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COMMITTEE REPORT
March 10, 1999
H. 3535
S. Printed 3/10/99--H.
Read the first time February 16, 1999.
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
That they have duly and carefully considered the same, and recommend that the same do pass:
HARRY F. CATO, for Committee.
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.
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