South Carolina H 4006: Homeowners Associations

Bill Text

2025-2026 Bill 4006 Text of Previous Version (Feb. 13, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4006

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 27-30-350 SO AS TO PROVIDE THAT MEETINGS OF THE BOARD OF A 
HOMEOWNERS ASSOCIATION MUST BE OPEN; BY ADDING SECTION 27-30-360 SO AS TO 
PROVIDE THAT A HOMEOWNERS ASSOCIATION MAY NOT PROHIBIT A PROPERTY OWNER FROM 
DISPLAYING CERTAIN POLITICAL SIGNS; BY ADDING SECTION 27-30-370 SO AS TO 
PROVIDE THAT A HOMEOWNERS ASSOCIATION MAY NOT IMPLEMENT FINES FOR AN EXPIRED 
TAG ON PARKED VEHICLES; AND BY AMENDING SECTION 27-1-60, RELATING TO THE RIGHTS 
OF HOMEOWNERS AND TENANTS TO FLY THE UNITED STATES FLAG, SO AS TO PROVIDE THAT 
HOMEOWNERS AND TENANTS HAVE THE RIGHT TO FLY THE SOUTH CAROLINA STATE FLAG.

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

SECTION 1. Article 1, Chapter 30, Title 
27 of the S.C. Code is amended by adding:

 Section 
27-30-350. (A) All meetings of the 
board of a homeowners association, including any subcommittee or other 
committee of the board, where the business of the association is discussed or 
transacted must be open to all members of record. The board may not use work 
sessions or other informal gatherings of the board to circumvent the open 
meeting requirements of this section. Minutes of the meetings of the board of 
directors must be recorded and must be available.

 (B)(1) Notice of the time, date, and 
place of each meeting of the board or of any subcommittee or other committee of 
the board must be published where it is reasonably calculated to be available 
to a majority of the lot owners.

 (2) A lot owner may make a request to 
be notified on a continual basis of any such meetings. Such request must be 
made at least once a year in writing and include the lot owner's name, address, 
zip code, and any email address as appropriate. Notice of the time, date, and 
place must be sent to any lot owner requesting notice by first-class mail or 
email in the case of meetings of the board or by email in the case of meetings 
of any subcommittee or other committee of the board of directors.

 (3) Notice, reasonable under the 
circumstances, of special or emergency meetings must be given contemporaneously 
with the notice provided to members of the association's board or any 
subcommittee or other committee of the board of directors conducting the 
meeting.

 (4) Unless otherwise exempt as 
relating to an executive session pursuant to subsection (C), at least one copy 
of all agenda packets and materials furnished to members of an association's 
board or subcommittee or other committee of the board for a meeting must be 
made available for inspection by the membership of the association at the same 
time such documents are furnished to the members of the board or any 
subcommittee or committee of the board.

 (5) Any member may record any portion 
of a meeting that is required to be open. The board or subcommittee or other 
committee of the board conducting the meeting may adopt rules governing the 
placement and use of equipment necessary for recording a meeting to prevent 
interference with the proceedings and requiring the member recording the 
meeting to provide notice that the meeting is being recorded.

 (6) Except for the election of 
officers, voting by secret or written ballot in an open meeting is a violation 
of this section.

 (C)(1) Upon the affirmative vote in an 
open meeting to assemble in executive session, the board or any subcommittee or 
other committee of the board may:

 (a) convene in executive session to 
consider personnel matters;

 (b) consult with legal counsel;

 (c) discuss and consider contracts, 
pending or probable litigation, and matters involving violations of the 
declaration or rules and regulations; or

 (d) discuss and consider the personal 
liability of members to the association.

 (2) The motion must state specifically 
the purpose for the executive session. Reference to the motion and the stated 
purpose for the executive session must be included in the minutes. The board 
shall restrict the consideration of matters during such portions of meetings to 
only those purposes specifically exempted and stated in the motion. No 
contract, motion, or other action adopted, passed, or agreed to in executive 
session may become effective unless the board of directors or subcommittee or 
other committee of the board of directors, following the executive session, 
reconvenes in open meeting and takes a vote on such contract, motion, or other 
action, which must have its substance reasonably identified in the open 
meeting. The requirements of this section do not require the disclosure of 
information in violation of law.

 (D) Subject to reasonable rules