HOA Law Reform

On February 18, 2026 S.C. State Rep. Jay Kilmartin introduced a bill in the South Carolina House of Representatives that could be the start of reform of South Carolina HOA laws.

Several months ago I got acquainted with Rep. Kilmartin (R - Lexington) and introduced him to Patrick Johansen, founder of the HOA Leaders Reform National Group (HLRNG). On Wednesday Rep. Kilmartin introduced H 5204, which can be read here.

As you may already know, South Carolina laws are very weak in the area of rights of a HOA Member  (homeowner). The South Carolina Department of Consumer Affairs has virtually no authority over HOAs. This Bill, if passed into law would change that. 

The reason it has so little authority is the state legislature. Currently, when you make a complaint to the Department of Consumer Affairs, all they do is receive it, write a letter to the HOA, receive a reply, file it, and close the complaint. The Department cannot force the HOA to follow the CC&Rs or By-Laws.

I have personal experience with the Department. They are very nice folks. And they were of no help to me.

When CAMS replied on behalf of The Summit's HOA, the answers weren't even 100% truthful, but the Department could do nothing about it.

I invite you to learn about and join the HRLNG. It's free. Help them grow. Visit its Facebook group and also its website. On the homepage of its website, read the Proposed Legislations [sic]. The website is here. Click on that or go directly to https://www.hoareformleaders.com/

H 5204 needs a lot of support to move forward. Call your S.C. State Rep and ask him to co-sponsor this Bill. Contact every State Rep you know and make the same request. 

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