H*2631 Session 105 (1983-1984)
H*2631(Rat #0549, Act #0463 of 1984) General Bill, By J.P. Gardner
Similar(S 732)
A Bill to amend Section 27-31-20, Code of Laws of South Carolina, 1976,
relating to definitions for purposes of the Horizontal Property Act, so as to
revise certain definitions, to amend Sections 27-31-100, 27-31-110, and
27-31-120, relating to the contents of the master deed or lease and required
attachments thereto, so as to further provide for the contents of the master
deed or lease and the required attachments, and to amend Section 27-31-250,
relating to the requirement that insurance benefits be used to reconstruct the
building, so as to further provide for this requirement.
03/08/83 House Introduced and read first time HJ-1340
03/08/83 House Referred to Committee on Labor, Commerce and
Industry HJ-1340
05/25/83 House Committee report: Favorable Labor, Commerce and
Industry HJ-3042
05/31/83 House Objection by Rep. Cork, Kinard, Hearn, Simpson, &
Winstead HJ-3278
02/02/84 House Objection withdrawn by Rep. Simpson HJ-812
04/25/84 House Objection withdrawn by Rep. Cork, Hearn &
Winstead HJ-2622
05/02/84 House Amended HJ-2815
05/02/84 House Read second time HJ-2816
05/03/84 House Read third time and sent to Senate HJ-2858
05/08/84 Senate Introduced and read first time SJ-1710
05/08/84 Senate Referred to Committee on Judiciary SJ-1711
05/23/84 Senate Recalled from Committee on Judiciary SJ-1893
05/24/84 Senate Read second time SJ-1927
05/24/84 Senate Ordered to third reading with notice of
amendments SJ-1927
05/30/84 Senate Amended SJ-2132
05/30/84 Senate Read third time SJ-2133
05/30/84 Senate Returned SJ-2133
05/31/84 House Concurred in Senate amendment and enrolled HJ-3532
06/13/84 Ratified R 549
06/18/84 Signed By Governor
06/18/84 Effective date 06/18/84
06/18/84 Act No. 463
07/02/84 Copies available
(A463, R549, H2631)
AN ACT TO AMEND SECTION 27-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO DEFINITIONS FOR PURPOSES OF THE HORIZONTAL PROPERTY ACT, SO AS TO
REVISE CERTAIN DEFINITIONS AND TO PROVIDE THAT SUBMERGED LAND DEVELOPED OR USED
UNDER THE HORIZONTAL PROPERTY ACT IS SUBJECT TO ANY LAWS RELATING TO THE LEASING
OF SUBMERGED LANDS BY THE STATE FOR THE BENEFIT OF THE PUBLIC, TO AMEND SECTIONS
27-31-100, 27-31-110, AND 27-31-120, RELATING TO THE CONTENTS OF THE MASTER DEED
OR LEASE AND REQUIRED ATTACHMENTS THERETO, SO AS TO FURTHER PROVIDE FOR THE
CONTENTS OF THE MASTER DEED OR LEASE AND THE REQUIRED ATTACHMENTS, AND TO AMEND
SECTION 27-31-250, RELATING TO THE REQUIREMENT THAT INSURANCE BENEFITS BE USED
TO RECONSTRUCT THE BUILDING, SO AS TO FURTHER PROVIDE FOR THIS REQUIREMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Definitions
SECTION 1. Items (a), (f), (g), and (k) of Section 27-31-20 of the 1976 Code are
amended to read:
"(a) 'Apartment' means a part of the property intended for any type of
independent use (whether it be for residential, recreational, storage, or
business) including one or more rooms or enclosed spaces located on one or more
floors (or parts thereof) in a building or if not in a building in a separately
delineated place whether open or enclosed and whether for the storage of an
automobile, moorage of a boat, or other lawful use, and with a direct exit to a
public street or highway, or to a common area leading to such street or highway;
(f) 'General common elements' means and includes:
(1) The land whether leased or in fee simple and whether or not submerged on
which the apartment or building stands; provided, however, that submerged land
developed or used under this chapter is subject to any law enacted relating to
the leasing of submerged lands by the State for the benefit of the public;
(2) The foundations, main walls, roofs, halls, lobbies, stairways, moorages,
walkway docks, and entrance and exit or communication ways;
(3) The basements, flat roofs, yards, and gardens, except as otherwise provided
or stipulated;
(4) The premises for the lodging of janitors or persons in charge of the
property, except as otherwise provided or stipulated;
(5) The compartments or installations of central services such as power, light,
gas, cold and hot water, refrigeration, reservoirs, water tanks and pumps, and
the like;
(6) The elevators, garbage incinerators and, in general, all devices or
installations existing for common use;
(7) All other elements of the property rationally of common use or necessary
to its existence, upkeep, and safety;
(g) 'Limited common elements' means and includes those common elements which
are agreed upon by all the co-owners to be reserved for the use of a certain
number of apartments to the exclusion of the other apartments, such as special
corridors, stairways, elevators, finger piers, sanitary services common to the
apartments of a particular floor, and the like;
(k) 'Property' means and includes the land whether leasehold or in fee simple
and whether or not submerged, the building, all improvements, and structures on
the land, and all easements, rights, and appurtenances belonging thereto;".
Description of land
SECTION 2. Subsection (a) of Section 27-31-100 of the 1976 Code is amended to
read:
"(a) The description of the land whether leased or in fee simple and the
building if applicable, expressing their respective areas;".
Map or plat must be attached
SECTION 3. Section 27-31-110 of the 1976 Code is amended to read:
Section 27-31-110. There must be attached to the master deed or lease, at the
time it is filed for record a map or plat showing the horizontal and vertical
location of any building and other improvements within the property boundary,
which shall have the seal and signature of a registered land surveyor licensed
to practice in this State. There must also be attached a plot plan of the
proposed construction showing the location of the building and other
improvements, and a set of floor plans of the building which must show
graphically the dimensions, area, and location of each apartment therein and the
dimension, area, and location of common elements affording access to each
apartment. Other common elements, both limited and general, must be shown
graphically insofar as possible and must be described in detail in words and
figures. The building plans must be certified to by an engineer or architect
authorized and licensed to practice his profession in this State.
Apartment must be designated
SECTION 4. Section 27-31-120 of the 1976 Code is amended to read:
"Section 27-31-120. Each apartment must be designated, on the plans
referred to in Section 27-31-110, by letter or number or other appropriate
designation and any conveyance, lease, or other instrument affecting title to the
apartment, which describes the apartment by using the letter or number followed
by the words 'in Horizontal Property Regime,' is deemed to contain a good and
sufficient description for all purposes. Any conveyance or lease of an
individual apartment is deemed to also convey or lease the undivided interest of
the owner in the common elements, both general and limited, appertaining to the
apartment without specifically or particularly referring to same."
Insurance indemnity must be applied to reconstruct - exceptions
SECTION 5. Section 27-31-250 of the 1976 Code is amended to read:
"Section 27-31-250. In case of fire or any other disaster, the insurance
indemnity must, except as provided in the following paragraph, be applied to
reconstruct the building or other structure.
Reconstruction is not compulsory where it comprises the whole or more than
two-thirds of the property. In this case, and unless otherwise unanimously
agreed upon by the co-owners, the indemnity must be delivered pro rata to the
co-owners entitled to it in accordance with provision made in the bylaws or in
accordance with a decision of three-fourths of the co-owners if there is no bylaw
provision.
Should it be proper to proceed with the reconstruction, the provisions for this
eventuality made in the bylaws shall be observed, or, in lieu thereof, the
decision of the council of co-owners shall prevail."
Description of legal rights and obligations
SECTION 6. Item (f) of Section 27-31-100 of the 1976 Code is amended to read:
"(f) A description of the full legal rights and obligations, both
currently existing and which may occur, of the apartment owner, the co-owners,
and the person establishing the regime. The master deed of any horizontal
property regime developed under the provisions of this chapter that contains any
submerged land shall contain a notice of restriction stating that all activities
on or over and all uses of the submerged land or other critical areas are subject
to the jurisdiction of the Coastal Council, including, but not limited to, the
requirement that any activity or use must be authorized by the South Carolina
Coastal Council. The notice shall further state that any owner is liable to the
extent of his ownership for any damages to, any inappropriate or unpermitted uses
of, and any duties or responsibilities concerning any submerged land, coastal
waters, or any other critical area."
Time effective
SECTION 7. This act shall take effect upon approval by the Governor. |