concurring in a separate opinion.
Because I disagree with the reasoning of the circuit court, I concur in the majority opinion. In my view, whether a class action is compatible with the Notice and Opportunity to Cure Construction Dwelling Defects Act (Act) remains an open question.
The circuit court noted that the mandatory language of S.C.Code Ann. § 40-59-840 requires a homeowner to meet notice requirements before filing a lawsuit. The circuit court held that absent compliance with the pre-filing notice requirements, putative class members could not individually bring the claims made in the complaint. Consequently, the circuit court granted the Respondents’ motion to strike class allegations *578from the complaint, reasoning that “[t]he named-plaintiffs cannot use a class action to avoid the requirements of the Act on behalf of the putative class members.” I disagree with the circuit’s court premise, as I believe putative class members could individually bring claims without first meeting the prefiling requirements of § 40-59-840, though such claims may be stayed pending compliance.
I do not disagree with the circuit court that S.C.Code Ann. § 40-59-840 requires a plaintiff to meet the notice requirements before filing a lawsuit. However, I differ with the circuit court as to the consequence of failing to do so. The circuit court would hold that the consequence of failing to meet pre-filing notice requirements is that the court will not recognize the suit as “filed.” In my opinion, this position cannot be correct given § 40-59-830, which (1) explicitly recognizes a situation where a party has filed a lawsuit before satisfying the notice requirements and (2) permits the court to allow the case to proceed unless a party makes a motion to stay the case, pending compliance.
In my view, the consequence of filing a lawsuit before meeting the notice requirements is simply that, upon the motion of a party, the plaintiff may not proceed with the lawsuit without first coming into compliance. With this construction, § 40-59-840 and § 40-59-830 can be harmonized.
I disagree with the circuit court’s view that § 40-59-830 applies only to those persons who mistakenly filed the action before complying with the Act. I can find nothing in the statute to support this position. Moreover, policy reasons militate against an interpretation that not only excuses, but encourages ignorance of the law and leads to incongruous results. For example, assume two parties are within 80 days of the statute of limitations. One party researches the applicable law and the other party does not. Under the circuit court’s rule, if both parties thereafter filed lawsuits, without complying with the notice requirements, the party who failed to familiarize himself with the applicable law is not barred by the statute of limitations while the party who diligently inquired into the law is barred. Such cannot be the intent of the General Assembly.
*579For these reasons, I disagree with the circuit court’s decision to strike the class action allegations due to the putative class members’ failure to comply with the notice provisions. I would therefore reverse the order of the circuit court. I express no opinion as to whether a class action is compatible with the Act.7
. It appears from the Record that the circuit court did not rule on the remainder of Respondents’ motion, specifically that part of the motion requesting a stay pursuant to § 40-59-830. Consequently, under my view, the court may consider this part of the motion on remand.