South Carolina General Assembly
126th Session, 2025-2026
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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
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.
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This web page was last updated on February 27, 2025 at 2:26 PM