South Carolina H 3847: Co-owned home

Bill Text

2025-2026 Bill 3847 Text of Previous Version (Jan. 30, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3847

Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
27-1-80 SO AS TO PROVIDE THAT ANY REGULATION REGARDING THE USE, DISPOSITION, 
SALE, OR ANY IMPOSITION OF ANY PROHIBITION, RESTRICTION, FEE IMPOSITION, OR TAXATION 
OF A CO-OWNED HOME MUST BE DONE BY THE GENERAL ASSEMBLY.

Whereas, the General 
Assembly finds that the public policy of this State favors the transferability 
of interests in real property free from unreasonable restraints; and

Whereas, Section 1, 
Article XII of the South Carolina Constitution acknowledges that the property 
of the people of this State is a matter of public concern; and

Whereas, an 
individual's right and ability to own property should not be unreasonably 
infringed upon by unnecessary and burdensome restrictions. Now, therefore,

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

SECTION 1. Chapter 1, Title 27 of the S.C. Code is amended by 
adding:

 Section 
27-1-80. (A) For purposes of this 
section:

 (1) 
"Co-owned home" means a residential dwelling located in a municipality that is 
jointly owned, in any manner or form, by any combination of individuals or 
entities for the purpose of the owners' use and enjoyment.

 (2) 
"Residential dwelling" means any building, structure, or part of the building 
or structure, that is used or intended to be used as a home, residence, or 
sleeping place by one or more persons to the exclusion of all others.

 (B) Any 
regulation regarding the use, disposition, sale, or any imposition of any 
prohibition, restriction, fee imposition, or taxation of a co-owned home must 
be done by the General Assembly. This section supersedes and preempts any 
ordinance enacted by a municipality, or the enforcement of any ordinance by any 
municipality, that purports to regulate the use, disposition, sale, or any 
imposition of any prohibition, restriction, fee imposition, or taxation of 
co-owned homes. Nothing in this section limits the authority of a county to 
regulate a co-owned home. Nothing in this section limits the authority of a 
municipality to:

 (1) 
enact or enforce any ordinance to regulate the rental of co-owned homes 
provided that the ordinance does not regulate the use of the home by the owners 
of the co-owned home or the guests of the owners so long as no fee is collected 
from the guest; or

 (2) 
enact or enforce land use regulations, if the regulations are applied equally 
to all residential dwellings, including co-owned homes and does not treat the 
operation, management, or conveyance of a co-owned home as a commercial use.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on January 30, 2025 at 11:21 AM