Thank you for you response.
Under SC law, for a developer to form an HOA they must submit Covenants, Codes & Restrictions (CC&R) to the recorder of deeds to be recorded with the subdivision map. Then to register a HOA, they must file an application with the SC Division of Consumer Affairs (see: SC Statute 25-52-140).
Also, under HOA laws, they have to give you a right to appeal any levy of fines for alleged violations. Thus, when they cite someone for an alleged violation, which they have the right to do if it has been legally formed, the owner cited has a right to file an appeal to the board of the HOA to appeal the violation and if the board denies the appeal, then the owner has a right to go to court to file suit against the HOA and prove that there was no such violation that occurred that the HOA is trying to charge them for and get a declaratory judgment ruling to get the fine dismissed.
If the HOA was legitimately formed, then even if it did not exist when you made the purchase of the homes, they do have a right to cite people for violations and pursue them to make them pay I am afraid if they prove the violation did occur.
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