Current Status Bill Number:
1313Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19960402Primary Sponsor: BoanAll Sponsors: Boan, Thomas and AlexanderDrafted Document Number: gjk\22575sd.96Companion Bill Number: 3913Residing Body: SenateSubject: 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.
April 10, 1996
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.