HOA Change
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
This bill amends South Carolina law to clarify the recording requirements for homeowners association (HOA) documents. Specifically, it requires certain HOA documents, such as declarations, bylaws, and rules, to be recorded in the county clerk’s office within a year of their adoption or amendment. Furthermore, it removes the requirement for witnesses and acknowledgements when recording these documents, aligning them with Section 30-5-30 of the South Carolina Code.
Key provisions
- Requires HOA documents (declarations, bylaws, rules) to be recorded within one year of adoption or amendment.
- Establishes a process for making HOA rules and regulations accessible to homeowners.
- Removes the requirement for witnesses and acknowledgements when recording HOA documents.
- Allows HOA documents to be recorded as exhibits referencing the original document.
- Provides a transition period for documents recorded before January 1, 2027, allowing them to remain valid without witness requirements.
Who is affected
- Homeowners
- Homeowners Associations
- Real Estate Professionals
- County Clerks/Register of Deeds Offices
Notable changes
- Aligns HOA recording requirements with Section 30-5-30 of the South Carolina Code.
- Simplifies the recording process for HOA documents by eliminating witness and acknowledgement requirements.
Bill text
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