South Carolina General Assembly
126th Session, 2025-2026

Download This Bill in Microsoft Word Format

Indicates Matter Stricken
Indicates New Matter

H. 3447

STATUS INFORMATION

General Bill
Sponsors: Reps. Rutherford and Henderson-Myers
Document Path: LC-0029SA25.docx

Introduced in the House on January 14, 2025
Introduced in the Senate on March 4, 2025
Last Amended on February 27, 2025
Judiciary

Summary: Homeowners Association Authority

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number
12/5/2024 House Prefiled
12/5/2024 House Referred to Committee on Labor, Commerce and Industry
1/14/2025 House Introduced and read first time (House Journal-page 204)
1/14/2025 House Referred to Committee on Labor, Commerce and Industry (House Journal-page 204)
2/26/2025 House Committee report: Favorable with amendment Labor, Commerce and Industry (House Journal-page 7)
2/27/2025 House Member(s) request name added as sponsor: Henderson-Myers
2/27/2025 House Amended (House Journal-page 22)
2/27/2025 House Read second time (House Journal-page 22)
2/27/2025 House Roll call Yeas-110 Nays-2 (House Journal-page 23)
2/27/2025 House Unanimous consent for third reading on next legislative day (House Journal-page 25)
2/28/2025 House Read third time and sent to Senate (House Journal-page 2)
3/4/2025 Senate Introduced and read first time (Senate Journal-page 11)
3/4/2025 Senate Referred to Committee on Judiciary (Senate Journal-page 11)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/05/2024
02/26/2025
02/27/2025



Indicates Matter Stricken

Indicates New Matter

 

Amended

February 27, 2025

 

H. 3447

 

Introduced by Reps. Rutherford and Henderson-Myers

 

S. Printed 2/27/25--H.

Read the first time January 14, 2025

 

________


 

 

 

 

 

 

 

 

A bill

 

TO 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.

    Amend Title To Conform

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Article 7, Chapter 3, Title 29 of the S.C. Code is amended by adding:

 

    Section 29-3-810.  Effective January 1, 2026, any homeowners association with the authority granted in Section 27-31-210 or its governing documents to foreclose on the property of a homeowners association member must in the case of a default by a defendant property owner make application for a rule to show cause to be issued to the defendant property owner. No foreclosure sale may be noticed prior to the issuance of the rule to show cause.

 

SECTION 2.  Section 27-30-130 of the S.C. Code is amended to read:

 

    Section 27-30-130. (A)(1) Except as otherwise provided in this section, in order to be enforceable, a homeowners association's governing documents must be recorded in the clerk of court's, Register of Mesne Conveyance (RMC), or register of deeds office in the county where the property is located.

       (2) To continue to be enforceable, any governing document not recorded prior to the effective date of this section must be recorded by January tenth of the year following the effective date of this section in the clerk of court's, Register of Mesne Conveyance (RMC), or register of deeds office in the county where the property is located.

    (B)(1) Rules, regulations, and amendments to rules and regulations:

           (a) are effective upon passage or adoption; and

           (b) must be made accessible to a homeowners association member upon the request of that member of the homeowners association, and, at the option of the homeowners association, via electronic mail or through methods provided by the homeowners association's bylaws that ensure actual notice, unless they are:

               (i) posted in a conspicuous place in a common area in the community; or

               (ii) available on an Internet website maintained by the homeowners association, where they may be downloaded by the homeowner.

       (2) In order to remain enforceable, a homeowners association's rules, regulations, and amendments to rules and regulations must be recorded in the clerk of court's, Register of Mesne Conveyance (RMC), or register of deeds office in the county in which the property is located by January tenth of each the year following their adoption or amendment.

    (C) Homeowners associations in existence on the effective date of this section must record the documents required by subsections (A)(1) and (B)(2) by January tenth following the effective date of this section.

    (D) Effective January 1, 2026, any homeowners association with the authority to foreclose on the property of a homeowners association member must adhere to the requirements of Section 29-3-810.

    (D)(E) The recording of the rules, regulations, bylaws, and amendments to rules and regulations are not subject to the requirements of witnesses and acknowledgements required under Section 30-5-30.

 

SECTION 3.  This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on February 27, 2025 at 2:26 PM