TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "HOMEOWNERS' ASSOCIATION REGIME FEE FAIRNESS TO DEPLOYED SERVICE MEMBERS ACT" BY ADDING SECTION 27-1-75 SO AS TO PROVIDE A HOMEOWNERS' ASSOCIATION MAY NOT ENFORCE A LIEN FOR HOMEOWNERS' ASSOCIATION REGIME FEES THAT ACCRUE AND ARE NOT PAID DURING THE TIME PERIOD THAT THE HOMEOWNER IS DEPLOYED OR MOBILIZED OUTSIDE OF THIS STATE UNTIL THE HOMEOWNER RETURNS FROM DEPLOYMENT, TO PROVIDE A HOMEOWNERS' ASSOCIATION MAY NOT ASSESS OR IMPOSE PENALTIES FOR HOMEOWNERS' ASSOCIATION REGIME FEES NOT PAID DURING THE TIME PERIOD THAT THE HOMEOWNER IS DEPLOYED OR MOBILIZED OUTSIDE OF THIS STATE; TO MAKE THE PROVISIONS OF THIS ACT ALSO APPLICABLE TO DEPENDENTS RESIDING WITH THE SERVICE MEMBER; TO DEFINE NECESSARY TERMINOLOGY; AND TO MAKE THESE PROVISIONS RETROACTIVE TO JANUARY 1, 2015.
Whereas, South Carolina is deeply proud to be home to eight major military bases and approximately 111,500 active, reserve, and retired members of the armed forces; and
Whereas, South Carolina tremendously appreciates the sacrifices these soldiers have made to secure freedom for our nation; and
Whereas, the United States Congress and this State have implemented many protections to ensure our deployed service members are able to serve without having to worry about problems that might arise at home, and that their rights are protected especially during deployment; and
Whereas, to further ensure that no question exists about the protection of the rights of the deployed with respect to the payment of homeowners' association regime fee dues assessed during their deployment, we find additional measures are appropriate. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act must be known and may be cited as the "Homeowners' Association Regime Fee Fairness to Deployed Service Members Act".
SECTION 2. Chapter 1, Title 27 of the 1976 Code is amended by adding:
"Section 27-1-75. (A) A homeowners' association may not:
(1) enforce a lien for homeowners' association regime fees that accrue and are not paid during the time period that the homeowner is deployed or mobilized outside of this State, and until the homeowner returns from deployment; or
(2) assess or impose penalties for homeowners' association regime fees not paid during the time period that the homeowner is deployed or mobilized outside of this State.
(B) The provisions of this section also apply to dependents residing with the service member.
(C) The provisions of this section may not be waived by contact, and such a purported waiver is void.
(D) As used in this subsection, 'homeowners' association' means an organization that is organized and operated to provide for the acquisition, construction, management, and maintenance of property."
SECTION 3. This act takes effect upon approval by the Governor and is retroactive to January 1, 2015.