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ARTICLE

Date ArticleType
10/2/2009
Myrtle Beach Area Chamber to Host HOA Proposed Legislation Forum


The Myrtle Beach Area Chamber of Commerce will host an HOA Proposed Legislation Forum 10 a.m. Wednesday, Oct. 14, at the Horry-Georgetown Technical College Conference Center near The Market Common. Topics include a welcome, legislative overview by a number of attorneys and association/property management companies and a question and answer period. The forum is free and open to the public, but advance registration is required (MyrtleBeachAreaChamber.com).

“We invited our member association management companies to share their concerns about the proposed South Carolina Homeowners’ Association Act at a recent Legislative Policy Council meeting,” said Buzz Freeman, MBACC Legislative Policy Council chair. “The issues they raised, as well as feedback offered during the forum, will help us to influence policy so the law is reasonable for association management companies to follow. The bill’s impact reaches beyond our members to the entire Myrtle Beach area.”

The South Carolina Homeowners’ Association Act (S. 30) was introduced by the state senate in the 2009 legislative session and is expected to be prefiled for the 2010 legislative session. S. 30 amends the Code of Laws of South Carolina (1976) by adding Chapter 52 to Title 27.

The bill addresses how associations are set up and governed including openness of association finances and meetings. To association management companies, the bill contains many onerous provisions that conflict with existing state laws and association governing documents and are costly to administer and logistically difficult to perform in some cases. The high number of absentee owners in the Myrtle Beach area poses additional challenges for associations to comply with the act.

Currently, condominium associations are governed by the South Carolina Horizontal Property Act (Chapter 31, Title 27) and may be governed by the South Carolina Nonprofit Corporation Act (for nonprofit associations; Chapter 31, Title 33). Single-family associations are governed by the South Carolina Nonprofit Corporation Act. Individual associations establish bylaws and declarations of covenants and restrictions in accordance with these state laws.

The full text of the proposed bill can be viewed online at the South Carolina General Assembly’s Web site (SCStatehouse.gov).

 

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