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Earlier this summer, Change The Board submitted a draft bill to our legislators who represent Lancaster County. The legislative staff in Columbia edited our draft and returned the text below for our review. Note that the text contains only Sections (B) and (C), which are the heart of our proposed bill. For the sake of brevity, we omitted the lengthy list of legal definitions presented in Section (A) of the bill.
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A BILL |
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TO CHAPTER 1, TITLE 2 7 OF THE 1976 CODE SO AS TO REQUIRE THE DEVELOPER OF A COMMON INTEREST COMMUNITY TO GRADUALLY TRANSFER CONTROL OF THE HOMEOWNERS ASSOCIATION BY PHASING UNIT OWNERS ON TO THE EXECUTIVE BOARD OF THE ASSOCIATION AFTER A CERTAIN PERCENTAGE OF THE UNITS ARE CONVEYED.
Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Chapter 1, Title 27 of the 1976 Code is amended by adding: (B) The declarant of a common interest community must transfer control of the executive board to unit owners by phasing unit owners elected by the unit owners onto the executive board so that no later than sixty days after conveyance of: (1 ) Thirty-three percent (33%) of the units that may be created, at least twenty‑five percent (25%) of the voting interest of the executive board is elected by unit owners other than the declarant; (2) fifty percent (50%) of the units that may be created, at least thirty‑three and one‑third percent (33-1/3%) of the voting interest of the executive board is elected by unit owners other than the declarant; and (3) sixty‑six and two‑thirds percent (66-2/3%) of the units that may be created, at least 50.1 percent of the voting interest of the executive board is elected by unit owners other than the declarant. (C) The provisions of this section apply to all common interest communities created within this State after December 31, 2015.” SECTION 2. This act takes effect upon approval by the Governor. |
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When we submitted our proposed bill to our legislators, we also submitted annotations, or comments, addressing the need for the bill. To read the annotations, please click here.
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