reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-180. Registration of persons engaging in the sale of vacation time sharing plans; form and contents; exemption for regular employees of seller; fees; seller's supervision and control; renewal.

(A) Except as provided in subsection (B) of this section, a person desiring to engage in the sale of vacation time sharing plans on behalf of a seller shall first register with the commission. The registration must be submitted to the commission by the person on a form prescribed by the commission and including the name, address, and telephone number of the person and additional information as requested by the commission.
(B) Regular employees of the seller are exempt from the registration requirements of subsection (A) and from all licensing requirements of Chapter 57 of Title 40.
(C) A person registering pursuant to this section shall pay an initial registration fee in the amount of one hundred dollars. This fee must accompany the registration application submitted to the commission.
(D) The seller shall supervise, manage, and control all aspects of the offering and sale of a vacation time sharing plan. A violation of this chapter by a registrant employed by a seller as an independent contractor, either directly or through a third party, in connection with the offering or sales of interests in vacation time sharing plans may be considered to be a violation by the seller, as well as by the registrant who committed the violation, if the seller knew or should have known of the conduct constituting the violation.
(E) The registration of a person registered pursuant to this section is subject to annual renewal, on or before June thirtieth, upon submission of a renewal application in a form as the commission prescribes and payment of a fifty-dollar renewal fee. Failure to timely renew results in cancellation of the registration.
HISTORY: 1981 Act No. 106, Section 3; 1994 Act No. 385, Section 48; 2003 Act No. 84, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-200. Vacation Time Sharing Recovery Fund.

(A) There is created a special fund known as the " Vacation Time Sharing Recovery Fund", which must be maintained by the commission and funded as provided for the payment of claims to persons injured by the acts of persons registered or licensed pursuant to this chapter.
(B) The funds must be held and accumulated from year to year in the State Treasury in a special fund for the commission, designated as the "South Carolina Vacation Time Sharing Recovery Fund". The fund is a continuing fund not subject to fiscal year limitations, and is under the administrative direction of the commission. Expenditures from this fund must be made in accordance with the provisions of this chapter without legislative appropriation. Warrants for expenditures from the fund must be drawn by the Comptroller General pursuant to claims approved and signed by the commission.
HISTORY: 1981 Act No. 106, Section 5; 1994 Act No. 385, Section 50; 2003 Act No. 84, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-210. Recovery from fund; conditions.

(A) A person aggrieved by the conduct of a registrant or licensee may seek recovery from the Vacation Time Sharing Recovery fund if:
(1) the facts giving rise to the applicant's claim occurred on or after January 1, 1982, and were based on a specific violation of this chapter;
(2) the applicant has made demand upon the registrant or licensee by certified mail, return receipt requested, for his actual damages and the demand has been refused or ignored;
(3) the applicant is not:
(a) related by blood or marriage to the registrant or licensee;
(b) registered or licensed pursuant to this chapter;
(c) the employer, principal, or broker in charge of the registrant or licensee; or
(d) a party jointly responsible for the claim; and
(4) application for recovery is made not later than one year from the date or discovery of the loss.
(B) Application for recovery must be made under oath and upon a form prescribed by the commission and containing the following minimum information:
(1) name and address of the applicant;
(2) name and address of the registrant or licensee and his last known working address;
(3) amount of recovery sought, together with evidence supporting the claim;
(4) copies of all complaints or other legal process initiated;
(5) disclosure of any partial satisfaction received, offered, or otherwise available from the registrant or licensee, his broker-in-charge, or from a bond or policy of insurance or other source; and
(6) a detailed statement of the events precipitating the loss, together with documents and other evidence supporting the claim.
(C) Upon receiving a claim in proper form, the commission shall forward the claim by certified mail, return receipt requested, to the last known address of the registrant or licensee and to the broker-in-charge of the registrant or licensee. The registrant or licensee and the broker-in-charge shall file a verified answer to the claim within twenty days. If an answer is not filed within twenty days, the broker or registrant or licensee is in default and the commission shall schedule an arbitration of the claim. If the broker or registrant or licensee files a timely answer, the commission shall investigate the claim for a period not to exceed sixty days and after that promptly schedule an arbitration of the claim. The registrant or licensee, broker, commission, and claimant are entitled to present evidence, and question and cross examine witnesses as parties to the arbitration.
(D) Failure of the applicant to comply fully with this section is a waiver of all rights under the section.
HISTORY: 1981 Act No. 106, Section 5; 1994 Act No. 385, Section 51; 2003 Act No. 84, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-220. Limitations on payments from fund.

These limitations apply to payments from the recovery fund:
(1) Only the applicant's actual damages are paid from the recovery fund. An applicant may not recover punitive, special, or consequential damages or attorney's fees.
(2) The fund is not liable for more than five thousand dollars for each transaction, regardless of the number of persons aggrieved or the number of time sharing interests involved in the transaction.
(3) The liability of the fund may not exceed in the aggregate ten thousand dollars for any one registrant or licensee in a single calendar year and in no event may exceed twenty thousand dollars for any one registrant or licensee.
(4) If the maximum liability of the fund is insufficient to pay in full the valid claims of all aggrieved persons whose claims relate to the same transaction or to the same registrant or licensee, the amount for which the fund is liable must be distributed among the claimants in a ratio that their respective claims bear to the total of the valid claims or in the manner as the Board of Arbitrators in its sole discretion shall decide. The Board of Arbitrators in its sole discretion is empowered to join in one action all claims having a common factual basis so that an equitable distribution from the fund may be achieved.
(5) If valid claims against the fund exceed the monies it contains, the commission shall satisfy the unpaid claims or portions of them as soon as a sufficient amount of money has been deposited, together with interest at the rate of eight percent a year from the date of award. All claims against the fund must be made in the same order as the awards from it were authorized by the Board of Arbitrators. An award is not a claim against the State if it is not paid due to a lack of funds in the Vacation Time Sharing Recovery Fund.
HISTORY: 1981 Act No. 106, Section 5; 1994 Act No. 385, Section 52; 2003 Act No. 84, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-230. Arbitration; automatic revocation of license; applicant receiving award to subrogate rights.

(A) A person registered or licensed pursuant to this chapter and a person claiming an interest in the fund shall submit to the decision of a Board of Arbitrators, which is final and binding. The Board of Arbitrators must be composed of three arbitrators, one chosen by the applicant, one chosen by the registrant or licensee, and the commission or its designee. If the registrant or licensee fails to nominate an arbitrator within five days of request or does not respond to the claim, the commission shall nominate the third arbitrator. The decision of the majority rules. Arbitrations must be held at the office of the commission at a time and according to rules of procedure it prescribes.
(B) Upon payment of a claim, the registration or license, of the offending licensee is revoked automatically. The registrant or licensee is not qualified for reregistering or relicensing until all amounts paid on his account are repaid in full to the recovery fund, together with annual interest at the rate of eight percent. This section does not prevent the commission or another authority from pursuing another remedy at law or equity.
(C) An applicant receiving an award from the fund shall subrogate all rights relative to the claim to the commission to the full extent of all amounts paid, including interest, and shall cooperate with the commission in the prosecution of the subrogated claim. Any amounts so recovered against a registrant or licensee or other responsible parties must be deposited into the fund, less the costs and expenses of collection.
HISTORY: 1981 Act No. 106, Section 5; 1994 Act No. 385, Section 53; 2003 Act No. 84, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-240. Property taxation of time share units; valuation; assessment; enforcement.

(1) For purposes of property taxation, a time share unit operating under a vacation time sharing ownership plan as defined in item (7) of Section 27-32-10, must be valued in the same manner as if the unit were owned by a single owner. The total cumulative purchase price paid by the time share owners for a unit may not be utilized by the tax assessor as a factor in determining the assessed value of the unit. A unit operating under a vacation time sharing lease plan as defined in item (8) of Section 27-32-10, may, however, be assessed as other income producing and investment property is assessed.
(2) The assessment and taxation of real property committed to a vacation time ownership plan must be in the name of the person that is designated to provide or receive the funds for payment of the taxes.
(3) Should the person fail to pay the taxes, an execution for the taxes must be issued in the joint name of all the owners of the time sharing periods and must be collected as provided by law.
HISTORY: 1985 Act No. 201, Part II, Section 38; 2003 Act No. 84, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-305. Purpose.

The purposes of this article are to:
(1) recognize that timeshare estates are interests in real property used for vacation experience rather than for homestead purposes and that there are numerous timeshare estates in South Carolina;
(2) recognize that the economic health and efficient operation of the vacation ownership industry are in part dependent upon the availability of an efficient and economical process for foreclosure;
(3) recognize the need to assist vacation ownership resort owners' associations by simplifying and expediting the process of foreclosure of assessment liens and mortgage liens;
(4) reduce court congestion and cost to taxpayers by establishing streamlined procedures for foreclosure of assessment liens and mortgage liens against timeshare estates;
(5) establish those streamlined procedures by giving statutory recognition to the right of persons to privately contract for a power of sale as their remedy in lieu of a judicial foreclosure of liens on timeshare estates while specifically limiting the application of such nonjudicial foreclosure procedures to timeshare estates only.
HISTORY: 2000 Act No. 262, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-310. Definitions.

As used in this article:
(1) "Assessment lien" means:
(a) a lien for delinquent assessments as to timeshare estates; or
(b) a lien for unpaid taxes and special assessments.
(2) "Claim of lien" means a claim of a recorded assessment lien.
(3) "Junior interest holder" means any person who has a lien or interest of record prior to the recording of the notice of sale against a timeshare estate in the county in which the timeshare estate is located which is inferior to the mortgage lien or assessment lien being foreclosed under this article.
(4) "Lienholder" means a holder of an assessment lien or a holder of a mortgage lien, as applicable.
(5) "Mortgage lien" means a security interest in a timeshare estate created by a mortgage encumbering the timeshare estate.
(6) "Mortgagee" means a person holding a mortgage lien.
(7) "Mortgagor" means a person granting a mortgage lien.
(8) "Notice address" means:
(a) as to an assessment lien, the address of the current obligor of a timeshare estate as reflected by the books and records of the timeshare plan.
(b) as to a mortgage lien:
(i) the address of the mortgagor set forth in the mortgage, the promissory note, or a separate document executed by the mortgagor at the time the mortgage lien was created, or the most current address of the mortgagor according to the records of the mortgagee; and
(ii) the address of the current obligor of the timeshare estate as reflected by the books and records of the timeshare plan.
(c) as to a "junior interest holder", the address set forth in the recorded instrument creating the junior interest or lien or any recorded supplement thereto changing the address and written notification by the "junior interest holder" to the foreclosing lienholder of a change in address.
(9) "Obligor" means either the mortgagor, the person obligated under a claim of lien, or the record owner of the timeshare estate as the context requires.
(10) "Power of sale" means:
(a) an express written agreement in a mortgage identifying the mortgagor, mortgagee, and the trustee; or
(b) an express written provision in a timeshare instrument identifying the managing entity and the trustee which authorizes the trustee to sell the timeshare estate without judicial action at a foreclosure sale regularly conducted and duly held in accordance with this article.
(11) "Timeshare instrument" means the document or documents which provide the legal framework for the establishment of the method of interval ownership of the timeshare estate and is or are recorded at the office of Register of Deeds in the county in which the timeshare estate is located.
(12) "Trustee" means any person entitled to exercise a power of sale.
HISTORY: 2000 Act No. 262, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-315. Who may serve as trustee; appointment of successor trustee; notice of substitution of trustee.

(A) A trustee may be any:
(1) attorney who is an active licensed member of the South Carolina Bar in good standing or a law firm whose members include such an attorney; or
(2) title insurance company, title insurance agent, or title insurance agency licensed to do business in this State.
(B) An attorney who is a trustee under subsection (A)(1) may represent the lienholder foreclosing under this article in addition to performing the duties of a trustee under a power of sale.
(C) Successor trustees may be appointed by a lienholder at any time by recording a notice of substitution of trustee in the public records for the county in which the timeshare estate is located. From the time the substitution of trustee is recorded, the successor trustee succeeds to all the powers, duties, and authority of the original trustee and successor trustees, if any.
(D) The recorded notice of substitution of trustee must identify:
(1) the mortgage or timeshare instrument;
(2) the names of the original parties to the mortgage or timeshare instrument;
(3) the date of recordation of the mortgage or timeshare instrument;
(4) the official record book and page number where the mortgage or timeshare instrument is recorded;
(5) the name of the successor trustee; and
(6) the name of the trustee being replaced. The notice must recite acceptance by the successor trustee of his or her duties and must be dated, signed, and acknowledged by the lienholder and the successor trustee. A notice of substitution of trustee is valid for purposes of this article when made and recorded in accordance with this section. A resignation of the original or prior trustee is not required.
(E) The lienholder may not serve as the trustee.
HISTORY: 2000 Act No. 262, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-335. Contents, recording, and publication of notice of sale; right to cure default; copy to obligor; subsequent interests.

(A) The notice of sale must set forth:
(1) the names and notice addresses of the obligor, the record owner of the timeshare estate if different from the obligor, and the junior interest holders;
(2) the name and address of the trustee;
(3) a description of the existence of a default under the mortgage, the timeshare instrument, or applicable law;
(4) the official record book and page numbers where the mortgage or the claim of lien is recorded;
(5) the legal description of the timeshare estate;
(6) the amount secured by the mortgage or the assessment lien, whichever is being foreclosed, accrued interest, and late charges as of the date of notice of sale and including a per diem amount to account for further accrual of interest and late charges, advances for the payment of taxes, insurance, and maintenance of the timeshare estate, and cost of the sale including a title search fee and reasonable trustee's and attorney's fees and costs;
(7) a statement of the trustee's intention to sell the timeshare estate to satisfy the obligation;
(8) the date, time, and place of sale to be held after 9:00 a.m. but before 4:00 p.m. on a regular business day not less than thirty days after the recording of the notice of sale.
(B) The right of the obligor to cure the default or the right of the junior interest holder to redeem its interest continues up to the date the trustee issues the certificate of sale in accordance with Section 27-32-345.
(C) The trustee must send a copy of the notice of sale on the date it is submitted for recording, by first class mail, postage prepaid, to the notice addresses of the obligor, the owner, if different from the obligor, and the junior interest holders. In addition, a copy of the notice of sale must be sent by certified or registered mail to the lienholder.
(D) Except as provided in this article, no notice is required to be given to any person claiming an interest subsequent to the recording of the notice of sale as set forth in this section. The recording of the notice of sale has the same force and effect as the filing of a lis pendens in a judicial proceeding.
(E) The trustee must publish the notice of sale in a newspaper of general circulation in the county in which the sale is to be held once a week for two consecutive weeks prior to the date of the sale. The last publication must occur at least five days prior to the sale.
HISTORY: 2000 Act No. 262, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-340. Certificate of compliance; contents; recording; reliance on lienholder for facts and circumstances of default.

(A) On the date the trustee conducts a sale, the trustee must execute a duly acknowledged certificate of compliance and must record the certificate of compliance in the public records of the county in which the timeshare estate is located.
(B) In the certificate of compliance, the trustee must:
(1) set forth the manner of delivery of the notice of default and intent to sell under Section 27-32-330 with the required affidavit, state that the notice contained the conspicuous language required by Section 27-32-325, state that the default was not cured and the timeshare estate was not redeemed, and state that the trustee did not receive any written objection within the period required under Section 27-32-325.
(2) confirm that the notice of sale was published as required by subsection (D) of Section 27-32-335 and attach an affidavit of publication for the notice of sale.
(3) confirm that the notice of sale was mailed pursuant to Section 27-32-335 together with a list of the parties to whom the notice of sale was mailed and the address used for each party.
(C) In furtherance of the execution and recording of the certificate of compliance required pursuant to this section, the trustee is entitled to rely upon an affidavit or certification from the lienholder as to the facts and circumstances of default and failure to curb the default.
HISTORY: 2000 Act No. 262, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-345. Public sale procedures; certificate of sale.

(A) The sale of a timeshare estate by public auction must be held in the county in which the timeshare estate is located, on the date and at the time and place designated in the notice of sale.
(B) Any person, including the lienholder, may bid at the sale. The trustee may bid for the lienholder but not for himself or herself. If the trustee designates another person to bid for the lienholder, the trustee may conduct the sale and act as the auctioneer.
(C) The person conducting the sale may postpone the sale from time to time. In such case, notice of postponement must be given by oral public proclamation thereof by the person conducting the sale at the time and place last appointed for the sale. The notice of sale regarding the postponed sale must be mailed and recorded pursuant to Section 27-32-330. The effective date of the initial notice of sale for purposes of Section 27-32-330 is not affected by a postponed sale.
(D) The buyer must pay in cash or certified funds at the day of sale the price bid to the person acting as the auctioneer. The lienholder must receive a credit on its bid for the amount set forth in the notice of sale as required by Section 27-32-330.
(E) Upon the issuance of the trustee's deed, the buyer at the sale is entitled to possession and use of the timeshare estate in accordance with the timeshare instrument. Foreclosure by an assessment lienholder does not affect the interest of the mortgage lienholder except as provided in Section 27-32-320(C). Any other person thereafter claiming possession of the timeshare estate is considered to be a tenant at sufferance, and the buyer is entitled, upon application to a court of competent jurisdiction, to a writ of possession.
(F) On the date of the sale and upon receipt of the amount bid, the trustee must issue to the buyer a certificate of sale stating that a foreclosure conforming to the requirements of this article has occurred, including the time, place, and date of the sale; that the property was sold; the amount of the mortgage lien or the assessment lien, as applicable; the amount of the purchase price; and the name and address of the successful bidder. A copy of the certificate of sale must be mailed by certified or registered mail, postage prepaid, to all persons entitled to receive a notice of sale under Section 27-32-330.
HISTORY: 2000 Act No. 262, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-350. Effect of sale on rights of parties; lienholder deficiency judgment; validity of sale presumed.

(A) A sale conducted pursuant to Section 27-32-345 forecloses and terminates all interest in the timeshare estate of all persons to whom notice is given under Sections 27-32-325 and 27-32-330 and of any other person claiming by, through, or under such person. A failure to give notice to any person entitled to notice does not affect the validity of the sale as to persons notified. A person entitled to notice but not given notice has the rights of a person not made a defendant in a judicial foreclosure. Any subsequent foreclosure required by failure to notify a party under Section 27-32-330 may be conducted under this article.
(B) On the issuance of a certificate of sale pursuant to Section 27-32-345, all rights of redemption foreclosed pursuant to this article terminate.
(C) The lienholder has no right to any deficiency judgment against the obligor after a sale of the obligor's timeshare estate under this article as to the lien foreclosed.
(D) The validity of the sale is presumed upon the recording of the certificate of compliance and issuance of the certificate of sale.
HISTORY: 2000 Act No. 262, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-355. Trustee's deed; release of lien extinguished by sale.

Ten days after a sale, absent the filing and service on the trustee of a judicial action to enjoin issuance of the trustee's deed to the timeshare estate or objecting to the sale on the grounds that the requirements of this article were not met by the trustee, the trustee must issue a trustee's deed to the purchaser at the sale. This deed must be recorded in the Register of Deeds office in the county in which the timeshare estate is located. In addition, the trustee must prepare the necessary release or satisfaction of any lien extinguished by the sale and file those documents and the trustee's deed at the appropriate Register of Deeds office.
HISTORY: 2000 Act No. 262, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-360. Disposition of proceeds of sale; costs and fees.

(A) The trustee must apply the proceeds of the sale as follows:
(1) to the expenses of the sale, including compensation of the trustee and a reasonable fee by the person who conducted the sale, if applicable;
(2) to the amount owed set forth in the notice as required by Section 27-32-335;
(3) to all junior interest holders as their liens or interests may appear of record in the order of priority;
(4) the surplus, if any, to an obligor entitled to such surplus.
(B) In disposing of the proceeds of sale, the trustee may rely on the information provided in the public records as to the claims of junior interest holders and, in the event of a dispute or uncertainty over such claims, the trustee has the discretion to submit the matter to adjudication by court, by interpleader, or otherwise. All costs and fees, including attorney's fees and costs, of adjudication must be paid out of the proceeds of sale after payment of the amounts required to be paid by items (1) and (2) of subsection (A).
HISTORY: 2000 Act No. 262, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-365. Trustee's deed; contents; effect; liability of trustee.

(A) The trustee's deed must include the name and address of the trustee, the name and address of the buyer, the name of the obligor, including the owner of the timeshare estate on the date of the recordation of the notice of sale, and the name and address of the preparer of the trustee's deed. The trustee's deed must recite that the certificate of compliance was recorded after the regular conduct of a sale, and shall contain no warranties of title from the trustee.
(B) Upon the recording of the trustee's deed, the certificate of compliance and trustee's deed together are conclusive evidence of the truth of the matters set forth therein.
(C) The trustee's deed conveys to the purchaser all right, title, and interest in the timeshare estate that the obligor had, or had the power to convey, at the time of the execution of the mortgage or recording of the claim of lien together with all right, title, and interest in the owner or his successors in interest acquired after the execution of the mortgage or recording of the claim of lien.
(D) If an action is filed based on any claim that the trustee failed to follow the procedures in this article or that the sale was otherwise improper, it is presumed that the trustee was acting solely as the agent of the lienholder, and any liability resulting therefrom is the sole responsibility of the lienholder, mortgagee or managing entity and not the trustee.
HISTORY: 2000 Act No. 262, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-370. Relation of article to other foreclosure proceedings; right of action preserved; severability; managing entity to release address of timeshare owner.

(A) The procedures set forth in this article do not impair or otherwise affect the continuing right to bring a judicial action to foreclose a mortgage lien or claim of lien which has not been satisfied by a sale conducted pursuant to Section 27-32-345.
(B) Nothing in this article shall be construed to impair the right of any person to assert his or her legal and equitable rights in a court of competent jurisdiction; however, no such action may be pursued to set aside a sale or void a trustee's deed subsequent to the recordation of the trustee's deed.
(C) The procedures in this article must be given effect in the context of any reference to judicial foreclosure proceedings or procedures set forth in this chapter.
(D) If any provision of this article or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application. To this end, the provisions of this article are declared severable.
(E) Notwithstanding anything to the contrary, a managing entity must release the address of the owner of a timeshare estate to a lienholder who can demonstrate that the timeshare estate is subject to an assessment lien or a mortgage lien held by the lienholder. This information may be used by the lienholder solely for purposes of complying with the foreclosure procedures described in this article.
HISTORY: 2000 Act No. 262, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-405. Purpose.

The General Assembly declares that the purposes of this article are to recognize that:
(A) timeshare estates are interests in real property and have been so created and designated by a specific act of the legislature codified in Chapter 32, Title 27 of the 1976 Code;
(B) timeshare estates are used for a vacation experience and may not be used for homestead purposes;
(C) timeshare estates, while interests in residential real property, are statutorily prohibited from being used for homestead purposes, are not offered for investment purposes, do not include many typical rights afforded owners of interests in residential real property such as rights to continuous exclusive possession and partition and are typically purchased and sold as fungible vacation commodities;
(D) timeshare estates located in South Carolina are sold primarily to nonresidents;
(E) the purchaser of an interest in a vacation time sharing plan in this State is afforded significant and unique consumer protections not available to purchasers of other forms of real property;
(F) the process involved in the purchase and sale of interests in a vacation time sharing plan is unlike traditional residential real property and, due to the provisions of this act, require unique practices and procedures;
(G) as part of each sale of an interest in a vacation time sharing plan, every purchaser must be given a comprehensive disclosure document that includes the material terms and conditions of the vacation time sharing plan;
(H) purchasers of interests in a vacation time sharing plan have an unqualified five-day pre-closing right of rescission;
(I) each developer of a vacation time sharing plan must place all purchaser funds in escrow, or otherwise secure such funds, prior to the expiration of the five-day rescission period and before the timeshare closing can occur;
(J) the South Carolina legislature specifically established the South Carolina Vacation Time Sharing Recovery Fund in order to provide additional redress for aggrieved purchasers of interests in a vacation time sharing plan in South Carolina;
(K) prior to the sale or offering of an interest in a vacation time sharing plan in South Carolina, the vacation time sharing plan, and the documents used in connection therewith, must be submitted to the South Carolina Real Estate Commission for its review and approval;
(L) the South Carolina Real Estate Commission, as part of its regulatory mandate, scrutinizes the practices and procedures of persons developing or selling interests in vacation time sharing plans in this State; and
(M) the economic health and continued stability of the vacation time sharing industry should be subject to the clear identification of various procedures involved in the purchase and sale of an interest in a vacation time sharing plan and the timeshare closing itself.
HISTORY: 2006 Act No. 310, Section 1, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-505. Purposes of article.

The General Assembly declares that the purposes of this article are to recognize that:
(A) Vacation time sharing plans are created as authorized by statute with most of the older vacation time sharing properties based on a horizontal property regime structure, and many of these older vacation time sharing properties are approaching the termination dates set forth in their governing documents, some of which governing documents address termination or extension of the vacation time sharing property and some of which do not address termination or extension.
(B) In order to provide the owners of vacation time sharing interests with the right to terminate vacation time sharing plans or to extend the terms of vacation time sharing plans and preserve the continued use, enjoyment, and tax values of these time sharing properties, the General Assembly further declares that the public policy of this State requires the creation of a statutory method to enable the owners of these vacation time sharing properties to either terminate their vacation time sharing plans or extend the terms of their vacation time sharing plans, notwithstanding contrary provisions in their governing documents which may create uncertainty for purchasers, prospective purchasers, owners, and lenders, and which may discourage the ongoing maintenance, refurbishment, and improvement of these vacation time sharing properties.
HISTORY: 2019 Act No. 66 (H.3754), Section 3, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-510. Extension of vacation time sharing plan terms; voting; quorum; proxy.

(A) Unless the timeshare declaration provides a lower percentage, the vote or written consent, or both, of sixty percent of all eligible voting interests in a vacation time sharing plan may extend the term of the vacation time sharing plan at any time. If the term of a vacation time sharing plan is extended pursuant to this section, all rights, privileges, duties, and obligations created under applicable law or the timeshare declaration continue in full force to the same extent as if the extended termination date of the vacation time sharing plan were the original termination date of the vacation time sharing plan.
(B) Unless the timeshare declaration specifically provides for a lower quorum, the quorum for a vacation time sharing association meeting to consider extension of the term of the vacation time sharing plan is fifty percent of all eligible voting interests in the vacation time sharing plan.
(C) A vacation time sharing association meeting held to consider extension of the term of the vacation time sharing plan may be held at any time before the termination of the vacation time sharing plan.
(D) The board of directors of the vacation time sharing association may determine that a voting interest that is delinquent in the payment of more than two years of assessments is ineligible to consent to or vote on an extension of the vacation time sharing plan unless the delinquency is paid in full before the consent or vote. A voting interest determined to be ineligible by the board of directors must be subtracted from the total percentage or number of all voting interests required to consent to or vote to approve the extension of the vacation time sharing plan and must not be considered for any purpose, including the percentage or number of voting interests necessary to constitute a quorum.
(E) A proxy for a vote to extend a vacation time sharing plan pursuant to this section is valid for up to three years and is revocable unless the proxy states it is irrevocable.
HISTORY: 2019 Act No. 66 (H.3754), Section 3, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 32 - Vacation Time Sharing Plans › Section 27-32-530. Application of article.

The provisions of this article apply to all vacation time sharing plans in this State in existence on or after the effective date of this article and apply retroactively.
HISTORY: 2019 Act No. 66 (H.3754), Section 3, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 33 - Landlord And Tenant Generally › Section 27-33-10. Definitions.

(1) Domestic servant. -A person using or occupying real estate while serving another as a domestic servant shall be deemed a "domestic servant";
(2) Farm laborer. -A person using or occupying real estate while working either as a sharecropper or otherwise as a farm laborer shall be deemed a "farm laborer";
(3) Tenant at will. -Every person other than the owner of real estate, excepting a domestic servant and farm laborer, using or occupying real estate without an agreement, either oral or in writing, shall be deemed a "tenant at will";
(4) Tenant for a term. -A person other than the owner using or occupying real estate under a written or oral agreement shall be deemed a "tenant for a term";
(5) Tenant for years. -A person other than the owner using or occupying real estate under a written agreement for a term of one year or more shall be deemed a "tenant for years";
(6) Agricultural renter. -A person renting lands for agricultural purposes shall be deemed an "agricultural renter";
(7) Landlord.-"Landlord" shall be construed to include the owner or person in possession or entitled to possession of the real estate used or occupied by the tenant as well as the employer of farm laborers and domestic servants; and
(8) Tenant.-"Tenant" shall be construed to mean tenant at will, tenant for a term, tenant for years, domestic servant, farm laborer, sharecropper and agricultural renter.
HISTORY: 1962 Code Section 41-1; 1952 Code Section 41-1; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 33 - Landlord And Tenant Generally › Section 27-33-20. Applicability of certain statutory provisions relating to landlord and tenant.

The provisions of Chapters 33 to 37, Section 27-39-10 and Article 3 of Chapter 39 of this Title, other than Sections 27-35-80, 27-35-170, 27-35-180, 27-39-280 and 27-39-300, shall not apply to (a) lessees of timber, (b) the user or beneficiary of any easement or (c) the use or occupancy of any land by any person engaged in rendering public utility service for the construction and maintenance of electric power, telephone, telegraph, water or gas lines.
HISTORY: 1962 Code Section 41-2; 1952 Code Section 41-2; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 33 - Landlord And Tenant Generally › Section 27-33-30. Recordation of leases.

In order to give notice to third persons any lease or agreement for the use or occupancy of real estate shall be recorded in the same manner as a deed of real estate.
HISTORY: 1962 Code Section 41-4; 1952 Code Section 41-4; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 33 - Landlord And Tenant Generally › Section 27-33-40. Concurrent jurisdiction of judges and magistrates.

The judges of the circuit courts and county courts in this State shall have concurrent jurisdiction with and may exercise all of the duties and powers conferred upon magistrates by any provisions of Chapters 33 through 41 of this Title.
HISTORY: 1962 Code Section 41-5; 1952 Code Section 41-5; 1951 (47) 221; 1972 (57) 2538.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 33 - Landlord And Tenant Generally › Section 27-33-50. Financial responsibility of tenant for utilities.

(A) Unless otherwise agreed in writing, a tenant has sole financial responsibility for gas, electric, water, sewerage, or garbage services provided to the premises the tenant leases, and a landlord is not liable for a tenant's account.
(B) An entity or utility providing gas, electric, water, sewerage, or garbage services must not:
(1) require a landlord to execute an agreement to be responsible for all charges billed to premises leased by a tenant; or
(2) discontinue or refuse to provide services to the premises the tenant leases based on the fact that the landlord refused to execute an agreement to be responsible for all the charges billed to the tenant leasing that premises.
(C) This provision does not apply to a landlord whose property is a multi-unit building consisting of four or more residential units served by a master meter or single connection.
HISTORY: 2002 Act No. 336, Section 3A; 2003 Act No. 63, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-10. Tenancies created by oral agreement.

A tenancy for not to exceed one year may be created by oral agreement.
HISTORY: 1962 Code Section 41-51; 1952 Code Section 41-51; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-20. Agreement for more than one year.

Any agreement for the use or occupation of real estate for more than one year shall be void unless in writing.
HISTORY: 1962 Code Section 41-52; 1952 Code Section 41-52; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-30. Tenancies deemed month to month; exceptions.

All tenancies of real estate other than agricultural lands shall be deemed from month to month unless there be an agreement otherwise. But this section shall not apply to domestic servants, farm laborers or tenants at will.
HISTORY: 1962 Code Section 41-53; 1952 Code Section 41-53; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-40. Use of premises without agreement or permission or by trespass; rent.

When a person enters upon or uses the premises of another without agreement or without the permission of the owner or by trespass the owner may at his option waive such tort and treat and deem such person a tenant at will. In such case the landlord shall have and be entitled to a reasonable rental for the use and occupation of such premises and all remedies for the enforcement of his rights in respect thereto as in other cases of tenancy at will.
HISTORY: 1962 Code Section 41-54; 1952 Code Section 41-54; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-50. Sale of real estate under lease.

When real estate is sold while under lease, the relationship of landlord and tenant is created ipso facto as between the purchaser and the tenant as if the purchaser had been the landlord in the first instance and the purchaser shall be entitled to all the benefits and rights under such lease as if he had been the lessor from the date of the purchase.
HISTORY: 1962 Code Section 41-55; 1952 Code Section 41-55; 1946 (44) 2584.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-60. Validity and effect of subleases.

A sublease by a tenant without written consent of the landlord is a nullity insofar as the rights of the landlord are concerned, except that rent collected by a tenant from a subtenant shall be deemed to be held in trust by the tenant for the benefit of the landlord until the payment of the landlord's claim for rent. But when the premises have been sublet the sublessor, as between himself and the subtenant or sublessee, shall be deemed the landlord and the sublessee the tenant under him and the provisions of Chapters 33 through 37, Section 27-39-10 and Article 3 of Chapter 39 of this Title, other than Sections 27-35-80, 27-35-170 and 27-35-180, 27-39-280 and 27-39-300 shall apply to sublessors and sublessees, as between themselves, as in other cases of landlord and tenant.
HISTORY: 1962 Code Section 41-56; 1952 Code Section 41-56; 1946 (44) 2584; 1972 (57) 2451.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 35 - Creation, Construction, And Termination Of Leasehold Estates › Section 27-35-70. Person deemed in possession of real estate.

In all cases of tenancy the owner, landlord or person entitled to possession shall be deemed to be in possession of the real estate used or occupied by the tenant and the tenant shall be deemed to be holding thereunder.
HISTORY: 1962 Code Section 41-57; 1952 Code Section 41-57; 1946 (44) 2584.