H*3535(Rat #0155, Act #0086 of 1999)  General Bill, By Edge
 A BILL TO AMEND SECTION 27-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE DEFINITIONS OF "BUILDING", "GENERAL COMMON ELEMENTS", AND
 "PROPERTY" IN THE HORIZONTAL PROPERTY ACT, SO AS TO PROVIDE THAT THESE
 DEFINITIONS APPLY TO EXISTING, PROPOSED, OR TO BE CONSTRUCTED STRUCTURES,
 COMMON ELEMENTS, OR LAND AND BUILDINGS AS APPROPRIATE; TO AMEND SECTION
 27-31-30, RELATING TO THE PROVISIONS APPLICABLE TO THE ESTABLISHMENT OF A
 HORIZONTAL PROPERTY REGIME, SO AS TO PROVIDE THAT PROPERTY MAY BE SUBMITTED TO
 SUCH A REGIME PRIOR TO CONSTRUCTION OR THE COMPLETION OF ANY BUILDING OR
 APARTMENT, IMPROVEMENTS, OR STRUCTURES ON THE PROPERTY UNDER CERTAIN
 CONDITIONS; TO AMEND SECTION 27-31-100, AS AMENDED, RELATING TO THE HORIZONTAL
 PROPERTY ACT AND THE CONTENTS OF THE MASTER DEED OR LEASE, SO AS TO PROVIDE
 THAT THE MASTER DEED OR LEASE SHALL SET FORTH THE DESCRIPTION OF THE LAND,
 WHETHER LEASED OR IN FEE SIMPLE, AND THE BUILDING OR BUILDINGS IN EXISTENCE OR
 TO BE CONSTRUCTED, IF APPLICABLE, AND THEIR RESPECTIVE AREAS; AND TO AMEND
 SECTION 27-31-110, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE REQUIREMENT
 THAT THE PLOT PLAN AND BUILDING PLAN ACCOMPANY THE MASTER DEED OR LEASE, SO AS
 TO EXTEND THE PROVISIONS OF THE SECTION TO PROPOSED OR ANTICIPATED BUILDINGS
 OR CONSTRUCTION, AS WELL AS BUILDINGS OR CONSTRUCTION ALREADY
 EXISTING.-AMENDED TITLE

   02/16/99  House  Introduced and read first time HJ-7
   02/16/99  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-7
   03/10/99  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-4
   03/11/99  House  Read second time HJ-19
   03/15/99  House  Read third time and sent to Senate HJ-7
   03/16/99  Senate Introduced and read first time SJ-8
   03/16/99  Senate Referred to Committee on Judiciary SJ-8
   05/12/99  Senate Committee report: Favorable with amendment
                     Judiciary SJ-19
   05/13/99  Senate Amended SJ-36
   05/13/99  Senate Read second time SJ-36
   05/13/99  Senate Ordered to third reading with notice of
                     amendments SJ-36
   05/18/99  Senate Read third time and returned to House with
                     amendments SJ-11
   05/25/99  House  Debate adjourned on amendments HJ-184
   05/26/99  House  Senate amendment amended HJ-67
   05/26/99  House  Returned to Senate with amendments HJ-68
   06/01/99  Senate Concurred in House amendment and enrolled
   06/09/99         Ratified R 155
   06/11/99         Signed By Governor
   06/11/99         Effective date 06/11/99
   07/01/99         Copies available
   07/06/99         Act No. 86

AN ACT TO AMEND SECTION 27-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "BUILDING", "GENERAL COMMON ELEMENTS", AND "PROPERTY" IN THE HORIZONTAL PROPERTY ACT, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO EXISTING, PROPOSED, OR TO BE CONSTRUCTED STRUCTURES, COMMON ELEMENTS, OR LAND AND BUILDINGS AS APPROPRIATE; TO AMEND SECTION 27-31-30, RELATING TO THE PROVISIONS APPLICABLE TO THE ESTABLISHMENT OF A HORIZONTAL PROPERTY REGIME, SO AS TO PROVIDE THAT PROPERTY MAY BE SUBMITTED TO SUCH A REGIME PRIOR TO CONSTRUCTION OR THE COMPLETION OF ANY BUILDING, APARTMENT, IMPROVEMENTS, OR STRUCTURES ON THE PROPERTY UNDER CERTAIN CONDITIONS; TO AMEND SECTION 27-31-100, AS AMENDED, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE CONTENTS OF THE MASTER DEED OR LEASE, SO AS TO PROVIDE THAT THE MASTER DEED OR LEASE SHALL SET FORTH THE DESCRIPTION OF THE LAND, WHETHER LEASED OR IN FEE SIMPLE, AND THE BUILDING OR BUILDINGS IN EXISTENCE OR TO BE CONSTRUCTED, IF APPLICABLE, AND THEIR RESPECTIVE AREAS; AND TO AMEND SECTION 27-31-110, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE REQUIREMENT THAT THE PLOT PLAN AND BUILDING PLAN ACCOMPANY THE MASTER DEED OR LEASE, SO AS TO EXTEND THE PROVISIONS OF THE SECTION TO PROPOSED OR ANTICIPATED BUILDINGS OR CONSTRUCTION, AS WELL AS BUILDINGS OR CONSTRUCTION ALREADY EXISTING.

Be it enacted by the General Assembly of the State of South Carolina:

Definitions revised

SECTION 1. Section 27-31-20(b), (f), and (k) of the 1976 Code are amended to read:

"(b) 'Building' means an existing or proposed structure or structures, containing in the aggregate two or more apartments, comprising a part of the property;

(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 in existence or to be constructed or installed;

(3) The basements, flat roofs, yards, and gardens, in existence or to be constructed or installed, except as otherwise provided or stipulated;

(4) The premises for the lodging of janitors or persons in charge of the property, in existence or to be constructed or installed, 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, in existence or to be constructed or installed;

(6) The elevators, garbage incinerators, and, in general, all devices or installations existing or to be constructed or installed for common use;

(7) All other elements of the property, in existence or to be constructed or installed, rationally of common use or necessary to its existence, upkeep, and safety;

(k) 'Property' means and includes (1) the land whether leasehold or in fee simple and whether or not submerged, (2) the building, all improvements, and structures on the land, in existence or to be constructed, and (3) all easements, rights, and appurtenances belonging thereto;"

Property submitted prior to construction or completion

SECTION 2. Section 27-31-30 of the 1976 Code is amended to read:

"Section 27-31-30. Whenever a lessee, sole owner, or the co-owners of property expressly declare, through the recordation of a master deed or lease, which shall set forth the particulars enumerated in Section 27-31-100, their desire to submit their property to the regime established by this chapter, there shall thereby be established a horizontal property regime. Property may be submitted to a horizontal property regime prior to construction or the completion of any building or apartment, improvements, or structures on the property if all proceeds from its sale are deposited into an escrow account with an independent escrow agent until construction or completion of the proposed property as evidenced by issuance of a certificate of occupancy from the appropriate municipal or county authority. In lieu of any escrow required by this section, the escrow agent may accept a surety bond issued by a company licensed to do business in this State as surety in an amount equal to or in excess of the funds that would otherwise be placed in the escrow account with the South Carolina Real Estate Commission designated as beneficiary of any such surety bond."

Master deed description

SECTION 3. Section 27-31-100(a) of the 1976 Code is amended to read:

"(a) The description of the land whether leased or in fee simple, and the building or buildings in existence or to be constructed, if applicable, expressing their respective areas;"

Plot plan and building plan requirements

SECTION 4. 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 which is proposed or in existence 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 completed or proposed construction showing the location of the building which is proposed or in existence 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."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Ratified the 9th day of June, 1999.

Approved the 11th day of June, 1999.