SC HOA vs HPR

Started by PB6 • 5 replies • 1283 views

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PB6 (South Carolina)
Posts: 1

Posted:

What is the difference, if any, between an HOA and an HPR/ Horizontal Property Regime? And in the state of SC?

Our South Carolina Master Deed states in 1981, that ...."pursuant to the Horizontal Property Act of the State of South Carolina( herein referred to as the "Act"), as amended, witness that:

BobB31 (Florida)
Posts: 178

Posted:

From https://olympusdevelop.com/blog/posts/horizontal-property-regime-hpr-101:

"... a horizontal property regime requires the co-owners to form a homeowners association (HOA)"

The HPR is the zoning policy that allows one to build 2 houses on a lot that previously held a single house. When the two houses are sold, the two new owners share the tax bill and must form an HOA, which is subject to the HOA statutes in SC. The owners own the houses only, with the surrounding land becoming the shared common ground.

BobB31 (Florida)
Posts: 178

Posted:

You can find answers more appropriate to SC here

BobB31 (Florida)
Posts: 178

Posted:

You can find answers more appropriate to SC here

JohnC46 (South Carolina)
Posts: 14,265

Posted:

PB

The SC Horizontal Property Act applies to owner associations in multi story, multi unit buildings such as high rise condo buildings. It does not apply to other type owner associations consisting of single family homes, townhomes, multi-plex homes, etc.

Proper name is:

Horizontal Property Act, Title 27 - Chapter 31

Hope this helps.

JeffT2 (Iowa)
Posts: 880

Posted:

It means you are in a condominium.

I didn't see anything in the Horizontal Property Act that limited it to multi story buildings, but I think that used to be in the Act. Maybe they changed it or I just missed that section.

Condo owners own their unit and a share of the whole property, so it is a different form of ownership than a typical house in an HOA.

The new South Carolina Homeowners Association Act covers both HOAs and Horizontal Properties (condos), which means that HOAs and Horizontal Properties have a number of similarities, although I admit to not reading it to see how it applies to existing Horizontal Property.

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