Current Status Bill Number:1313 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960402 Primary Sponsor:Boan All Sponsors:Boan, Thomas and Alexander Drafted Document Number:gjk\22575sd.96 Companion Bill Number:3913 Residing Body:Senate Subject:Recreational waters, homeowners association defined
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19960523 Read second time, notice of general amendments Senate 19960410 Committee report: Favorable 13 SMA Senate 19960402 Introduced, read first time, 13 SMA referred to CommitteeView additional legislative information at the LPITS web site.
COMMITTEE REPORT
April 10, 1996
S. 1313
S. Printed 4/10/96--S.
Read the first time April 2, 1996.
To whom was referred a Bill (S. 1313), to amend Section 44-55-2320, as amended, Code of Laws of South Carolina, 1976, relating to definitions, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
O. SAMUEL BOAN, JR., for Committee.
TO AMEND SECTION 44-55-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE STATE RECREATIONAL WATERS ACT, SO AS TO DEFINE "HOMEOWNERS ASSOCIATION"; AND TO AMEND SECTION 44-55-2340, RELATING TO SWIMMING POOL CONSTRUCTION AND OPERATION PERMITS, SO AS TO EXEMPT HOMEOWNERS' ASSOCIATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-55-2320 of the 1976 Code, as last amended by Section 1131, Act 181 of 1993, is further amended by adding an appropriately numbered item in alphabetical order to read:
"( ) `Homeowners association' means an association of owners incorporated under the laws of this State as a nonprofit corporation for the purpose of management of residential real estate in a subdivision or development or condominium including the operation of a swimming pool to serve the residents of the subdivision, development, or condominium."
SECTION 2. Section 44-55-2340 of the 1976 Code, as added by Act 551 of 1990, is amended by adding at the end:
"(D) Public swimming pools owned and operated by a homeowners association which are used only by the permanent residents and their invited guests are exempt from subsections (B) and (C) if the department approves a request for exemption submitted by the homeowners association. No exemption may be granted to a homeowners association with a swimming pool in a subdivision, development, or condominium where all or any portion of the residential units are time-shared, rented, or leased, unless the occupants of those residential units are excluded from pool use except as a guest of, and in the accompaniment of, a permanent homeowners association resident."
SECTION 3. This act takes effect upon approval by the Governor.