South Carolina S 903: HOA Change

Bill Text

2025-2026 Bill 903 Text of Previous Version (Apr. 16, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 903

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

Committee Amendment Adopted

April 16, 2026

S. 903

Introduced by Senators Young, Grooms, Johnson, 
Zell, Stubbs and Kimbrell 

S. Printed 4/16/26--S.

Read the first time February 10, 2026

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 27-30-130, RELATING TO THE ENFORCEABILITY OF GOVERNING DOCUMENTS, 
RECORDING REQUIREMENTS, RULES, REGULATIONS, AND AMENDMENTS, SO AS TO REQUIRE 
CERTAIN HOMEOWNERS ASSOCIATION DOCUMENTS TO BE SUBJECT TO SECTION 30-5-30.

 Amend Title To Conform

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

SECTION 1. Section 27-30-120(4) of the S.C. Code is amended to 
read:

 (4) "Governing documents" means 
declaration, master deeds, or bylaws, rules, or regulations, or any amendments to the 
declaration, master deeds, or bylaws, rules, or regulations.

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

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

 (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 the governing documents 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 eachthe year following their 
adoption or amendment.

SECTION 3. Section 27-30-130(D) of the S.C. Code is amended to 
read:

 (D) The(1) On and after January 1, 2027, recording of the rules, regulations, bylaws, and amendments to rules and 
regulationsgoverning documents are not is subject to the 
requirements of witnesses and acknowledgements required under Section 30-5-30.

 (2) Each governing document may be 
recorded as an exhibit to an instrument that satisfies the requirements of 
Section 30-5-30 and specifically identifies and incorporates each governing 
document by reference. When recorded as exhibits, each governing document does 
not require separate witnessing or acknowledgment pursuant to Section 30-5-30.

 (3) Governing documents recorded prior 
to January 1, 2027, are not subject to the witness and acknowledgment 
requirements of Section 30-5-30 and are valid, effective, and enforceable if 
not separately witnessed or acknowledged pursuant to Section 30-5-30.

SECTION 4. This act takes effect upon approval 
by the Governor.

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This web page was last updated on April 16, 2026 at 03:50 PM