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3535Ratification Number: 155Act Number: 86Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19990216Primary Sponsor: EdgeAll Sponsors: EdgeDrafted Document Number: l:\council\bills\nbd\11158jm99.docDate Bill Passed both Bodies: 19990601Date of Last Amendment: 19990526Governor's Action: SDate of Governor's Action: 19990611Subject: Property, Rental; Horizontal property regime, buildings or construction, master deed or lease, plot or building planHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990702 Act No. A86 ------ 19990611 Signed by Governor ------ 19990609 Ratified R155 Senate 19990601 Concurred in House amendment, enrolled for ratification House 19990526 Senate amendments amended, returned to Senate with amendment House 19990525 Debate adjourned on Senate amendments until Wednesday, 19990526 Senate 19990518 Read third time, returned to House with amendment Senate 19990513 Read second time, ordered to third reading with notice of general amendments Senate 19990513 Committee amendment adopted Senate 19990512 Committee report: Favorable with 11 SJ amendment Senate 19990316 Introduced, read first time, 11 SJ referred to Committee House 19990315 Read third time, sent to Senate House 19990311 Read second time House 19990310 Committee report: Favorable 26 HLCI House 19990216 Introduced, read first time, 26 HLCI referred to Committee Versions of This Bill Revised on March 10, 1999 - Word format Revised on May 12, 1999 - Word format Revised on May 13, 1999 - Word format Revised on May 26, 1999 - Word format
(A86, R155, H3535)
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:
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."
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.
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