COLUMBIA, S.C. — The State Department of Consumer Affairs just released their yearly Homeowners Association complaint report.
In it, there are over 360 complaints filed against nearly 300 HOAs, or management companies in South Carolina.
The Department of Consumer Affairs said this was a 32% increase in the total number of complaints compared to 2022.
Local law firm partner Kathleen McDaniel explains these results are certainly reflective of what she's been seeing.
"My law firm does track all of the cases that come into our firm by the type of case and in 2023, we had 165 people ask our law firm for advice in regard to HOAs, so that's more than three folks a week calling our office with a problem with their HOA," McDaniel said.
McDaniel tells News19 she believes this trend is because of HOAs becoming more restrictive.
She adds that the restraint increase is likely because Richland County is seeing companies building so many subdivisions and people moving into these homes.
The SC Department of Consumer Affairs has been required to collect and present this data to lawmakers since 2018.
In this year's report, the top three issues raised were failure to enforce HOA rules, maintenance or repair concerns, and disagreement with HOA fees and special assessments.
This agency collects data for this report from complaint forms filled out through their website. After the complaint is filed, the agency can also help with mediation.
"During the voluntary mediation process, we send something out to the HOA, or their management group, and we may say here's the issues that this homeowner has had, this is the way they would like for it to be resolved, and sometimes through that process, the HOA, or their management company will look at those issues and they may decide the homeowner is right, or may be able to meet them in some other kind of common ground," said Scott Cooke, SC Department of Consumer Affairs communications director.
Cooke explains in this year's report, 67% of complaints were closed after resolution.
Both Cooke and McDaniel tell News19 it's important that homeowners read their restrictive covenants that their HOA provides before signing anything.
They also suggest being an active attendee of HOA board meetings, or volunteering to become an HOA board member.
Cooke explains if a concern or complaint is beyond resolution, the magistrate's court is also an option.
The agency is hosting a webinar with more homeowners tips Wednesday February 7, 2024 at 10:30 am ET. You can register by clicking here.
