reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 27 - Betterments › Section 27-27-40. Stay of judgment in first action; special verdict for betterments.

The court, on the entry of such action, shall stay all proceedings upon the judgment obtained in the prior action, except the recovery of such lands, until the sale of the lands recovered as provided in Section 27-27-60. The final judgment shall be upon a special verdict by a jury, under the direction of the court, stating the value of the lands and tenements without the improvements put thereon in good faith by the defendant in the prior action and the value thereof with improvements. The defendant in the prior action shall be entitled for such betterments to a verdict for the value thereof, as of the date when the lands were recovered from him and interest on such verdict from such date.
HISTORY: 1962 Code Section 57-404; 1952 Code Section 57-404; 1942 Code Section 8834; 1932 Code Section 8834; Civ. C. '22 Section 5299; Civ. C. '12 Section 3529; Civ. C. '02 Section 2443; G. S. 1838; R. S. 1955; 1885 (19) 432.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 27 - Betterments › Section 27-27-50. Judgment deemed equivalent to attachment; priority of liens.

The lands and tenements so recovered shall be held to respond to such judgment for betterments in the same manner and for the same time as if they had been attached on mesne process and such judgment for betterments shall be a lien on such land in preference to all other liens.
HISTORY: 1962 Code Section 57-405; 1952 Code Section 57-405; 1942 Code Sections 8834, 8835; 1932 Code Sections 8834, 8835; Civ. C. '22 Sections 5299, 5300; Civ. C. '12 Sections 3529, 3530; Civ. C. '02 Sections 2443, 2444; G. S. 1838, 1839; R. S. 1955, 1956; 1885 (19) 432.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 27 - Betterments › Section 27-27-60. Sale of lands; division of proceeds; payment in lieu of sale.

When final judgment shall be rendered as provided in Section 27-27-40 the court shall direct a sale of the land recovered in ejectment on the following terms: That out of the proceeds of sale the plaintiff in ejectment or his legal representative be paid the amount ascertained as the value of his land without improvements put thereon in good faith by the defendant and the surplus, if any, be paid to the occupying claimant or his legal representative. But this section shall not apply when the plaintiff in ejectment or his legal representative shall, within sixty days after the aforesaid special verdict, pay into the office of the clerk of the court, for the defendant, the value of the betterments as so found in such special verdict.
HISTORY: 1962 Code Section 57-406; 1952 Code Section 57-406; 1942 Code Section 8835; 1932 Code Section 8835; Civ. C. '22 Section 5300; Civ. C. '12 Section 3530; Civ. C. '02 Section 2444; G. S. 1839; R. S. 1956; 1885 (19) 432.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 27 - Betterments › Section 27-27-70. Alternative procedure by alleging value of improvement in answer.

In any action for the recovery of lands and tenements, whether such action be denominated legal or equitable, the defendant who may have made improvements or betterments on such land, believing at the time he made such improvements or betterments that his title thereto was good in fee, may set up in his answer a claim against the plaintiff for so much money as the land has been increased in value in consequence of the improvements so made and the defendant may also set up a claim against the plaintiff for so much money as the land has been increased in value in consequence of improvements or betterments made by any person under or through whom he claims, if it be shown that the defendant actually believed he was taking a good title in fee simple thereto at the time of the alleged taking thereof.
HISTORY: 1962 Code Section 57-407; 1952 Code Section 57-407; 1942 Code Section 8836; 1932 Code Section 8836; Civ. C. '22 Section 5301; Civ. C. '12 Section 3531; Civ. C. '02 Section 2445; R. S. 1957; 1885 (19) 343; 1917 (30) 392.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 27 - Betterments › Section 27-27-80. Assessment of value of improvement; charge against land.

If the verdict or decree shall be for the plaintiff in such action the jury or judge who may render it may at the same time render a verdict or decree for the defendant for so much money as the lands and tenements are so made better, after deducting the amount of damages, if any, recovered by the plaintiff in such action, and the lands and tenements as recovered shall be held to respond to such judgment for the defendant. But execution on such judgment shall issue only against such lands and tenements so recovered by the plaintiff in such action and shall not in any such case issue against the goods and chattels or other lands of the plaintiff.
HISTORY: 1962 Code Section 57-408; 1952 Code Section 57-408; 1942 Code Section 8837; 1932 Code Section 8837; Civ. C. '22 Section 5302; Civ. C. '12 Section 3532; Civ. C. '02 Section 2446; R. S. 1958; 1885 (19) 343.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 27 - Betterments › Section 27-27-90. Recovery for mesne profits.

The plaintiff in an action for the recovery of lands and tenements shall recover nothing for the mesne profits of the land, except on such improvements as are made by him or those under whom he claims.
HISTORY: 1962 Code Section 57-409; 1952 Code Section 57-409; 1942 Code Section 8838; 1932 Code Section 8838; Civ. C. '22 Section 5303; Civ. C. '12 Section 3533; Civ. C. '02 Section 2447; G. S. 1840; R. S. 1959; 1870 (14) 314.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 27 - Betterments › Section 27-27-100. Chapter not applicable in certain cases.

The provisions of this chapter shall not extend to any person who has entered on land by virtue of any contract made with the legal owner of such land, unless it shall appear, on the trial of the action, that such owner has neglected to fulfill such contract of his part, in which case such person in possession shall be entitled to all the privileges in this chapter provided for those who entered upon land under supposed title and the same proceedings shall be had and the land shall be held in the same manner as herein provided for such cases.
HISTORY: 1962 Code Section 57-410; 1952 Code Section 57-410; 1942 Code Section 8839; 1932 Code Section 8839; Civ. C. '22 Section 5304; Civ. C. '12 Section 3534; Civ. C. '02 Section 2448; G. S. 1841; R. S. 1960; 1870 (14) 314.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 29 - Uniform Land Sales Practice Act › Section 27-29-10. Short title; definitions.

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 profit;
(2) "Offer" includes any inducement, solicitation or attempt to encourage a person to acquire an interest in land, if undertaken for gain or profit;
(3) "Person" means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity;
(4) "Purchaser" means a person who acquires or attempts to acquire or succeeds to an interest in land;
(5) "Subdivider" means any owner of subdivided land who offers it for disposition or the principal agent of an inactive owner;
(6) "Subdivision" and "subdivided lands" means any land situated outside the State of South Carolina which is divided or is proposed to be divided for the purpose of disposition into twenty-five or more lots, parcels, units or interests and also includes any land whether contiguous or not if twenty-five or more lots, parcels, units, or interests are offered as a part of a common promotional plan of advertising and sale.
HISTORY: 1962 Code Section 57-551; 1968 (55) 3052.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 29 - Uniform Land Sales Practice Act › Section 27-29-30. Exceptions to application of chapter.

(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;
(2) if fewer than twenty-five separate lots, parcels, units, or interests in subdivided lands are offered by a person in a period of twelve months;
(3) on which there is a residential, commercial, or industrial building, or as to which there is a legal obligation on the part of the seller to construct such a building within two years from date of disposition;
(4) to persons who are engaged in the business of construction of buildings for resale, or to persons who acquire an interest in subdivided lands for the purpose of engaging, and do engage in the business of construction of buildings for resale;
(5) pursuant to court order;
(6) by any government or governmental agency;
(7) as cemetery lots or interests.
(b) Unless the method of disposition is adopted for the purpose of evasion of this chapter, the provisions of this chapter do not apply to:
(1) offers or dispositions of evidences of indebtedness secured by a mortgage or deed of trust of real estate;
(2) offers or dispositions of securities or units of interest issued by a real estate investment trust regulated under any state or federal statute;
(3) a subdivision as to which the plan of disposition is to dispose to ten or fewer persons;
(4) a subdivision as to which the commission has granted an exemption as provided in Section 27-29-100.
HISTORY: 1962 Code Section 57-553; 1968 (55) 3052; 1994 Act No. 385, Section 28.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 29 - Uniform Land Sales Practice Act › Section 27-29-40. Prerequisites to disposition of interest in subdivided land.

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 any interest in subdivided lands unless a current public offering statement is delivered to the purchaser and the purchaser is afforded a reasonable opportunity to examine the public offering statement prior to the disposition.
HISTORY: 1962 Code Section 57-554; 1968 (55) 3052.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 29 - Uniform Land Sales Practice Act › Section 27-29-60. Public offering statement.

(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 offering statement submitted to the commission shall be in a form prescribed by rules and shall include the following:
(1) the name and principal address of the subdivider;
(2) a general description of the subdivided lands stating the total number of lots, parcels, units, or interests in the offering;
(3) the significant terms of any encumbrances, easements, liens, and restrictions, including zoning and other regulations affecting the subdivided lands and each unit or lot, and a statement of all existing taxes and existing or proposed special taxes or assessments which affect the subdivided lands;
(4) a statement of the use for which the property is offered;
(5) information concerning improvements, including streets, water supply, levees, drainage control systems, irrigation systems, sewage disposal facilities and customary utilities, and the estimated cost, date of completion, and responsibility for construction and maintenance of existing and proposed improvements which are referred to in connection with the offering or disposition of any interest in subdivided lands;
(6) additional information required by the commission to assure full and fair disclosure to prospective purchasers.
(b) The public offering statement shall not be used for any promotional purposes before registration of the subdivided lands and afterwards only if it is used in its entirety. No person may advertise or represent that the commission approves or recommends the subdivided lands or disposition thereof. No portion of the public offering statement may be underscored, italicized, or printed in larger or heavier or different color type than the remainder of the statement unless the commission requires it.
(c) The commission may require the subdivider to alter or amend the proposed public offering statement in order to assure full and fair disclosure to prospective purchasers, and no change in the substance of the promotional plan or plan of disposition or development of the subdivision may be made after registration without notifying the commission and without making appropriate amendment of the public offering statement. A public offering statement is not current unless all amendments are incorporated.
HISTORY: 1962 Code Section 57-556; 1968 (55) 3052; 1994 Act No. 385, Section 30.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 29 - Uniform Land Sales Practice Act › Section 27-29-70. Examination of application for registration.

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 the terms of the offer, and when appropriate, that release clauses, conveyances in trust, or other safeguards have been provided;
(2) There is reasonable assurance that all proposed improvements will be completed as represented;
(3) The advertising material and the general promotional plan are not false or misleading and comply with the standards prescribed by the commission in its rules and afford full and fair disclosure;
(4) The subdivider has not, or if a corporation, its officers, directors, and principals have not, been convicted of a crime involving land dispositions or any aspect of the land sales business in this State, the United States, or any other state or foreign country within the past ten years and has not been subject to any injunction or administrative order within the past ten years restraining a false or misleading promotional plan involving land dispositions;
(5) The public offering statement requirements of this chapter have been satisfied.
HISTORY: 1962 Code Section 57-557; 1968 (55) 3052; 1994 Act No. 385, Section 31.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 29 - Uniform Land Sales Practice Act › Section 27-29-80. Order of the commission on application for registration.

(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 registration. If no order of rejection is entered within ninety days from the date of notice of filing, the land is considered registered unless the applicant has consented in writing to a delay.
(b) If the commission affirmatively determines, upon inquiry and examination, that the requirements of Section 27-29-70 have been met, it shall enter an order registering the subdivided lands and shall designate the form of the public offering statement.
(c) If the commission determines upon inquiry and examination that any of the requirements of Section 27-29-70 have not been met, the commission shall notify the applicant that the application for registration must be corrected in the particulars specified within fifteen days. If the requirements are not met within the time allowed the commission shall enter an order rejecting the registration which shall include the findings of fact upon which the order is based. The order rejecting the registration shall not become effective for twenty days during which time the applicant may petition for reconsideration and shall be entitled to a hearing.
HISTORY: 1962 Code Section 57-558; 1968 (55) 3052; 1994 Act No. 385, Section 32.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 29 - Uniform Land Sales Practice Act › Section 27-29-90. Annual renewal reports.

(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 original application for registration. The report may, at the option of the commission, be consolidated with the annual renewal report required by Section 27-29-200(c).
(b) The commission at its option may permit the filing of annual renewal reports within thirty days after the anniversary date of the consolidated registration in lieu of the anniversary date of the original registration.
HISTORY: 1962 Code Section 57-559; 1968 (55) 3052; 1994 Act No. 385, Section 33.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 29 - Uniform Land Sales Practice Act › Section 27-29-100. Public hearings; filing of advertising material; injunctive relief; intervention in certain suits; exemption of certain lots.

(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 more than fifteen days before the public hearing. The rules shall include, but not be limited to, provisions for advertising standards to assure full and fair disclosure; provisions for escrow or trust agreements or other means reasonably to assure that all improvements referred to in the application for registration and advertising will be completed and that purchasers will receive the interest in land contracted for; provisions for operating procedures; and other rules as are necessary and proper to accomplish the purpose of this chapter.
(b) The commission by rule or by an order, after reasonable notice and hearing, may require the filing of advertising material relating to subdivided lands before its distribution.
(c) If it appears that a person has engaged or is about to engage in an act or practice constituting a violation of a provision of this chapter, or a rule or order hereunder, the commission, with or without prior administrative proceedings may bring an action in the circuit court to enjoin the acts or practices and to enforce compliance with this chapter or any rule or order hereunder. Upon proper showing, injunctive relief or temporary restraining orders shall be granted, and a receiver or conservator may be appointed. The commission is not required to post a bond in any court proceedings.
(d) The commission may intervene in a suit involving subdivided lands. In any suit by or against a subdivider involving subdivided lands, the subdivider promptly shall furnish the commission notice of the suit and copies of all pleadings.
(e) The commission may:
(1) accept registrations filed in other states or with the federal government;
(2) contract with similar agencies in this State or other jurisdictions to perform investigative functions;
(3) accept grants-in-aid from any source.
(f) The commission shall cooperate with similar agencies in other jurisdictions to establish uniform filing procedures and forms, uniform public offering statements, advertising standards, rules, and common administrative practices.
(g) The commission may exempt one hundred or fewer lots, parcels, units, or interests in a subdivision from the provisions of this chapter if it determines that the plan of promotion and disposition is primarily directed to persons in the local community in which the subdivision is situated.
HISTORY: 1962 Code Section 57-560; 1968 (55) 3052; 1994 Act No. 385, Section 34.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 29 - Uniform Land Sales Practice Act › Section 27-29-110. Powers of commission as to investigations.

(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 prescribing of rules and forms hereunder;
(2) require or permit any person to file a statement in writing, under oath or otherwise as the commission determines, as to all the facts and circumstances concerning the matter to be investigated.
(b) For the purpose of any investigation or proceeding under this chapter, the commission or any officer designated by rule may administer oaths or affirmations, and upon its own motion or upon request of any party shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.
(c) Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the commission may apply to the circuit court for an order compelling compliance.
HISTORY: 1962 Code Section 57-561; 1968 (55) 3052; 1994 Act No. 385, Section 35.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 29 - Uniform Land Sales Practice Act › Section 27-29-120. Unlawful practices; cease and desist orders.

(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 dispose of an interest in subdivided lands;
(3) made any substantial change in the plan of disposition and development of the subdivided lands subsequent to the order of registration without obtaining prior written approval from the commission;
(4) disposed of any subdivided lands which have not been registered with the commission;
(5) violated any lawful order or rule of the commission, it may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the commission will carry out the purposes of this chapter.
(b) Whenever the commission has reason to believe that any person is violating or intends to violate any provision of this article, it may, in addition to all other remedies, order such person to immediately cease and desist and refrain from such conduct. The commission may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from such conduct. An administrative law judge may issue a temporary injunction ex parte, and upon notice and full hearing may issue any other order in the matter it deems proper. No bond shall be required of the commission by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section.
HISTORY: 1962 Code Section 57-562; 1968 (55) 3052; 1994 Act No. 385, Section 36.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 29 - Uniform Land Sales Practice Act › Section 27-29-130. Revocation of registration.

(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 crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions;
(3) disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of subdivision purchasers;
(4) failed to faithfully perform any stipulation or agreement made with the commission as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or public offering statement;
(5) made intentional misrepresentations or concealed material facts in an application for registration. Findings of fact, if set forth in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
(b) If the commission finds after notice and hearing that the subdivider has been guilty of a violation for which revocation could be ordered, it may issue a cease and desist order instead.
HISTORY: 1962 Code Section 57-563; 1968 (55) 3052; 1994 Act No. 385, Section 37.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 29 - Uniform Land Sales Practice Act › Section 27-29-140. Judicial review of orders.

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 administrative law judge as provided under Article 5 of Chapter 23 of Title 1. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate commission action or ruling is immediately reviewable if review of the final commission decision would not provide an adequate remedy.
HISTORY: 1962 Code Section 57-564; 1968 (55) 3052; 1994 Act No. 385, Section 38.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 29 - Uniform Land Sales Practice Act › Section 27-29-150. Penalties.

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 chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or double the amount of gain from the transaction, whichever is the larger but not more than fifty thousand dollars or imprisoned not more than two years, or both.
HISTORY: 1962 Code Section 57-565; 1968 (55) 3052; 1993 Act No. 184, Section 205.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 29 - Uniform Land Sales Practice Act › Section 27-29-170. Jurisdiction of circuit court.

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 subdivided lands is made in this State, whether or not the offeror or offeree is then present in this State, if the offer originates within this State or is directed by the offeror to a person or place in this State and received by the person or at the place to which it is directed.
HISTORY: 1962 Code Section 57-567; 1968 (55) 3052.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 29 - Uniform Land Sales Practice Act › Section 27-29-180. Extradition.

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.
HISTORY: 1962 Code Section 57-568; 1968 (55) 3052.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 29 - Uniform Land Sales Practice Act › Section 27-29-190. Service of process.

(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 it):
(1) forthwith sends a copy of the process and of the pleading by certified or registered mail to the defendant or respondent at his last known address, and
(2) the plaintiff's affidavit of compliance with this section if filed in the case on or before the return day of the process, if any, or within such further time as the court allows.
(b) If any person, including any nonresident of this State, engages in conduct prohibited by this chapter or any rule or order hereunder, and has not filed a consent to service of process and personal jurisdiction over him cannot otherwise be obtained in this State, that conduct authorizes the commission to receive service of process in any noncriminal proceeding against him or his successor which grows out of that conduct and which is brought under this chapter or any rule or order hereunder, with the same force and validity as if served on him personally. Notice shall be given as provided in subsection (a).
HISTORY: 1962 Code Section 57-569; 1968 (55) 3052; 1994 Act No. 385, Section 39.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 29 - Uniform Land Sales Practice Act › Section 27-29-200. Fees; land, books, and records subject to examination by commission; annual renewal reports.

(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 dollars, plus one-twentieth of one percent of the amount in excess of one hundred thousand dollars and not exceeding four hundred thousand dollars, plus one-fortieth of one percent of the amount in excess of four hundred thousand dollars; but in no case shall such fee be greater than five hundred dollars for each registration. Provided, however, that the commission may prescribe a maximum amount of subdivided lands to be registered at any one time. If registration is denied or withdrawn before the offering of subdivided lands in this State, the commission shall refund all of the fee in excess of one hundred dollars.
(b) the land and books and records of every person selling or offering for sale subdivided lands subject to the provisions of this chapter are subject to examination by the commission, or such other person as it may designate, and the examinee shall pay a fee for each examiner employed to make such examination of not to exceed twenty-five dollars for each day or fraction of it, plus the actual expenses, including the cost of transportation of the examiner, while he is absent from his office for the purpose of making the examination.
(c) The commission may require any registrant under this chapter to file an annual renewal report containing such reasonable information as it may believe necessary regarding the financial condition of such registrant and the subdivided lands sold in this State by such person. Each renewal report must be accompanied by a renewal filing fee of one hundred dollars.
(d) In order to carry out the provisions of this chapter the commission shall retain such fees and other funds which may come into its possession to defray expenses in the administration of this chapter.
HISTORY: 1962 Code Section 57-570; 1968 (55) 3052; 1994 Act No. 385, Section 40.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 30 - Homeowner Association Act › Section 27-30-120. Definitions.

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 part of a common promotional plan, subdivide and offer to dispose of an interest the person or group has in a unit in real property; or
(b) reserve or succeed to a special declarant right, which means a right created under the declaration or bylaws for the person or group to retain or exercise authority in addition to regular declarant rights in a unit of real property.
(3) "Declaration" means the recorded instruments, however denominated, that create a homeowners association, including amendments to those instruments.
(4) "Governing documents" means declaration, master deeds, or bylaws, or any amendments to the declaration, master deeds, or bylaws.
(5) "Homeowner" means a declarant or other person who owns a unit in a homeowners association, but does not include a person having an interest in such a unit solely as security for an obligation.
(6) "Homeowners association" or "association" means an entity developed to manage and maintain a planned community or horizontal property regime for which there is a declaration requiring a person, by virtue of his ownership of a separate property within the planned community or horizontal property regime, to pay assessments for a share of real estate taxes, insurance premiums, maintenance, or improvement of, or services or other expenses related to, common elements and other real estate described in that declaration. A "homeowners association" or "association" does not include a vacation time sharing plan organized and subject to the provisions of Chapter 32.
(7) "Homeowners association management company" means a corporation, limited liability company, partnership, trust, association, sole proprietorship, or other similar organization engaging in the business of managing homeowners associations.
(8) "Unit" means an apartment in a horizontal property regime, or a lot in a subdivision.
HISTORY: 2018 Act No. 245 (H.3886), Section 1, eff May 17, 2018; 2019 Act No. 66 (H.3754), Section 4, eff May 16, 2019.
Effect of Amendment
2019 Act No. 66, Section 4, in (6), in the second sentence, substituted "time sharing" for "timesharing" and deleted "only" following "and subject".
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 30 - Homeowner Association Act › Section 27-30-130. Enforceability of governing documents; recording requirements; rules, regulations, and amendments.

(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.
(2) To continue to be enforceable, any governing document not recorded prior to the effective date of this section must be recorded by January tenth of the year following the effective date of this section in the clerk of court's, Register of Mesne Conveyance (RMC), or register of deeds office in the county where the property is located.
(B)(1) Rules, regulations, and amendments to rules and regulations:
(a) are effective upon passage or adoption; and
(b) must be made accessible to a homeowners association member upon the request of that member of the homeowners association, and, at the option of the homeowners association, via electronic mail or through methods provided by the homeowners association's bylaws that ensure actual notice, unless they are:
(i) posted in a conspicuous place in a common area in the community; or
(ii) available on an Internet website maintained by the homeowners association, where they may be downloaded by the homeowner.
(2) In order to remain enforceable, a homeowners association's rules, regulations, and amendments to rules and regulations must be recorded in the clerk of court's, Register of Mesne Conveyance (RMC), or register of deeds office in the county in which the property is located by January tenth of each year following their adoption or amendment.
(C) Homeowners associations in existence on the effective date of this section must record the documents required by subsections (A)(1) and (B)(2) by January tenth following the effective date of this section.
(D) The recording of the rules, regulations, bylaws, and amendments to rules and regulations are not subject to the requirements of witnesses and acknowledgements required under Section 30-5-30.
HISTORY: 2018 Act No. 245 (H.3886), Section 1, eff May 17, 2018.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 30 - Homeowner Association Act › Section 27-30-140. Annual budget increases; notice requirements.

(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 meeting may be through posting notice:
(a) in a conspicuous place in a common area in the community;
(b) on an Internet website maintained by the homeowners association;
(c) by electronic mail; or
(d) through methods provided in the association's bylaws that ensure actual notice.
(2) The provisions of this section do not apply to a homeowners association that is incorporated under the South Carolina Nonprofit Corporation Act found in Chapter 31, Title 33.
HISTORY: 2018 Act No. 245 (H.3886), Section 1, eff May 17, 2018.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 30 - Homeowner Association Act › Section 27-30-150. Application of access to documents provisions.

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 association's annual budget and homeowners membership lists.
HISTORY: 2018 Act No. 245 (H.3886), Section 1, eff May 17, 2018.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 30 - Homeowner Association Act › Section 27-30-160. Jurisdiction of magistrates court.

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.
HISTORY: 2018 Act No. 245 (H.3886), Section 1, eff May 17, 2018.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 30 - Homeowner Association Act › Section 27-30-170. Construction of article.

No provision of this article may be construed to be in conflict with the provisions of the South Carolina Nonprofit Corporation Act.
HISTORY: 2018 Act No. 245 (H.3886), Section 1, eff May 17, 2018.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 30 - Homeowner Association Act › Section 27-30-310. Short title.

This article must be known and may be cited as the "Department of Consumer Affairs Services for Homeowners and Homeowners Associations Act".
HISTORY: 2018 Act No. 245 (H.3886), Section 1, eff May 17, 2018.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 30 - Homeowner Association Act › Section 27-30-320. Definitions.

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 procedures for conducting the affairs of a homeowners association, regardless of the form of the association's legal entity or the name by which the document comprising the bylaws is identified.
(3) "Declarant" means a person or group of persons acting in concert who:
(a) as part of a common promotional plan, subdivide and offer to dispose of an interest the person or group has in a unit in real property; or
(b) reserve or succeed to a special declarant right, which means a right created under the declaration or bylaws for the person or group to retain or exercise authority in addition to regular declarant rights in a unit of real property.
(4) "Declaration" means the recorded instruments, however denominated, that create a homeowners association, including amendments to those instruments.
(5) "Department" means the Department of Consumer Affairs.
(6) "Homeowner" means a declarant or other person who owns a unit in a homeowners association, but does not include a person having an interest in such a unit solely as security for an obligation.
(7) "Homeowners association" or "association" means an entity developed to manage and maintain a planned community or horizontal property regime for which there is a declaration requiring a person, by virtue of his ownership of a separate property within the planned community or horizontal property regime, to pay assessments for a share of real estate taxes, insurance premiums, maintenance, or improvement of, or services or other expenses related to, common elements and other real estate described in that declaration. A "homeowners association" or "association" does not include a vacation timesharing plan organized and subject only to the provisions of Chapter 32.
(8) "Homeowners association management company" means a corporation, limited liability company, partnership, trust, association, sole proprietorship, or other similar organization engaging in the business of managing homeowners associations.
(9) "Unit" means an apartment in a horizontal property regime, or a lot in a subdivision.
HISTORY: 2018 Act No. 245 (H.3886), Section 1, eff May 17, 2018.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 30 - Homeowner Association Act › Section 27-30-330. Information department is authorized to include on publicly available website.

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 governance of homeowners associations as provided in this chapter and other provisions of the South Carolina Code of Laws; and
(3) educational and reference materials about homeowners associations, including general information about the roles, rights, and responsibilities of the board, declarant, homeowners, and other parties.
HISTORY: 2018 Act No. 245 (H.3886), Section 1, eff May 17, 2018.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 31 - Horizontal Property Act › Section 27-31-30. Establishment of horizontal property regime.

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.
HISTORY: 1962 Code Section 57-496; 1962 (52) 1866; 1967 (55) 449; 1970 (56) 2572; 1999 Act No. 86, Section 2.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 31 - Horizontal Property Act › Section 27-31-40. Apartments may be purchased, owned, and the like.

Once the property is submitted to the horizontal property regime, an apartment in the property may be individually conveyed and encumbered and may be the subject of ownership, possession or sale and of all types of juridic acts inter vivos or mortis causa, as if it were sole and entirely independent of the other apartments in the property of which it forms a part, and the corresponding individual titles and interests shall be recordable.
HISTORY: 1962 Code Section 57-497; 1962 (52) 1866; 1967 (55) 449.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 31 - Horizontal Property Act › Section 27-31-50. More than one person may own apartment.

Any apartment may be held and owned by more than one person as tenants in common or in any other real estate tenancy relationship recognized under the laws of this State.
HISTORY: 1962 Code Section 57-498; 1962 (52) 1866; 1967 (55) 449.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 31 - Horizontal Property Act › Section 27-31-60. Property rights of apartment owner.

(a) An apartment owner shall have the exclusive ownership of his apartment and shall have a common right to a share, with the other co-owners, in the common elements of the property, equivalent to the percentage representing the value of the individual apartment, with relation to the value of the whole property. This percentage shall be computed by taking as a basis the value of the individual apartment in relation to the value of the property as a whole.
The percentage shall be expressed at the time the horizontal property regime is constituted, shall have a permanent character, and shall not be altered without the acquiescence of the co-owners representing all the apartments of the property.
The basic value, which shall be fixed for the sole purpose of this chapter and irrespectively of the actual value, shall not prevent each co-owner from fixing a different circumstantial value to his apartment in all types of acts and contracts.
(b) The owner of any apartment embraced in the master deed and building plan shall have the right to require specific performance of any proposed common elements for recreational purposes set out in the master deed which are included in the next stage of the development that applies to recreational facilities in the event the additional stages of erection do not develop.
HISTORY: 1962 Code Section 57-499; 1962 (52) 1866; 1967 (55) 449; 1973 (58) 783.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 31 - Horizontal Property Act › Section 27-31-70. Common elements shall not be divided.

The common elements, both general and limited, shall remain undivided and shall not be the object of an action for partition or division of the co-ownership. Any covenant to the contrary shall be void.
HISTORY: 1962 Code Section 57-500; 1962 (52) 1866; 1967 (55) 449.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 31 - Horizontal Property Act › Section 27-31-80. Use of common elements.

Each co-owner may use the elements held in common in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other co-owners.
HISTORY: 1962 Code Section 57-501; 1962 (52) 1866; 1967 (55) 449.