A new law regulating homeowners associations became effective last May when Governor Henry McMaster signed it.
A key provision of that law takes effect January 10. It requires HOA’s to record with the county Register of Deeds office all bylaws, declarations, or master deeds, or any amendments to them.
Here is a quick run down of what else the law does:
- Rules and regulations are enforceable as soon as they are passed but must be available to the association members through dissemination or posting in a manner defined in the bill (conspicuous place or online). In order to keep enforcing any new rules, they must be recorded with the county Register of Deeds on or before January 10 of the following year.
- If the HOA is not incorporated under S.C. Nonprofit Corporation Act, the HOA must provide 2-days notice of a proposed action to increase the budget.
- The Magistrates Court now has jurisdiction over HOA monetary disputes.
- Requires the Department of Consumer Affairs to collect certain information from citizens who call about HOAs and to furnish the General Assembly a report of that information annually. Consumer Affairs has no other authority over HOAs.
- Requires the owner who is selling property to disclose if it is a part of an HOA.
If members have any questions about this legislation and how it might affect an HOA that you manage, your question can be submitted to the Gallivan White & Boyd Legal Hotline.