The bill H. 3847 aims to amend the South Carolina Code of Laws by adding Section 27-1-80, which stipulates that any regulations concerning the use, disposition, sale, or any imposition of prohibitions, restrictions, fees, or taxes on co-owned homes must be established by the General Assembly. This legislation emphasizes the importance of property rights and the public policy favoring the transferability of interests in real property without unreasonable constraints. It defines a "co-owned home" as a residential dwelling jointly owned by individuals or entities for their use and enjoyment.
Furthermore, the bill asserts that it supersedes any municipal ordinances that attempt to regulate co-owned homes in the specified manners, while still allowing counties to maintain regulatory authority. Municipalities retain the ability to regulate the rental of co-owned homes, provided such regulations do not infringe on the owners' use or their guests' enjoyment of the property, as long as no fees are charged to guests. Additionally, municipalities can enforce land use regulations that apply equally to all residential dwellings, including co-owned homes, without treating them as commercial properties. The act will take effect upon the Governor's approval.
Statutes affected: 01/30/2025: 27-1-80
Latest Version: 27-1-80