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South Carolina House Bill 4147

 

H.4174 began its life as a harmless Tax bill, but is now up for amendment at a late stage, so no formal hearings are required, and a simple up or down vote is all that is standing between the legislation and the future financial health of your Association.

If this piece of Legislation, with the proposed amendments, is passed and signed by the Governor, it will eliminate your ability to implement certain capital assessment programs in the future, specifically, capital contributions paid by the purchasers of property.  These programs have proven to be very beneficial to the communities that have enacted them, providing a means for purchasers to contribute to the capital reserve accounts, just as all previous owners have done over the years.  Although the legislation makes and attempt to grandfather existing capital assessments, it prevents any new transfer capital assessments from being implemented. 

The SC-CAI-LAC only asks for your action when the Legislators must hear from the masses.  Your action is needed TODAY.  Contact links are provided below.

Last year when S-30, the Senate Bill designed to place objectionable restraints on Associations was gaining traction in the Senate, it was the responses of Association representatives like yourself that turned the tide in the Senate.

This is another such time, when the Legislators need to hear the voices of hundreds if not thousands of voters to let them understand they are about to stray off course.

You need to take action Today to call your Legislators to let them know that the new amendment to H.4147 being proposed in the House is detrimental to all Community Associations.  Contact Links are located below.  (Contact Links Provided below.)

How could Legislation be approved without hearings?

The SC-CAI-LAC has no problem with the form of H.4174 that was originally approved by the House and slightly amended by the Senate, and is now back in the House, and could be approved without amendment.  Our problem is with the latest amendments proposed for addition in the House.

The amendment language started out as H.4808.  It was controversial and did not get out of Committee; the House and Senate folks who were aware of the controversies told us not to worry about it; that they had bigger fish to fry and this bill would not likely cross over to the Senate, so would die on the vine. 

Now, at the eleventh hour, they have taken the language of H.4808 and are proposing to attach it to the otherwise innocuous H.4174.  This is dirty politics, and your Legislators need to be made aware that the public understands what they are attempting to do and objects.

The message to the Legislators is:

House Legislators:  Do not further amend H.4174, as proposed last week.  The amendment language would harm the ability of Associations to design beneficial capital funding programs in the future.   H.4808 is the source of the suggested amendment language, and is not germane to H.4174 previously approved by the House, and only slightly modified by the Senate.  H.4808 should stand on its own merits and receive full public input, via the normal Committee/Sub-Committee process.  It has some valid points relative to eliminating ongoing profit motives of developers upon subsequent re-sales, but in its present form it restricts the ability of Associations to design future fair and beneficial funding programs that sustain vibrant, well-maintained Communities.

Senate Legislators:  The House is considering further Amendments to H.4174.  If such amendments are passed back to the Senate, we strongly encourage a No vote. H.4147 was a tax bill, dealing with Title 12 of the SC Code.  The amendments are a real property consideration dealing with Title 27 of the SC Code, thus are not germane to the form of H.4174 originally passed by the Senate.  The amendment language would harm the ability of Associations to design beneficial capital funding programs in the future.   H.4808 which contains the amendment language, should receive full committee review and public comment.  It has some valid points relative to eliminating ongoing profit motives of developers upon subsequent re-sales, but in its present form it restricts the ability of Associations to design future fair and beneficial funding programs that sustain vibrant, well-maintained Communities.

PLEASE ALERT EVERYONE YOU KNOW WHO WOULD BE IMPACTED BY H.4174.

LIST OF SENATE LEGISLATORS here: http://www.scstatehouse.gov/html-pages/housemembers.html  

Below is a list of Individual Contacts of H.4174 Sponsors  Click on the names in Blue to submit a message to each representative directly on-line.  Please also make at least two phone calls.  One to a sponsor below and another to your local representative.

Buddy Harrell – Speaker of the House (not a sponsor of the bill, but he needs to hear from you.)
  * Robert W. Harrell, Jr. [R] 
    Businessman, Speaker of the House
    Dist. No. 114 - Charleston & Dorchester Cos.

(H)

8316 Rivers Ave., Charleston, 29406

 

Bus.

(843) 572-1500

Home

(843) 556-9075

(C)

506 Blatt Bldg., Columbia, 29201

 

Bus.

(803) 734-3125

 

 

 
  * Cathy B. Harvin [D] 
    Sales Management
    Dist. No. 64 - Clarendon & Williamsburg Cos.

(H)

P.O. Box 266, Summerton, 29148

 

Bus.

(803) 485-4602

Home

(803) 485-4602

(C)

310C Blatt Bldg., Columbia, 29201

 

Bus.

(803) 734-3135

 

 

 
  * Dr. Jimmy C. Bales [D] 
    Retired Educator/Residential Home Builder/Farmer
    Dist. No. 80 - Richland Co.

(H)

1515 Crossing Creek Rd., Eastover, 29044

 

 

 

Home

(803) 776-6416

(C)

432C Blatt Bldg., Columbia, 29201

 

Bus.

(803) 734-3058

   
 
  * James H. Harrison [R] 
    Attorney
    Dist. No. 75 - Richland Co.

(H)

198 Preserve Lane, Columbia, 29209

 

Bus.

(803) 256-0049

Home

(803) 783-0777

(C)

512 Blatt Bldg., Columbia, 29201

 

Bus.

(803) 734-3120

Home

(803) 783-0777

 
  * G. Murrell Smith, Jr. [R] 
    Attorney
    Dist. No. 67 - Clarendon & Sumter Cos.

(H)

P.O. Box 580, Sumter, 29151

 

Bus.

(803) 778-2471

Home

(803) 469-4416

(C)

420B Blatt Bldg., Columbia, 29201

 

Bus.

(803) 734-3042

 

 

 
    William T. "Bill" Wylie [R] 
    Bus. and Turnaround Consultant
    Dist. No. 21 - Greenville Co.

(H)

103 Turner Forest Lane, Simpsonville, 29681

 

Bus.

(864) 419-3698

Home

(864) 987-0575

(C)

530D Blatt Bldg., Columbia, 29201

 

Bus.

(803) 212-6883

   
 
  * Leonidas E. "Leon" Stavrinakis [D] 
    Attorney
    Dist. No. 119 - Charleston Co.

(H)

375 Meadow Breeze Lane, Charleston, 29414

 

Bus.

(843) 724-1060

Home

(843) 573-0491

(C)

420D Blatt Bldg., Columbia, 29201

 

Bus.

(803) 734-3039

 

 

 
  * Alan D. Clemmons [R] 
    Real Estate Attorney/Businessman
    Dist. No. 107 - Horry Co.

(H)

1800-A North Oak Street, Myrtle Beach, 29577

 

Bus.

(843) 448-4246

Home

(843) 448-8207

(C)

522B Blatt Bldg., Columbia, 29201

 

Bus.

(803) 734-2994

 

 

LIST OF SENATE LEGISLATORS

There are no specific  sponsors in the Senate, but please contact your local Senator, and the President pro Tempore, Glenn McConnell here   * Glenn F. McConnell [R] 

Below is the link to the Full Senators links, clicking on the blue names takes you to an on-line submission form.  Please also make a phone call or two!

http://www.scstatehouse.gov/html-pages/senatemembers.html

*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 in Association Management for legal advice related to your specific issue and community. Some articles are provided by third 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).