South Dakota 2024 Regular Session

South Dakota Senate Bill SB217

Introduced
1/31/24  
Refer
1/31/24  
Report Pass
2/8/24  
Engrossed
2/12/24  
Refer
2/13/24  
Report Pass
2/28/24  
Enrolled
3/4/24  

Caption

Require disclosure of certain information prior to the sale of property bound by a homeowners' association.

Impact

The bill's provisions are expected to create a more informed purchasing process for buyers, who may otherwise be unaware of the financial implications and governing rules associated with properties in homeowners' associations. By mandating sellers to disclose this critical information prior to sale, SB217 aims to reduce the likelihood of disputes after the transaction and ensures that buyers have access to necessary documentation that can influence their purchasing decision. This shift may also place an onus on sellers to remain vigilant about association regulations and assessments.

Summary

Senate Bill 217 aims to enhance transparency in the transaction of residential properties governed by homeowners' associations. Before a seller can accept a written offer for such properties, they are mandated to provide prospective buyers with specific information, including details about the homeowners' association, governing documents, and any assessment fees. This legislation is set to take effect for all transfers occurring after July 1, 2024 and represents a significant step towards protecting buyers in the residential real estate market.

Sentiment

Feedback on SB217 has generally been favorable among consumer advocacy groups who recognize the bill as a vital tool for enhancing buyer protection. The sentiment seems to reflect a growing acknowledgment of the complexities that homeowners' associations can bring to property ownership. However, some concerns were raised about the burden of compliance on sellers and potential impacts on the real estate market dynamics, suggesting a mixed but largely positive sentiment towards the intent of the bill.

Contention

Notable points of contention revolve around the practicality of enforcing these disclosure requirements. Critics may argue about the possible administrative burden placed on sellers, particularly those who may not have detailed knowledge of their association’s financial status or governing rules. Additionally, there are discussions about how this could slow down the sales process or deter potential buyers due to perceived complexities, thereby potentially impacting the overall housing market. Nevertheless, advocates emphasize that informed buyers are better equipped to make decisions, ultimately benefiting the market's integrity.

Companion Bills

No companion bills found.

Previously Filed As

SD SB26

Transfer a property tax relief program, to change income requirements for certain property tax relief programs, and to index certain income schedules to inflation.

SD SB185

Establish the Committee on Foreign Investment in the United States – South Dakota and revise provisions related to the foreign ownership or control of agricultural land.

SD SB34

Authorize the sale of real property in Lake County by the Board of Regents, and to declare an emergency.

SD SB24

Revise property tax levies for school districts and to revise the state aid to general and special education formulas.

SD SB189

Prohibit purchasing agencies from contracting with companies owned or controlled by certain foreign entities or governments.

SD SB77

Reinstate the restricted real estate broker's license for auctioneers and revise real estate licensing.

SD SB131

Remove certain limitations on property tax levy increases.

SD SB37

Revise provisions pertaining to the South Dakota School for the Deaf.

SD SB176

Modify certain requirements for removal from the sex offender registry.

SD SB141

Clarify and modernize cremation requirements and procedures.

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