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Construction Law

: The South Carolina Construction Law Blog

Basis for Liens and Assessments Under the S.C. Horizontal Property Act

By Ryan McCabe

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Liens for non-payment of assessments to a community association can arise under two different situations. First, the S.C. Horizontal Property Act provides a statutory basis for the creation of liens in the case of condominiums only. Second, liens may arise by contract through the Covenants, Conditions, and Restrictions.

S.C. Code Ann. Section 27-31-190 of the S.C. Horizontal Property Act provides as follows:

"The co-owners of the apartments are bound to contribute pro rata in the percentages computed according to Section 27-31-60 toward the expenses of administration and of maintenance and repair of the general common elements and, in the proper case, of the limited common elements of the property and toward any other expense lawfully agreed upon.

No co-owner may exempt himself from contributing toward such expenses by waiver of the use or enjoyment of the common elements or by abandonment of the apartment belonging to him."

In addition to this code section, the master deed likely creates additional bases for liens and assessments. When dealing with condominiums, always refer to the Covenants, Conditions, and Restrictions of the Master Deed in addition to the S.C. Horizontal Property Act. Both will need to be considered to determine the bases, procedure, and limitations for imposition of assessments.

This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.

Full post as published by The South Carolina Construction Law Blog on June 27, 2008 (boomark / email).