South Carolina H 3447: Judicial Merit Selection Commission

Bill Text

2025-2026 Bill 3447 Text of Previous Version (Feb. 27, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3447

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

Amended

February 27, 2025

H. 3447

Introduced 
by Reps. Rutherford and Henderson-Myers 

S. Printed 2/27/25--H.

Read the first time January 14, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
29-3-810 SO AS TO REQUIRE AN APPLICATION FOR A RULE TO SHOW CAUSE IN CERTAIN 
INSTANCES; AND BY AMENDING SECTION 27-30-130, RELATING TO THE ENFORCEABILITY OF 
A HOMEOWNERS ASSOCIATION'S GOVERNING DOCUMENTS, SO AS TO PROVIDE THAT CERTAIN 
PROVISIONS IN GOVERNING DOCUMENTS OF HOMEOWNERS ASSOCIATIONS MUST COMPLY WITH 
CERTAIN REQUIREMENTS.

 Amend Title To Conform

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

SECTION 1. Article 7, Chapter 3, Title 29 of the S.C. Code is 
amended by adding:

 Section 29-3-810. Effective January 1, 2026, any homeowners 
association with the authority granted in Section 27-31-210 or its governing 
documents to foreclose on the property of a homeowners association member must 
in the case of a default by a defendant property owner make application for a 
rule to show cause to be issued to the defendant property owner. No foreclosure 
sale may be noticed prior to the issuance of the rule to show cause.

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

 Section 
27-30-130. (A)(1) Except as 
otherwise provided in this section, in order to be enforceable, a homeowners 
association's governing documents must be recorded in the clerk of court's, 
Register of Mesne Conveyance (RMC), or register of deeds office in the county 
where the property is located.

 (2) 
To continue to be enforceable, any governing document not recorded prior to the 
effective date of this section must be recorded by January tenth of the year 
following the effective date of this section in the clerk of court's, Register 
of Mesne Conveyance (RMC), or register of deeds office in the county where the 
property is located.

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

 (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 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 each the year following their adoption or amendment.

 (C) 
Homeowners associations in existence on the effective date of this section must 
record the documents required by subsections (A)(1) and (B)(2) by January tenth 
following the effective date of this section.

 (D) Effective January 1, 2026, any homeowners 
association with the authority to foreclose on the property of a homeowners 
association member must adhere to the requirements of Section 29-3-810.

 (D)(E) The recording of the rules, regulations, bylaws, and 
amendments to rules and regulations are not subject to the requirements of 
witnesses and acknowledgements required under Section 30-5-30.

SECTION 3. This act takes effect upon approval 
by the Governor.

----XX----

This web page was last updated on February 27, 2025 at 02:26 PM