Two bills, one dealing with the foreclosure process for homeowners associations and one dealing with HAM radios, have received attention from the South Carolina House of Representatives in the past weeks and are gaining momentum. On March 26, 2024, a subcommittee hearing took place at which both bills were considered. Here is some information about each:
H.4549 (Amateur Radio Antenna Protection Act). This bill has had a number of Representatives add their names to the sponsorship of the bill, which is usually a sign that the bill has positive momentum. This bill may require all HOAs (which may include condominiums and townhomes) to allow homeowners within their associations to install amateur radio antennas on their property. It is not immediately clear what sorts of limits associations may be able to require, whether some areas would be off-limits, or if associations would be required to allow any and all antennas. Although the bill provides that community associations would be allowed to establish reasonable regulations on the location and appearance of antennas that do not prohibit installation or use, the language used in the current version of the bill is an invitation for homeowners and their communities to litigate over what “reasonable regulations” might be and whether a community’s rules can prevent their use.
At the end of testimony, the subcommittee determined that it wanted more information and more detail in the proposed bill before being able to recommend it. It is possible that it may be amended and considered by the subcommittee again this legislative session and more information will be shared if that happens.
H.3180 (Foreclosure in Homeowners Association). As originally drafted, this bill would prohibit a homeowners association from foreclosing under their governing documents and would require creation of that right by statute, rather than a homeowners association’s governing documents. If passed, it would be an alarming change to the state of collection activities for homeowners associations in South Carolina. The Community Associations Institute (CAI) and its South Carolina Legislative Action Committee (SC-LAC) have expressed concerns about this bill and the potentially devastating effects it could have on the financial well-being of community associations in South Carolina. CAI and the SC-LAC have worked closely with other members of the House to propose alterative solutions to the proposed bill. Through that collaboration, an amended version of the bill was proposed and adopted at the subcommittee hearing. The amended version proposes to require an additional hearing in the foreclosure process to ensure that homeowners are given ample opportunity to be made aware of the seriousness of the legal proceedings when a foreclosure has been filed. The amended version was approved by the subcommittee.
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FYI, the SC Legislative Action Committee (SC-LAC) is a committee of the Community Associations Institute. The SC-LAC is a diverse group of homeowner leaders, community managers, and representatives from community association business partners that provide perspective to legislators on how proposed legislation could impact people living and working in community associations. They volunteer countless hours to track legislation, give you a voice with legislators, and keep you informed and involved if problematic legislation is introduced or beneficial legislation needs your support. I am currently serving as the Chair of the SC-LAC for 2023 and 2024. To properly do its job, the SC-LAC needs funds for letters, mailings and other costs related to advocating for laws that benefit communities.
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