North Carolina vs. South Carolina: HOA Document Rules Compared

Same Region, Different Rules

Charlotte and Rock Hill are 25 miles apart. One is in North Carolina, one is in South Carolina. A title company in Charlotte likely handles closings in both states daily. And the HOA document requirements for each? Entirely different legislative frameworks.

If you're a closer, agent, or lender working in the Carolinas, here's what you need to know about how the two states handle HOA documents — and where the differences can trip you up.

The Legal Foundation

North Carolina governs HOAs through the Planned Community Act (N.C. Gen. Stat. §47F) and condominiums through the North Carolina Condominium Act (N.C. Gen. Stat. §47C). The Planned Community Act is relatively detailed and was modeled after the Uniform Common Interest Ownership Act.

South Carolina regulates HOAs under the South Carolina Homeowners Association Act (S.C. Code §27-30-110 et seq.) and condominiums under the South Carolina Horizontal Property Act (S.C. Code §27-31). South Carolina's HOA statute is newer and less detailed than North Carolina's.

The key difference: North Carolina has more prescriptive requirements for what must be disclosed and how. South Carolina's framework is broader, leaving more to the governing documents of individual communities.

Resale Disclosure Requirements

North Carolina

Under the Planned Community Act (§47F-3-102), a seller must provide the buyer with a resale certificate containing:

• •Current regular and special assessments
• •Current reserve fund balance
• •Any pending capital expenditures approved by the board
• •Any unsatisfied judgments against the association
• •Insurance coverage summary
• •Current operating budget
• •Any violations against the property
• •Any pending lawsuits involving the association
• •Any outstanding balance owed by the seller

The association must deliver the resale certificate within 10 business days of the request.

For condos, the requirements are similar under the Condominium Act, with additional specifics about common element conditions and planned improvements.

South Carolina

South Carolina's HOA Act requires the association to provide certain disclosures, but the list is shorter and less specific:

• •Governing documents (CC&Rs, bylaws, rules)
• •Current assessment obligations
• •Financial information (budget, financial statements)
• •Insurance information
• •Any known pending litigation

The statute is less specific about delivery timelines. In practice, South Carolina management companies generally deliver within 10-15 business days, but there's no hard statutory deadline with enforcement teeth.

Fee Structures

North Carolina

North Carolina doesn't cap HOA document fees by statute. Management companies set their own rates. Typical costs:

• •Resale certificate: $150-$350
• •Full resale package (with governing documents): $250-$500
• •Rush delivery: $100-$250 additional
• •Estoppel/payoff letter: $100-$250

Fees in the Charlotte, Raleigh-Durham, and Wilmington markets tend to be on the higher end due to volume and demand.

South Carolina

Similarly, no statutory fee caps in South Carolina. Costs tend to run slightly lower than North Carolina:

• •Resale disclosure: $100-$300
• •Full document package: $200-$400
• •Rush fees: $75-$200 additional
• •Estoppel/payoff letter: $100-$200

The Charleston and Greenville-Spartanburg markets are where you'll see the highest fees. Hilton Head and Myrtle Beach resort communities can push higher due to the complexity of resort-style HOAs.

Who Pays

North Carolina: Custom varies by region. In the Charlotte area, the seller typically pays for resale documents. In the Triangle (Raleigh-Durham), it's more commonly negotiated. The standard North Carolina Association of Realtors contract addresses this but leaves room for negotiation.

South Carolina: The seller generally provides disclosure documents. The South Carolina Association of Realtors contract specifies the seller's obligation to provide HOA documents, but the allocation of costs is negotiable.

In cross-border transactions (common in the Charlotte metro area), make sure you're applying the right state's customs and contract forms.

Condo-Specific Differences

North Carolina condos fall under the Condominium Act, which requires more detailed disclosures than the Planned Community Act. Additional requirements include:

• •Common element condition reports
• •Reserve study (if one exists)
• •Insurance coverage details including deductibles
• •Percentage of units delinquent on assessments

South Carolina condos are governed by the Horizontal Property Act, which is one of the older condo statutes in the country and is less detailed than many modern counterparts. The disclosure requirements are more general, and the statute doesn't mandate a reserve study.

If you're financing a condo purchase in either state, the lender's requirements (Fannie Mae/Freddie Mac condo questionnaire) will likely exceed the state's statutory minimums.

Attorney Involvement

Here's a notable practical difference:

North Carolina is an attorney-closing state. A licensed attorney must supervise the closing and provide the title opinion. This means the attorney's office typically handles HOA document ordering and review as part of their closing services.

South Carolina is also an attorney-closing state. Same structure — an attorney supervises the closing and title examination.

In both states, the attorney's involvement provides an additional layer of review for HOA documents. But it also means that HOA document issues are filtered through the attorney's office, which can either speed up resolution (experienced real estate attorney) or slow it down (overwhelmed general practice attorney).

Practical Tips for Cross-Border Closers

Know which state you're in. Sounds obvious, but in metro areas that straddle the border (Charlotte, Augusta), it's easy to apply the wrong state's rules reflexively.

Use the right contract forms. The NC and SC Realtor associations have different standard contracts with different HOA provisions. Don't mix them.

Account for timing differences. North Carolina's 10-business-day delivery requirement gives you a harder deadline. South Carolina's more flexible timeline means you should order earlier to account for potential delays.

Verify management company coverage. Some management companies operate in both Carolinas but use different portals or procedures for each state. Confirm the ordering process for the specific state.

Budget for differences. If you're preparing a net sheet or cost estimate, use the correct state's typical fees. A North Carolina estimate applied to a South Carolina closing (or vice versa) will be inaccurate.

The Bottom Line

North Carolina and South Carolina are close geographically but distinct legally. North Carolina's HOA framework is more detailed and prescriptive. South Carolina's is broader and leaves more to individual association governance.

For closers working in both states, the key is awareness. Know which rules apply, use the correct contract forms, and don't assume one state's customs translate to the other. The 20 miles between Charlotte and Fort Mill might as well be 2,000 when it comes to HOA document law.