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Bill > S0366


SC S0366

SC S0366
HOA Fees


summary

Introduced
02/20/2025
In Committee
02/20/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Amending Section 27-1-60, Relating To The Right Of A Homeowner To Display Certain Flags, So As To Allow For Additional Flags To Be Displayed; By Amending Section 27-30-150, Relating To An Application Of Access To Document Provisions, So As To Require The Disclosure Of Any Monies Paid To An Officer Of Or Contract Entered Into By A Homewoners Association; By Adding Section 27-30-180 So As To Limit A Homeowners Association's Ability To Restrict Speech; By Amending Section 15-41-30, Relating To Property Exempt From Attachment, Levy, And Sale, So As To Prohibit A Homeowners Association From Foreclosing On A Debtor's Primary Residence; And By Amending Section 27-30-130, Relating To The Enforceability Of Governing Documents, So As To Nullify Any Provision In A Homeowners Association Governing Documents Granting The Homeowners Association The Authority To Foreclose On The Property Of A Homeowner.

AI Summary

This bill proposes several significant changes to South Carolina laws governing homeowners associations (HOAs) to protect homeowner rights. First, it expands the types of flags homeowners can display, including military, POW-MIA, and first responder flags, preventing HOAs from restricting these displays. The bill requires HOAs to disclose any money paid to officers and contracts they enter into, increasing financial transparency. It also adds a provision protecting homeowners' free speech rights by preventing HOAs from interfering with constitutional speech freedoms unless there is a compelling interest. Importantly, the bill prohibits HOAs from foreclosing on a homeowner's primary residence for unpaid dues, fees, or fines, though they can still place a lien on the property. Additionally, the legislation nullifies any HOA governing document provisions that would allow foreclosure on a homeowner's property. These changes aim to provide more protection and rights for homeowners by limiting HOA powers and increasing accountability. The bill will take effect upon the Governor's approval, with the foreclosure restriction specifically becoming effective on July 1, 2025.

Committee Categories

Justice

Sponsors (9)

Last Action

Referred to Committee on Judiciary (on 02/20/2025)

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