Indicates Matter Stricken

Indicates New Matter

 

Committee Amendment Adopted

April 16, 2026

 

S. 903

 

Introduced by Senators Young, Grooms, Johnson, Zell, Stubbs and Kimbrell

 

S. Printed 4/16/26--S.

Read the first time February 10, 2026

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 27-30-130, RELATING TO THE ENFORCEABILITY OF GOVERNING DOCUMENTS, RECORDING REQUIREMENTS, RULES, REGULATIONS, AND AMENDMENTS, SO AS TO REQUIRE CERTAIN HOMEOWNERS ASSOCIATION DOCUMENTS TO BE SUBJECT TO SECTION 30-5-30.

    Amend Title To Conform

 

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

 

SECTION 1.  Section 27-30-120(4) of the S.C. Code is amended to read:

 

    (4) "Governing documents" means declaration, master deeds, or bylaws, rules, or regulations, or any amendments to the declaration, master deeds, or bylaws, rules, or regulations.

 

SECTION 2.  Section 27-30-130(B) of the S.C. Code is amended to read:

 

    (B)(1) Rules, regulations, and amendments to rules and regulationsGoverning documents:

           (a) are effective upon passage or adoption;  and

           (b) must be made accessible to a homeowners association member upon the request of that member of the homeowners association, and, at the option of the homeowners association, via electronic mail or through methods provided by the homeowners association's bylaws that ensure actual notice, unless they are:

               (i) posted in a conspicuous place in a common area in the community;  or

               (ii) available on an Internet website maintained by the homeowners association, where they may be downloaded by the homeowner.

       (2) In order to remain enforceable, a homeowners association's rules, regulations, and amendments to rules and regulations the governing documents must be recorded in the clerk of court's, Register of Mesne Conveyance (RMC), or register of deeds office in the county in which the property is located by January tenth of eachthe year following their adoption or amendment.

 

SECTION 3.  Section 27-30-130(D) of the S.C. Code is amended to read:

 

    (D) The(1) On and after January 1, 2027, recording of the rules, regulations, bylaws, and amendments to rules and regulationsgoverning documents are not is subject to the requirements of witnesses and acknowledgements required under Section 30-5-30.

       (2) Each governing document may be recorded as an exhibit to an instrument that satisfies the requirements of Section 30-5-30 and specifically identifies and incorporates each governing document by reference. When recorded as exhibits, each governing document does not require separate witnessing or acknowledgment pursuant to Section 30-5-30.

       (3) Governing documents recorded prior to January 1, 2027, are not subject to the witness and acknowledgment requirements of Section 30-5-30 and are valid, effective, and enforceable if not separately witnessed or acknowledged pursuant to Section 30-5-30.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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