HOA Rules/Regs need to be recorded?

I have been told that per the South Carolina Nonprofit Corporation Act that an HOA's Rules & Regulations have to be recorded in order for them to be enforceable. I read the Act a few times and did not see that. Does that sound correct?

No worries. For others who may wonder the same thing - Google AI says:

Yes, under the South Carolina Homeowners Association Act (effective May 17, 2018), an HOA's rules, regulations, and amendments must be recorded in the county's Register of Mesne Conveyance (RMC) or Clerk of Court's office. To remain enforceable, they must be recorded by January 10th of the year following their adoption.

Key details:

Recording Deadline: Rules, regulations, and amendments must be filed with the county where the property is located by January 10th of the year following adoption to remain effective.

Definition: This requirement applies to all governing documents, including bylaws and amendments.

Accessibility: Beyond recording, rules must be posted on the HOA's website or social media, and provided to homeowners upon request in paper or electronic format.

Enforceability: Unrecorded rules may not be legally enforceable.

It is recommended to consult with a legal professional to ensure compliance with the specific recording requirements of the South Carolina Homeowners Association Act.

And this, boys and girls, is why it's not a bad thing to at least consult with an attorney before you try to amend, drop or add new rules. If you're going to do this, you may as well have something that can be enforced and not risk being tossed because of a technicality. It also helps to put some thought into the rule - asking homeowners what issues need to be addressed and why, asking for suggestions on what the rule should say and how it can be enforced (enforcement takes time), appeal rights, and all that. Most important, consider if the rule is really necessary or if you're using a sledgehammer to squash a roach. Every five years or so, you might want to revisit the rule to see if it still works or needs to be tweaked - these aren't the 10 commandments and communities do change over time - don't be skurred of change. embrace it, encourage it and drive it.