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SC Foreclosure Bill Passed House, Now in Senate—Potential Impacts on Your HOA

David Wilson

As recently reported in previous articles, the South Carolina Legislature is considering a bill that impacts the ability of community associations to collect assessments from non-paying members of their communities. 

As originally drafted, the bill would have eliminated a community association’s ability to foreclose.  However, the Community Associations Institute (CAI) and its South Carolina Legislative Action Committee (SC-LAC) worked closely with members of the SC House of Representatives to propose an alternative approach to the original bill.  As a result, the proposed new law would 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 by their HOA or condo.

The amended version described above was approved by the full House on April 10th after some last minute maneuvers.  The amended bill has now moved to the Senate and is currently in the Senate Judiciary Committee.  It remains to be seen whether the Senate will take up the bill before the Legislature adjourns for the year, but any updates will be posted here.


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. 

Please consider a contribution to the SC-LAC by visiting the CAI* Legislative Action Committee donor page.

Author: David Wilson
Articles have been Reprinted with permission from Black, Slaughter, Black.

* These articles and related content on this website are provided without warranty of any kind and in no way constitute or provide legal advice. You are advised to contact an attorney specializing in Association Management for legal advice related to your specific issue and community. Some articles are provided by thrid parties and online services. Display of these articles does in no way endorse the products or services of Community Association Management by the author(s).