Reviewed against South Carolina Code Annotated Title 27 Chapter 31 (Horizontal Property Act)
South Carolina HOA / Condo Assessment Lien Calculator — S.C. Code Ann. § 27-31-210 + § 27-30-130 (No Super-Priority; Three-Year SOL)
Compute the South Carolina HOA or condominium association assessment-lien total under the South Carolina Horizontal Property Act (S.C. Code Ann. § 27-31-10 et seq.) and the South Carolina Homeowners Association Act (§ 27-30-110 et seq.). Models § 27-31-210 condo lien attachment (automatic when assessments come due) and § 27-30-130 HOA recovery framework. Important: South Carolina does NOT have a super-priority lien for HOA or condominium assessments — the association lien is subordinate to a prior first mortgage of record. Enforcement must proceed by JUDICIAL foreclosure in the Court of Common Pleas, typically referred to the county master-in-equity under SCRCP Rule 53; South Carolina has no nonjudicial trustee-sale path. Constrained by the three-year statute of limitations on contract debt under § 15-3-530. Returns total lien amount, priority status, estimated equity, and a recovery-probability classification (strong, mixed, weak).
Calculator
Adjust the inputs below; the result updates instantly.
Lien components
Senior encumbrance
Verdict
- Priority status
- JUNIOR to first mortgage of record (South Carolina has NO super-priority for HOA or condo assessments)
- Estimated equity (market value minus first mortgage)
- $50,000.00
- Equity available to association
- $50,000.00
- Recovery probability
- STRONG — equity above the first mortgage covers the full lien amount on judicial foreclosure sale
- Summary
- South Carolina HOA / condominium assessment-lien analysis under the South Carolina Horizontal Property Act (S.C. Code Ann. section 27-31-10 et seq.) and the South Carolina Homeowners Association Act (section 27-30-110 et seq.). The condominium lien under section 27-31-210 and the HOA recovery framework under section 27-30-130 attach automatically when assessments come due; the lien is perfected by recording a statement of lien with the county register of mesne conveyances (RMC) or register of deeds. Total delinquent assessments: $4,800. Late charges: $480. Interest: $360. Attorney fees: $2,200. Costs: $450. Total lien amount: $8,290. First mortgage balance: $145,000. Unit market value: $195,000. First mortgage pre-dates delinquency: YES. Priority status: JUNIOR to the first mortgage of record (South Carolina has NO super-priority for HOA or condo assessments — section 27-31-210 and section 27-30-130 confer no priority over a prior first mortgage; senior foreclosure typically wipes out the association lien). Estimated equity (market value minus first mortgage): $50,000. Equity available to association after senior mortgage satisfied: $50,000. Recovery probability: Strong — equity above the first mortgage covers the full lien amount on judicial foreclosure sale. Enforcement: South Carolina is a JUDICIAL-FORECLOSURE-ONLY state. The action must be filed in the South Carolina Court of Common Pleas of the county where the property is located and is typically referred to the master-in-equity under SCRCP Rule 53. There is no nonjudicial trustee-sale path equivalent to Tennessee section 35-5-101 et seq. or Georgia OCGA section 44-14-162. After the master-in-equity sale and any thirty-day upset-bid period, the master delivers the master's deed. Note the THREE-YEAR statute of limitations on contract debt under section 15-3-530 constrains the action window for older assessments. Practitioner note: South Carolina does NOT formally license community association managers at the state level. The association board bears primary responsibility for governance and collection compliance. Verdict: Total lien amount under S.C. Code Ann. section 27-31-210 (condo) / section 27-30-130 (HOA): $8,290. Association lien is SUBORDINATE to the first mortgage of record. South Carolina does NOT have a super-priority for HOA or condominium assessments (S.C. Code Ann. section 27-31-210 condo and section 27-30-130 HOA confer no priority over a prior first mortgage). Estimated equity available to association: $50,000. Recovery probability: STRONG — Strong — equity above the first mortgage covers the full lien amount on judicial foreclosure sale. Enforcement must proceed by JUDICIAL foreclosure in the South Carolina Court of Common Pleas (typically referred to the county master-in-equity under SCRCP Rule 53); South Carolina has no nonjudicial trustee-sale path. Note the three-year statute of limitations on contract debt under section 15-3-530 constrains the action window for older assessments.
Tools to go with this
Need an S.C. Code Ann. § 27-31-210 statement-of-lien template or a South Carolina master-in-equity foreclosure checklist?
Fennec Press's South Carolina HOA / condo collection bundle includes the § 27-31-210 statement-of-lien template aligned to typical county register-of-mesne-conveyances requirements, the SCRCP Rule 53 master-in-equity reference checklist for judicial foreclosure, the demand-letter sequence for the pre-litigation collection phase, and the personal-money-judgment template for the case where the unit has no equity above the senior mortgage.
Open Fennec Press South Carolina HOA bundle→Fennec Press is our sister site. Outbound link is UTM-tagged and disclosed.
How this calculator works
This is an assessment-lien sizing and recovery-posture tool for South Carolina HOA and condominium associations. Given the components of the delinquency (assessments, late charges, interest, attorney fees, costs) and the senior-encumbrance picture (first mortgage balance, unit market value), it returns:
- The total lien amount under S.C. Code Ann. section 27-31-210 (condominium) or section 27-30-130 (HOA recovery framework).
- The priority status — junior to the first mortgage of record (the default and most common posture) or first in priority (only when no first mortgage of record pre-dates the unpaid assessment).
- The estimated equity in the unit and the equity available to the association after the senior mortgage is satisfied.
- A recovery-probability classification (STRONG, MIXED, or WEAK) based on the relationship between the available equity and the total lien amount.
Use the calculator before recording a statement of lien to confirm the lien size and the senior-encumbrance picture, before filing a foreclosure complaint to confirm the recovery economics, and during pre-litigation negotiations with delinquent owners to set realistic settlement expectations.
The relevant S.C. Code Ann. section 27-30 / section 27-31 statute
South Carolina governs community associations through two parallel regimes. The Homeowners Association Act lives at S.C. Code Ann. section 27-30-110 et seq.; the Horizontal Property Act lives at section 27-31-10 et seq.
Section 27-31-210 — South Carolina Horizontal Property Act assessment lien. The condominium association lien attaches automatically when assessments come due and is enforceable in the same manner as a mortgage on real property. The lien covers unpaid assessments, late charges, interest, reasonable attorney fees, and costs of collection. To perfect the lien against subsequent purchasers and encumbrancers, the association records a statement of lien with the county register of mesne conveyances (RMC) or register of deeds. The recorded statement must contain the description of the unit, the name of the unit owner, and the amount of unpaid assessments.
Section 27-30-130 — South Carolina Homeowners Association Act recovery framework. The HOA may recover unpaid assessments through the contractual lien typically granted in the declaration covenants. The HOA recovery action is contractual where the declaration provides for the lien; the South Carolina Homeowners Association Act provides the statutory scaffolding for governance but does not itself create a self-executing statutory lien for HOAs.
Section 15-3-530 — South Carolina three-year statute of limitations on actions on contract debt. The operative limitations period for unpaid HOA and condominium assessments in South Carolina. Each missed monthly assessment is a separate breach; assessments older than three years from the filing date may be time-barred.
SCRCP Rule 53 — South Carolina Rules of Civil Procedure reference to master-in-equity. The operative referral system that drives South Carolina judicial-foreclosure speed. The county master-in-equity has full authority to hear and decide foreclosure actions referred under Rule 53, conduct the public sale, and execute the master's deed.
S.C. Code Ann. section 15-39-650 — judicial sale procedures and the thirty-day upset-bid window with five-percent minimum increment. The single largest source of post-judgment timeline extension in South Carolina foreclosures.
South Carolina-specific gotchas (NO super-priority, judicial-only foreclosure with 30-day upset bid, no CAM licensure)
SOUTH CAROLINA DOES NOT HAVE A SUPER-PRIORITY LIEN. This is the single most important structural fact about South Carolina HOA and condominium collection law. Unlike DC (DC Official Code section 42-1903.13(a)(2) six-month super-priority), Hawaii (HRS 514B-146 six months), Colorado (CCIOA 38-33.3-316 six months), and Nevada (NRS 116.3116 nine months), South Carolina associations have NO statutory lien priority that survives a senior mortgage foreclosure. The South Carolina association lien is junior to any first mortgage of record that pre-dates the unpaid assessment. When a senior first mortgagee forecloses, the foreclosure typically WIPES OUT the association lien entirely. Assessments become unsecured against the new purchaser; the association looks to the former owner personally for recovery, which is often uncollectible.
SOUTH CAROLINA IS A JUDICIAL-FORECLOSURE-ONLY STATE. There is no nonjudicial trustee-sale path equivalent to Tennessee (Tenn. Code Ann. section 35-5-101 et seq. trust-deed nonjudicial), Georgia (OCGA section 44-14-162 power of sale), or North Carolina (NCGS section 45-21.16 power of sale). Every secured-debt foreclosure in South Carolina must proceed through the Court of Common Pleas and is typically referred to the county master-in-equity. Despite being judicial-only, South Carolina is widely regarded as the LENDER-FRIENDLIEST judicial state with complete cycles commonly running 6 to 12 months from complaint to master's deed.
THIRTY-DAY UPSET-BID WINDOW. Under S.C. Code Ann. section 15-39-650 every public foreclosure sale in South Carolina is followed by a thirty-day upset-bid window during which any person may submit an upset bid in an amount at least 5 percent above the high bid at sale. If a valid upset bid is submitted, the master schedules a re-sale at which the upset bid becomes the new opening bid. The upset-bid window is a distinctive South Carolina feature and the single largest source of post-judgment timeline extension.
THREE-YEAR STATUTE OF LIMITATIONS. S.C. Code Ann. section 15-3-530 imposes a three-year statute of limitations on actions on contract debt, which is the operative limitations period for unpaid HOA and condominium assessments. This is materially shorter than Tennessee (six years) or Florida (five years for written contracts). South Carolina associations must move faster than their counterparts in many neighboring jurisdictions; assessments older than three years from the filing date may be time-barred even though the lien remains of record.
NO POST-SALE STATUTORY REDEMPTION. Unlike Iowa (6 months), Illinois (3 months from sale), or many western states with extensive redemption windows, South Carolina does NOT have a post-sale statutory redemption period. Once the 30-day upset-bid window closes and the master confirms the sale, the master's deed is final on issuance.
SOUTH CAROLINA DOES NOT FORMALLY LICENSE CAMs. Unlike Florida (Fla. Stat. section 468.431 LCAM), Nevada (NRS 116A CAM), and DC (CICM), South Carolina has NO state-level licensure requirement for community association managers. South Carolina community management is performed by unlicensed individuals or by management companies that hold general business and real-estate-broker licenses. Association boards bear primary responsibility for governance and collection compliance.
HOA AND CONDO REGIMES DIFFER. The South Carolina Horizontal Property Act provides a stronger statutory framework for condominium liens (section 27-31-210) than the Homeowners Association Act provides for HOA liens (which are typically contractual under the declaration). Practitioners should confirm whether the property is governed by the Horizontal Property Act or operates as an HOA under recorded covenants and adjust the lien-perfection mechanics accordingly.
What this calculator does NOT model
The calculator implements the South Carolina LIEN-SIZING and RECOVERY-POSTURE math. It does NOT:
- Model the detailed master-in-equity judicial-foreclosure timeline from complaint through master's deed (use the South Carolina HOA Foreclosure Timeline Calculator for that).
- Validate the form of the statement of lien (required content under section 27-31-210, recording requirements at the county RMC office, proper verification, etc.).
- Compute interest accrual over time at a specified rate — the calculator accepts the interest figure as an input rather than computing daily accruals.
- Model the cure-amount and reinstatement mechanics that apply during an active foreclosure.
- Allocate the foreclosure-sale surplus distribution by priority across senior liens, association lien, junior liens, and former owner.
- Validate the contractual fee-shifting language in the declaration that authorizes the recovery of attorney fees.
- Model the personal-money-judgment enforcement path against the former owner (garnishment, bank-account levy, sheriff execution).
- Apply the South Carolina Residential Landlord and Tenant Act provisions that govern ejectment of a holdover tenant after the foreclosure sale.
For any consequential collection or foreclosure decision, retain South Carolina counsel with master-in-equity foreclosure experience to oversee the procedural compliance review.
Sources
Last reviewed: 2026-05-17 against:
- South Carolina Code Annotated Title 27 Chapter 31 (Horizontal Property Act).
- S.C. Code Ann. section 27-31-210 (condominium assessment lien).
- South Carolina Code Annotated Title 27 Chapter 30 (Homeowners Association Act).
- S.C. Code Ann. section 27-30-110 (HOA scope and definitions).
- S.C. Code Ann. section 27-30-130 (HOA recovery framework).
- S.C. Code Ann. section 27-30-340 (HOA disclosure framework — referenced as governance background).
- SCRCP Rule 53 (reference to master-in-equity for judicial foreclosure).
- S.C. Code Ann. section 15-39-650 (judicial sale procedures and 30-day upset-bid window).
- S.C. Code Ann. section 15-3-530 (three-year statute of limitations on actions on contract debt).
- South Carolina Bar Real Property Section practitioner materials on HOA and condominium collection.
- Comparative analysis against Tennessee (Tenn. Code Ann. section 66-27-415 no super-priority; section 35-5-101 et seq. nonjudicial available), Georgia (OCGA 44-3-109 condo lien; nonjudicial power-of-sale available), North Carolina (NCGS Chapter 47C / 47F HOA and condo no-super-priority but nonjudicial available), and Florida (Fla. Stat. section 718.116 condo super-priority limited).
No. Neither S.C. Code Ann. § 27-31-210 (condo) nor § 27-30-130 (HOA) confers a super-priority over a prior first mortgage of record. Unlike DC (DC Official Code § 42-1903.13(a)(2) six-month super-priority), Hawaii (HRS 514B-146 six months), Colorado (CCIOA 38-33.3-316 six months), and Nevada (NRS 116.3116 nine months), South Carolina associations have NO statutory lien priority that survives a senior mortgage foreclosure. The South Carolina association lien is junior to any first mortgage of record that pre-dates the unpaid assessment. This is a material structural disadvantage for South Carolina associations compared to UCIOA-state counterparts and shapes the collection economics across South Carolina community association law.
Resources
Links marked sponsoredmay earn The Fennec Lab a commission. They do not affect the calculator's output. See disclosures.
- S.C. Code Annotated — Title 27 Chapter 31 (Horizontal Property Act) — South Carolina Horizontal Property Act — the full statutory framework for South Carolina condominium regimes
- S.C. Code Annotated — Title 27 Chapter 30 (Homeowners Association Act) — South Carolina Homeowners Association Act — HOA-specific governance and disclosure framework
- S.C. Code Annotated — § 15-3-530 (Statute of Limitations) — Three-year statute of limitations on actions on contract debt — constrains the action window for older assessments
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