Several hundred people attended a forum about the proposed homeowners association bill this morning.
The panel included three lawyers and two representatives from property and HOA management companies, most of who opposed the legislation because they thought it would burden condo associations, add additional fees and create contradictions with legislation that currently governs HOAs. Some of those attending said the legislation is important and will provide homeowners additional ways to deal with problems with HOAs.
The South Carolina Homeowners' Association Act was introduced by the state Senate this year and is expected to be addressed during the next legislative session.
The bill would require associations to make their financial records for the past three years available to members, limit annual increases on assessments and allow the S.C. Department of Consumer Affairs to mediate disputes.
Cindy Bonner, of Ally Management, Inc., a company that mainly manages condo HOAs, said that she doesn't see a need for additional legislation with those organizations and that the new financial rules would limit the board's ability to collect dues.
“I can't see anything positive that this would do,” she said. “I think it would create a lot of confusion.”
She said that it is already difficult in many communities to fill HOA boards, and would be nearly impossible to fill positions on the panels the legislation proposes to help settle disputes.
A key debate was how the legislation would apply to single family homes property owners associations of condo HOAs, which already have more regulations.
Holly Roy of Myrtle Beach said that the discussion should have been more focused on single family home organizations, which would benefit from the legislation. She said the key issue is having a place to go when the HOA board is unresponsive, she said.
“You have no recourse,” she said. “Homeowners have no one else to go to.”
Roy said she'd be willing to pay the $10 a year per property proposed by the legislation if it meant she would have a place to take her complaints.
Brian Kernaghan, a lawyer at the Nexsen Pruet Law Firm, disagrees and called the fee another tax he doesn't think people should have to pay.
“Do we need legislation? I think we really do, to address these types of concerns but I don't believe we need this kind of act,” he said.
Where do you stand on the proposed legislation? Add your comments to the discussion below.
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