Senate Bill 30 - Update

The SC Senate Judiciary S30 Subcommittee held a work session March 26th.  Testimony was not taken, although CAI's LAC Secretary (Peter Kristian) was called upon for information on CAI's Alternative Dispute Resolution proposal. Senate Judiciary staff relied on three main contributors in developing the current S30 working document:  CAI, SC Consumer Affairs and Senator Mulvaney. Although a copy of the working document was not distributed or made available, much of what CAI had submitted in the past few days was considered for inclusion in the next draft of S30.

Senate Bill 30 - Working Session Discussion

Duty an HOA Board owes to its members. Transparency: What documents would be kept and made available to members. Disclosure of documents and information to prospective homebuyers. Dispute Resolution. Registration Process: It was apparent that it is moving toward a 1 or 2 page document with basic information about the association rather than about individual members. Registration Fee:  It is still in place, but has dropped to $6 per unit in each association to pay for dispute hearings. For Sale Signs:  Sen. Mulvaney wants specific language to allow "For Sale" signs.

SC LAC Position

While it is not opposed to all provisions of S30, the LAC is concerned that in the haste to pass a Bill this session, it will occur with elements that are not good for homeowners and not good for community associations. With respect to topics discussed on March 26th, the LAC positions are: Duty of Board Members:  No opposition to what is currently being proposed. Transparency:  The LAC has made suggestions that would not violate individual privacy or jeopardize matters in litigation.  Dispute Resolution:  The LAC proposes Alternative Dispute Resolution that would not require an extensive bureaucracy, involving appointing a three-member panel comprised of a community manager, a property owner and an attorney who practices community association law - all serving on a voluntary basis. Registration Process:  The LAC would support a simple, association information ONLY registration requirement. Registration Fee:  The LAC maintains that its proposed Alternative Dispute Resolution plan would not require a degree of funding to support $6 per unit. For Sale Signs:  The LAC recommended excluding gated communities and Sen. Mulvaney did not object.

Call To Action

Letters to legislators that are being sent by our homeowner and manager network are affecting the shape of this proposed legislation, which is still a work in progress.  The LAC appreciates all the efforts that have been made in helping it communicate with the legislators.  At this point, it would be appropriate for everyone to respond to the new elements of the working document.   The next working session of the S30 Subcommittee is Wednesday, April 1st.  (No, really!)   1.  Contact the S30 Subcommittee members by email or phone as soon as possible.  Email links below.   2.  Contact the Senate Judiciary Committee members by email or phone as soon as possible. Email links below.   3.  Explain your specific objections to certain provisions that are in S30 working document and ask that they be stricken or modified.   4.  Let them know that you want a well thought-out piece of legislation and ask that time be taken to work on the provisions rather than pushing something through just to have a Bill.   5.  Forward this email to other concerned homeowners.   The SC LAC has provided a template letter for your use in writing to legislators.  Please feel free to make changes to personalize your letters.  Click LETTER.

S30 Subcommittee