle rules, and once you sign, you’re required to follow them.

What HOAs Can Control

HOAs have broad authority over how a community looks and operates. Depending on the neighborhood, they may have different rules. For example, if your community offers a clubhouse for all residence, they can control who uses it and when, as well as requiring ID to use such amenities to ensure they are only being used by the owners within the community. However, there are other, or abstract rules that may apply such as:

• Collecting mandatory fees or dues, often monthly, quarterly, or annually.
• Imposing special assessments to cover unexpected expenses, such as major repairs, road repairs, or replacements to amenities.
• Setting rules on property appearance, including paint colors, landscaping, and even mailbox styles.
• Restricting the parking of boats, RVs, or extra vehicles in driveways — and yes, this can include commercial or work vehicles.
• Limiting rental activity, particularly short-term rentals like Airbnb or VRBO.
• Enforcing community policies with fines, liens, or other legal action for unpaid dues.

To understand the full list of what your HOA can control, it’s best to refer to your personal HOAs bylaws and regulations. Not even HOA has the same bylaws, and understanding your rights and what you have control over may vary depending on the neighborhood.

Protect Yourself Before You Buy

The best protection against a surprise letter from your HOA is preparation. Here are a few legal steps to take before you sign:

1. Review the HOA Documents Carefully. Don’t skim the CC&Rs. Read them thoroughly to understand the rules, fees, and restrictions.
2. Ask About Fees and Assessments. Find out how much dues cost and whether any special assessments are planned. Your property manager offers an online service as well to answer any additional questions you may not see answered in your assessment.
3. Understand Enforcement Powers. Know what happens if you miss a payment or break a rule. There are some leeway in terms of late fees, but depending on the HOA, some can have drastic consequences. This includes placing liens on your property.
4. Check for Rental or Resale Restrictions. If you plan to rent your home or sell in the future, restrictions could affect your options.
5. Consult with a Real Estate Attorney. HOA documents are legal contracts full of fine print. An attorney can review them with you and flag potential issues before you’re locked in.

Why Legal Guidance Matters

In South Carolina, real estate transactions must involve an attorney, but when it comes to buying in an HOA-governed community, having that legal review is especially important. What looks like a minor rule today could become a major headache tomorrow if it doesn’t fit your lifestyle or financial plans.

Speaking with a professional attorney at Grand Strand Law Group can help break down any questions you may have before signing your new deed or lease, including explaining restrictions within the neighborhood.

Grand Strand Law Group Understands HOAs

Buying a home is an exciting step, especially in a place as beautiful as Myrtle Beach. However, don’t let HOA rules and restrictions catch you off guard. Understanding the legal obligations upfront will help you make an informed decision and protect your investment.

If you’re starting your homebuying journey, buying property, or just shopping around, contact Grand Strand Law Group today. We are here to make sure you understand the importance of protecting your home and make the buying process as smooth as possible. Give us a call at 843.492.5422. Learn about how we can help with buying property now or in the future.