Senate Bill 30
&
Manager Certification

Senate Bill 30 - Update

Dear CAI Member or Supporter:   State Legislation was recently introduced that would have affected community associations like yours across the State of South Carolina.   Due to the diligent work of several groups including CAI's South Carolina Legislative Action Committee (SC-LAC), the Legislation called Senate Bill 30 (S30) Homeowners Association Act, was not enacted this year.  However, it is our understanding that this bill will be pre-filed for the 2010 Legislative Session and if so, it will be assigned a new Bill number.   S30 contains many onerous provisions, including:  changing your community association's governing documents in several areas including how assessments are levied; in communities that have a Capital Improvement Assessment (Capital Transfer Fee), the collection of such an assessment will be outlawed; another layer of government will be created through the Department of Consumer Affairs that will delay the adjudication of properly cited covenant violations; and a yearly registration fee will be imposed on a per-unit basis.   Several powerful lobbying groups are trying to pass S30 including AARP and the SC Department of Consumer Affairs.  The South Carolina Association of REALTORS® is opposed to Senate Bill 30 as written.  A 2007 national poll performed by Zogby International indicated that 90% of residents living in a community association were happy with their association.   At this point, we want to raise the awareness of your members to the dangers that S30 poses to all community associations.  We have prepared two model newsletter articles that can be adapted for your association's use.  One article is for community associations that already have a Capital Improvement Assessment.  The other is for associations that do not have a Capital Improvement Assessment. We ask that you help us educate your membership by printing this information in your community's newsletter or sending it out as a letter from your Board.  Our objective is to raise your members' awareness to the dangers posed by S30 so they will be ready to contact their State Representatives if the need arises later this year.  Providing accurate information now will be key in developing a grassroots movement when it is needed during the next Legislative Session. To access the article for communities with capital assessments, click CAPASSESS. To access the article for communities with no capital assessments, click NOCAP.   Thank you for your support and consideration.   South Carolina Legislative Action Committee