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Sponsors: Reps. King, Henegan, Douglas, Williams, M.S. McLeod, Whipper, Gilliard, Parks, Govan, Mitchell and McKnight
Document Path: l:\council\bills\agm\18648ab15.docx
Introduced in the House on May 12, 2015
Introduced in the Senate on April 19, 2016
Last Amended on April 14, 2016
Currently residing in the Senate Committee on Judiciary
Summary: Homeowners' Association Regime Fee Fairness to Deployed Service Members Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 5/12/2015 House Introduced and read first time (House Journal-page 46) 5/12/2015 House Referred to Committee on Medical, Military, Public and Municipal Affairs (House Journal-page 46) 1/20/2016 House Member(s) request name added as sponsor: Henegan, Douglas 1/26/2016 House Member(s) request name added as sponsor: Williams 1/27/2016 House Member(s) request name added as sponsor: M.S.McLeod 2/25/2016 House Committee report: Favorable with amendment Medical, Military, Public and Municipal Affairs (House Journal-page 3) 3/1/2016 House Member(s) request name added as sponsor: Whipper 3/1/2016 House Debate adjourned until Tues., 3-15-16 (House Journal-page 11) 3/15/2016 House Member(s) request name added as sponsor: Gilliard 3/15/2016 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) 3/16/2016 House Member(s) request name added as sponsor: Parks, Govan, Mitchell, McKnight 4/14/2016 House Amended (House Journal-page 72) 4/14/2016 House Read second time (House Journal-page 72) 4/14/2016 House Roll call Yeas-102 Nays-0 (House Journal-page 75) 4/14/2016 House Unanimous consent for third reading on next legislative day (House Journal-page 76) 4/15/2016 House Read third time and sent to Senate (House Journal-page 4) 4/19/2016 Senate Introduced and read first time (Senate Journal-page 6) 4/19/2016 Senate Referred to Committee on Judiciary (Senate Journal-page 6)
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VERSIONS OF THIS BILL
April 14, 2016
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.
This web page was last updated on April 19, 2016 at 4:00 PM