Residents of the Ocean Walk development in Surfside Beach 
weren’t happy with their new developer and management company.
According
 to residents, the developer didn’t seem to care that there were 
problems with the swimming pool and a waterfall at the entrance or that 
yards were eroding into ponds. They called the management company but 
couldn’t get any answers there.
Then they were told their homeowner association dues were going up by $105 a month, and that was the proverbial last straw. 
Though
 eventually they came to a solution, the conflict in some ways mirrored 
that  between HOAs and residents all over Horry County, and indeed, 
South Carolina.
South Carolina is home to 6,400 HOAs, according to
 the Foundation for Community Association Research, and officials 
throughout the state say that letters, calls and emails from 
dissatisfied homeowners are a near constant. They don’t come in a flood,
 say people in state and local governments, but you can count on them 
every week or month or so.
The writers want to eliminate what they
 see as unresolved problems in their developments and to rein in what 
they feel are out-of-control HOA boards and declarants, as developers 
are known legally.
There ought to be laws to help them out, they say.
Some
 developers and management companies agree that the state’s current laws
 that cover HOA and developer activities should be, at least, amended. 
Property owners say they like laws that govern homeowner associations in
 Florida, North Carolina and Virginia.
For instance, they require 
that prospective owners get copies of homeowner association rules and 
financial documents before they sign a mortgage so they know what they 
are buying into when they get that new home.
Too often, say 
homeowners in Horry County, those documents are part of the multitude of
 printed material that passes before them at closing. Who’s going to 
take the time to read them then?
But Mark Neill, a Surfside Beach 
lawyer who has dealt with the issues for 17 years, warns that an HOA law
 could result in higher dues for the members of the associations well as
 clarify current law and infuse homeowners with power they do not have 
now.
It costs money to produce the paperwork the law might require
 be sent to prospective buyers as well as current homeowners, Neill 
said. It can cost more money to get legal advice to answer challenges to
 subdivision authority, even if that is in a mediation meeting.
Those
 costs would have to be paid by homeowners, who could potentially have 
to fund both sides of a lawsuit against their development.
Four 
bills addressing some of the concerns of homeowners were introduced into
 the S.C. Senate this year, but none got beyond the initial assignment 
to a committee.
One of them, an overarching homeowners association
 law much like that in Florida, has been introduced annually in the 
Senate for at least six years. But it has never gotten out of the 
committee where it was sent after it was put into the hopper.
Since this is the last year of the current biennial, all four bills will have to be reintroduced if they are to move forward.
It’s
 not that South Carolina is without laws that govern some aspects of 
homeowners associations. The state’s Nonprofit Corporation Act covers 
the basics for most single-family home associations while the Horizontal
 Property Regime Act applies to condominiums.
But even if the laws introduced this year had been adopted, they wouldn’t have resolved what Ocean Walk residents faced.
“We were livid,” said resident Ted Hawley, who purchased his home four years ago when the community was called Bermuda Gardens.
Hawley
 said the original developer paid a portion of maintenance costs to keep
 residents’ monthly fees down. That developer, according to Hawley, 
thought it unfair to expect that a relatively small number of homeowners
 should bear the cost of keeping up with all the common areas. His 
reasoning was that he would lessen and eventually eliminate his 
contributions as more people moved in.
But he was forced to 
abandon the development during the recession, leaving it with 
insufficient dues and no reserve fund to do the work when a new owner 
came in.
The maintenance issues continued to be unresolved after 
the sale and repeated complaints from residents to a new management 
company went unanswered.
“The homeowners got together and we decided to make as big a stink as possible,” Hawley said.
They hired an attorney to help them resolve the matter.
In
 response, Hawley said, the management company told homeowners that it 
would not talk to them as long as legal action was a possibility. The 
residents reversed direction.
The additional fee was instituted 
after an emotional meeting in an empty store at Inlet Square Mall, at 
which some owners said the new developer should pay at least some of the
 cost, some threatened not to pay the increased dues and still others 
said they would be forced to sell because they did not have the money to
 pay more.
Since then, Hawley said, “Things have gotten better.”
The
 maintenance is being addressed and the management company replaced the 
unresponsive community manager with a new manager that Hawley praised 
for her communication skills.
Hawley is placated, somewhat. He 
said he still gets angry when he realizes that he must pay almost $500 a
 month in association dues.
The law needs to limit dues increases to a maximum of 20 percent in any one year, he said.
Different, but the same
The
 situation at Ocean Walk differed from many other HOA issues in that 
nearly all residents were united in opposition to the increased fee and 
angry with the property manager for not answering repeated questions.
And
 yet, the basic dynamic, dissatisfaction with community owners and 
managers, was the same that takes place wherever there are homeowner 
associations, say those who deal with such situations daily.
Most 
frequently, say developers, managers and homeowners themselves, it is 
one or two or at most a small group of residents who raise issues, over 
and over. Often, the developers and managers add, the same people come 
back repeatedly with one grievance or concern after another and refuse 
to accept the answers they get to their questions.
Battles between
 such residents and community managers – developers, volunteer board 
members or hired management companies – can go on for years.
Such is the case with Clete Linke at Waterford Plantation.
His
 first issue with those running the subdivision came shortly after he 
moved in several years ago when the homeowners association told him he 
had to remove lattice work he’d put up to hide his heat pump.
Lattice
 wasn’t allowed in Waterford, he was told, and he took it down even 
though he said that other homes in the development had lattice work in 
one place or another.
He had a run-in with the development’s prime
 builder, who had the developer’s permission to act as declarant in his 
stead, and the relationship between the two became antagonistic, with at
 times angry emails shooting back and forth.