Title 27, Property and Conveyances

This chapter may be cited as the "Uniform Land Sales Practice Act" and, when used herein, unless the context otherwise requires: (1) "Disposition" includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or prof…

(a) The commission shall prescribe reasonable rules after a public hearing with notice of it published once in a newspaper with statewide circulation not less than five days nor more than fifteen days before the hearing and mailed to all subdividers not less than five days nor mo…

(a) The commission may: (1) make the necessary public or private investigations within or outside of this State to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the …

(a) If the commission determines after notice and hearing that a person has: (1) violated any provision of this chapter; (2) directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotional, or sales methods to offer or di…

(a) A registration may be revoked after notice and hearing upon a written finding of fact that the subdivider has: (1) failed to comply with the terms of a cease and desist order; (2) been convicted in any court subsequent to the filing of the application for registration for a c…

A person who has exhausted all administrative remedies available with the commission and who is aggrieved by an order pertaining to registration, a cease and desist order, an order of revocation, or any other final decision of the commission is entitled to review by an administra…

It is unlawful for a person to wilfully violate any provision of this chapter or a regulation adopted under it, or to make an untrue statement of a material fact, or omit to state a material fact in an application for registration. A person who violates any provision of this chap…

(a) Any person who disposes of subdivided lands in violation of SECTION 27-29-40, or who in disposing of subdivided lands makes an untrue statement of a material fact, or who in disposing of subdivided lands omits a material fact required to be stated in a registration statement …

Dispositions of subdivided lands are subject to this chapter, and the circuit court of this State has jurisdiction in claims or causes of action arising under this chapter, if: (1) The subdivider's principal office is located in this State; or (2) Any offer or disposition of subd…

In the proceedings for extradition of a person charged with a crime under this chapter, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other state.

(a) In addition to the methods of service provided for in the rules of civil practice service may be made by delivering a copy of the process to the office of the commission, but it is not effective unless the plaintiff (which may be the commission in a proceeding instituted by i…

This chapter shall be administered by the South Carolina Real Estate Commission.

(a) For the registration of subdivided lands there shall be paid to the commission a registration fee of ten dollars, plus one-tenth of one percent of the maximum aggregate offering price of the registered subdivided lands to be offered in this State up to one hundred thousand do…

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

(a) Unless the method of disposition is adopted for the purpose of evasion of this chapter, the provisions of this chapter do not apply to offers or dispositions of an interest in land: (1) by a purchaser of subdivided lands for his own account in a single or isolated transaction…

Unless the subdivided lands or the transaction is exempt by SECTION 27-29-30: (1) No person may in this State offer or dispose of any interest in subdivided lands prior to the time the subdivided lands are registered in accordance with this chapter; (2) No person may dispose of a…

(a) The application for registration of subdivided lands shall be filed as prescribed by the commission's rules and shall contain the following documents and information: (1) an irrevocable appointment of the South Carolina Real Estate Commission or any duly authorized assistant …

(a) A public offering statement shall disclose fully and accurately the physical characteristics of the subdivided lands offered and shall make known to prospective purchasers all unusual and material circumstances or features affecting the subdivided lands. The proposed public o…

Upon receipt of an application for registration in proper form, the commission shall forthwith initiate an examination to determine that: (1) The subdivider can convey or cause to be conveyed the interest in subdivided lands offered for disposition if the purchaser complies with …

(a) Upon receipt of the application for registration in proper form, the commission shall issue a notice of filing to the applicant. Within ninety days from the date of the notice of filing, the commission shall enter an order registering the subdivided lands or rejecting the reg…

(a) Within thirty days after each annual anniversary date of an order registering subdivided lands, the subdivider shall file a renewal report in the form prescribed by the rules of the commission. The report shall reflect any material changes in information contained in the orig…

This article may be cited as the "South Carolina Homeowners Association Act".

As used in this article: (1) "Board" means the representative body, regardless of name, designated in the governing documents to act on behalf of a homeowners association and govern the association. (2) "Declarant" means a person or group of persons acting in concert who: (a) as …

(A)(1) Except as otherwise provided in this section, in order to be enforceable, a homeowners association's governing documents must be recorded in the clerk of court's, Register of Mesne Conveyance (RMC), or register of deeds office in the county where the property is located. (…

(1) Before a homeowners association may take action to increase an annual budget in any single year, the homeowners association must provide notice to homeowners at least forty-eight hours in advance of the meeting in which a decision to raise the annual budget is made. Notice of…

The access to documents provisions of Sections 33-31-1602, 33-31-1603, 33-31-1604, and 33-31-1605 apply to all homeowners associations not subject to the South Carolina Nonprofit Corporation Act for the purposes of allowing homeowners access to inspect and copy a homeowners assoc…

Pursuant to Section 22-3-10, the magistrates court shall have concurrent jurisdiction to adjudicate monetary disputes arising under this article, provided the dispute meets the jurisdictional requirements of Section 22-3-10.

No provision of this article may be construed to be in conflict with the provisions of the South Carolina Nonprofit Corporation Act.

This article must be known and may be cited as the "Department of Consumer Affairs Services for Homeowners and Homeowners Associations Act".

For the purposes of this article: (1) "Board" means the representative body, regardless of name, designated in the governing documents to act on behalf of a homeowners association and govern the association. (2) "Bylaws" means the document, and amendments to it, that contain the …

The department is authorized to include on its publicly available Internet website: (1) information for homeowners and homeowners associations concerning how they may contact the department on its toll free number or submit complaint forms; (2) information concerning the governan…

(A) The department shall receive and record data from any calls or written complaints from homeowners or homeowners associations. (B) When a call or written complaint is received, the department shall, at a minimum, include the following information to be completed on a form comp…

This chapter shall be known as the "Horizontal Property Act."

The master deed or lease creating and establishing the horizontal property regime shall be executed by the owner or owners of the real property making up the regime and shall be recorded with the register of mesne conveyance or clerk of court of the county where such property is …

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 …

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 foll…

(A) All the co-owners or the sole owner of the property constituted into a horizontal property regime may waive the regime and regroup or merge the records of the individual apartments with the principal property, if the individual apartments are unencumbered, or if encumbered, i…

The merger provided for in SECTION 27-31-130 shall in no way bar the subsequent constitution of the property into another horizontal property regime whenever so desired and upon observance of the provisions of this chapter.

The administration of the property constituted into horizontal property, whether incorporated or unincorporated, shall be governed by bylaws which shall be inserted in or appended to and recorded with the master deed or lease.

The bylaws must necessarily provide for at least the following: (a) Form of administration, indicating whether this shall be in charge of an administrator or of a board of administration, or otherwise, and specifying the powers, manner of removal and, where proper, the compensati…

Each co-owner shall comply strictly with the bylaws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time, and with the covenants, conditions and restrictions set forth in the master deed or lea…

The administrator or the board of administration, or other form of administration specified in the bylaws, shall keep a book with a detailed account, in chronological order, of the receipts and expenditures affecting the property and its administration, and specifying the mainten…

The co-owners of the apartments are bound to contribute pro rata in the percentages computed according to SECTION 27-31-60 toward the expenses of administration and of maintenance and repair of the general common elements and, in the proper case, of the limited common elements of…

Unless it is plainly evident from the context that a different meaning is intended, as used herein: (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 room…

Upon the sale or conveyance of an apartment, all unpaid assessments against a co-owner for his pro rata share in the expenses to which SECTION 27-31-190 refers shall first be paid out of the sales price or by the acquirer in preference over any other assessments or charges of wha…

(a) All sums assessed by the administrator, or the board of administration, or other form of administration specified in the bylaws, but unpaid, for the share of common expenses chargeable to any apartment shall constitute a lien on such apartment prior to all other liens except …