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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-80, SO AS TO REQUIRE THE DEVELOPER OF A COMMON INTEREST COMMUNITY TO TRANSFER CONTROL OF THE HOMEOWNERS' ASSOCIATION BY PHASING UNIT OWNERS ONTO THE EXECUTIVE BOARD OF THE ASSOCIATION AFTER A CERTAIN PERCENTAGE OF THE UNITS ARE CONVEYED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 27 of the 1976 Code is amended by adding:
"Section 27-1-80. (A) As used in this section:
(1) 'Association' means the unit owners' association organized no later than the date the first unit in the common interest community is conveyed and is organized as a business or nonstock corporation, trust, partnership, or unincorporated association. The term also includes a homeowners' association.
(2) 'Common elements' means:
(a) in the case of:
(i) a condominium or cooperative, all portions of the common interest community other than the units; and
(ii) a planned community, any real property within a planned community owned or leased by the association, other than a unit;
(b) in all common interest communities, any other interests in real property for the benefit of unit owners which are subject to the declaration.
(3) 'Common interest community' means real property described in a declaration with respect to which a person, by virtue of his ownership of a unit, is obligated to pay for a share of services and other expenses related to common elements, other units, or any other real property other than that unit described in the declaration. Such expenses include, but are not limited to:
(a) real property taxes;
(b) insurance premiums;
(c) maintenance; and
For purposes of this item, 'ownership of a unit' includes holding a leasehold interest of forty years or more in a unit, including renewal options. 'Ownership of a unit' does not include the interest which a resident holds in a mutual housing association by virtue of either a state contract for financial assistance or an individual occupancy agreement. An association of property owners funded solely by voluntary payments from those owners is not a common interest community.
(4) 'Condominium' means a common interest community in which portions of the real property are designated for separate ownership and the remainder of the real property is designated for common ownership solely by the owners of those portions. A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
(5) 'Cooperative' means a common interest community in which the real property is owned by an association, each of whose members is entitled by virtue of his ownership interest in the association to exclusive possession of a unit.
(6) 'Declarant' means any person or group of persons acting in concert who:
(a) as part of a common promotional plan, offers to dispose of his interest in a unit not previously disposed of; or
(b) reserves or succeeds to any special declarant right.
(7) 'Declaration' means any instruments, however denominated, that create a common interest community, including any amendments to those instruments.
(8) 'Executive board' means the body, regardless of name, designated in the declaration to act on behalf of the association.
(9) 'Planned community' means a common interest community that is not a condominium or a cooperative. A condominium or cooperative may be part of a planned community.
(10) 'Unit' means a physical portion of the common interest community designated for separate ownership or occupancy.
(11) 'Unit owner' means a declarant or other person who owns a unit, or a lessee of a unit in a leasehold common interest community whose lease expires simultaneously with any lease the expiration or termination of which will remove the unit from the common interest community, but does not include a person having an interest in a unit solely as security for an obligation.
(B) The declarant of a common interest community must transfer control of the executive board to unit owners by phasing unit owners, elected by the unit owners, onto the executive board so that no later than sixty days after conveyance of:
(1) thirty-three percent of the units that may be created, at least twenty-five percent of the voting interest of the executive board is elected by unit owners other than the declarant;
(2) fifty percent of the units that may be created, at least thirty-three and one-third percent of the voting interest of the executive board is elected by unit owners other than the declarant;
(3) sixty-six and two-thirds percent of the units that may be created, at least forty-five percent of the voting interest of the executive board is elected by unit owners other than the declarant; and
(4) ninety percent of the units that may be created, at least fifty-one percent of the voting interest of the executive board is elected by unit owners other than the declarant.
(C) The provisions of this section apply to all common interest communities created within this State after December 31, 2016."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on March 17, 2016 at 11:26 AM