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Bill > H3447


SC H3447

SC H3447
Homeowners Association Authority


summary

Introduced
01/14/2025
In Committee
03/04/2025
Crossed Over
02/28/2025
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Adding Section 29-3-810 So As To Require An Application For A Rule To Show Cause In Certain Instances; And By Amending Section 27-30-130, Relating To The Enforceability Of A Homeowners Association's Governing Documents, So As To Provide That Certain Provisions In Governing Documents Of Homeowners Associations Must Comply With Certain Requirements.

AI Summary

This bill amends South Carolina law to add new requirements for homeowners associations (HOAs) regarding the recording and enforcement of their governing documents. Specifically, the bill mandates that HOAs must record their governing documents, rules, and regulations in the county clerk's office, Register of Mesne Conveyance (RMC), or register of deeds office to be enforceable, with a deadline of January 10th following their adoption or the bill's effective date. The bill introduces a new provision requiring HOAs with foreclosure powers to obtain a "rule to show cause" from the court before initiating a foreclosure sale against a property owner in default, which is designed to provide the property owner with an opportunity to address the default before losing their property. Additionally, the bill stipulates that HOA rules and regulations become effective upon passage and must be made accessible to association members upon request, either electronically or through other specified methods. The new requirements aim to increase transparency and provide more protections for homeowners by ensuring that HOA documents are properly recorded and that homeowners have clear notice of rules and potential legal actions against them.

Committee Categories

Business and Industry, Justice

Sponsors (2)

Last Action

Referred to Committee on Judiciary (on 03/04/2025)

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