South Carolina General Assembly
113th Session, 1999-2000

Download This Version in Microsoft Word format

Bill 3535


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 12, 1999

H. 3535

Introduced by Rep. Edge

S. Printed 5/12/99--S.

Read the first time March 16, 1999.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3535), 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, as and if amended, page 2, beginning on line 11, in Section 27-31-20, as contained in SECTION 1, by striking lines 11 through 37 in their entirety and inserting therein the following:

/ (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;". /

Amend the bill further, as and if amended, page 3, line 7, in Section 27-31-30, as contained in SECTION 2, by striking line 7 in its entirety and inserting therein the following:

/ structures on the property if all proceeds from its sale are escrowed by a title insurance company doing business within South Carolina until construction or completion of the proposed property as evidenced by issuance of a certificate of occupancy from the appropriate municipal or county authority." /

Amend title to conform.

HOLLY A. CORK, for Committee.

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 EXTEND THE MEANINGS OF THESE TERMS TO APPLY TO PROPOSED OR ANTICIPATED CONSTRUCTION, AS WELL AS EXISTING CONSTRUCTION OR STRUCTURES; 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; 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:

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

"(b) 'Building' means a 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 the following items in existence, or to be constructed or installed:

(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;

(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, in existence or to be constructed, and all easements, rights, and appurtenances belonging thereto;".

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."

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;"

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."

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

----XX----


This web page was last updated on Friday, June 26, 2009 at 2:59 P.M.