H 4165 General Bill, By King, Henegan, Douglas, Williams, M.S. McLeod, Whipper, 
Gilliard, Parks, Govan, Mitchell and McKnight
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE
 "HOMEOWNERS' ASSOCIATION REGIME FEE FAIRNESS TO DEPLOYED SERVICE MEMBERS ACT"
 BY ADDING SECTION 27-1-75 SO AS TO PROVIDE A HOMEOWNERS' ASSOCIATION MAY NOT
 ENFORCE A LIEN FOR HOMEOWNERS' ASSOCIATION REGIME FEES THAT ACCRUE AND ARE NOT
 PAID DURING THE TIME PERIOD THAT THE HOMEOWNER IS DEPLOYED OR MOBILIZED
 OUTSIDE OF THIS STATE UNTIL THE HOMEOWNER RETURNS FROM DEPLOYMENT, TO PROVIDE
 A HOMEOWNERS' ASSOCIATION MAY NOT ASSESS OR IMPOSE PENALTIES FOR HOMEOWNERS'
 ASSOCIATION REGIME FEES NOT PAID DURING THE TIME PERIOD THAT THE HOMEOWNER IS
 DEPLOYED OR MOBILIZED OUTSIDE OF THIS STATE; TO MAKE THE PROVISIONS OF THIS
 ACT ALSO APPLICABLE TO DEPENDENTS RESIDING WITH THE SERVICE MEMBER; TO DEFINE
 NECESSARY TERMINOLOGY; AND TO MAKE THESE PROVISIONS RETROACTIVE TO JANUARY 1,
 2015.

   05/12/15  House  Introduced and read first time (House Journal-page 46)
   05/12/15  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs (House Journal-page 46)
   01/20/16  House  Member(s) request name added as sponsor: Henegan,
                     Douglas
   01/26/16  House  Member(s) request name added as sponsor: Williams
   01/27/16  House  Member(s) request name added as sponsor: M.S.McLeod
   02/25/16  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs
                     (House Journal-page 3)
   03/01/16  House  Member(s) request name added as sponsor: Whipper
   03/01/16  House  Debate adjourned until Tues., 3-15-16
                     (House Journal-page 11)
   03/15/16  House  Member(s) request name added as sponsor: Gilliard
   03/15/16  House  Requests for debate-Rep(s). Sandifer, Whitmire,
                     Corley, Newton, Herbkersman, JE Smith, Jordon,
                     Finlay, WJ McLeod, MS McLeod, King, Williams,
                     Johnson, Duckworth, Felder, Norman, Toole,
                     Crosby, HA Crawford, Bales, Hosey, Hardee, Ryhal
                     (House Journal-page 11)
   03/16/16  House  Member(s) request name added as sponsor: Parks,
                     Govan, Mitchell, McKnight
   04/14/16  House  Amended (House Journal-page 72)
   04/14/16  House  Read second time (House Journal-page 72)
   04/14/16  House  Roll call Yeas-102  Nays-0 (House Journal-page 75)
   04/14/16  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 76)
   04/15/16  House  Read third time and sent to Senate
                     (House Journal-page 4)
   04/19/16  Senate Introduced and read first time (Senate Journal-page 6)
   04/19/16  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 6)

H. 4165

AMENDED

April 14, 2016

H. 4165

Introduced by Reps. King, Henegan, Douglas, Williams, M.S. McLeod, Whipper, Gilliard, Parks, Govan, Mitchell and McKnight

S. Printed 4/14/16--H.

Read the first time May 12, 2015.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "HOMEOWNERS' ASSOCIATION REGIME FEE FAIRNESS TO DEPLOYED SERVICE MEMBERS ACT" BY ADDING SECTION 27-1-75 SO AS TO PROVIDE A HOMEOWNERS' ASSOCIATION MAY NOT ENFORCE A LIEN FOR HOMEOWNERS' ASSOCIATION REGIME FEES THAT ACCRUE AND ARE NOT PAID DURING THE TIME PERIOD THAT THE HOMEOWNER IS DEPLOYED OR MOBILIZED OUTSIDE OF THIS STATE UNTIL THE HOMEOWNER RETURNS FROM DEPLOYMENT, TO PROVIDE A HOMEOWNERS' ASSOCIATION MAY NOT ASSESS OR IMPOSE PENALTIES FOR HOMEOWNERS' ASSOCIATION REGIME FEES NOT PAID DURING THE TIME PERIOD THAT THE HOMEOWNER IS DEPLOYED OR MOBILIZED OUTSIDE OF THIS STATE; TO MAKE THE PROVISIONS OF THIS ACT ALSO APPLICABLE TO DEPENDENTS RESIDING WITH THE SERVICE MEMBER; TO DEFINE NECESSARY TERMINOLOGY; AND TO MAKE THESE PROVISIONS RETROACTIVE TO JANUARY 1, 2015.

Amend Title To Conform

Whereas, South Carolina is deeply proud to be home to eight major military bases and approximately 111,500 active, reserve, and retired members of the armed forces; and

Whereas, South Carolina tremendously appreciates the sacrifices these soldiers have made to secure freedom for our nation; and

Whereas, the United States Congress and this State have implemented many protections to ensure our deployed service members are able to serve without having to worry about problems that might arise at home, and that their rights are protected especially during deployment; and

Whereas, to further ensure that no question exists about the protection of the rights of the deployed with respect to the payment of homeowners' association regime fee dues assessed during their deployment, we find additional measures are appropriate. Now, therefore,

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

SECTION    1.    This act must be known and may be cited as the "Homeowners' Association Regime Fee Fairness to Deployed Service Members Act".

SECTION    2.    Chapter 1, Title 27 of the 1976 Code is amended by adding:

"Section 27-1-75.    (A)    A service member who belongs to a homeowners' association must notify the homeowners' association of orders of deployment upon receipt of deployment notification. The service member may notify the homeowners' association either by electronic mail or United States Postal Service, and the homeowners' association may not reject a service member's deployment notification on the grounds that it does not comply with another form of notice required by the association. For regime fees that become due while the homeowner is deployed, a homeowners' association may not:

(1)    enforce a lien for homeowners' association regime fees that accrue and are not paid during the time period that the homeowner is deployed or mobilized outside of this State, and until the homeowner returns from deployment; or

(2)    assess or impose penalties for homeowners' association regime fees not paid during the time period that the homeowner is deployed or mobilized outside of this State.

(B)    The provisions of this section also apply to dependents residing with the service member.

(C)    The provisions of this section may not be waived by contract, and such a purported waiver is void.

(D)    The provisions of this section apply only to the service member's primary residence.

(E)    Nothing in this section shall waive an obligation of the deployed service member from continuing to maintain the property as defined in declaration or otherwise by law.

(F)    As used in this subsection, 'homeowners' association' means an organization that is organized and operated to provide for the acquisition, construction, management, and maintenance of property."

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