Bill 2631

                    Current Status

Bill Number:               2631
Ratification Number:       549
Act Number:                463
Introducing Body:          House
Subject:                   Relating to definitions for purposes of
                           the Horizontal Property Act

(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.