The fair market value of homeowners' association property, as defined in Section 12-43-230, for ad valorem tax purposes is defined as the nonqualified earnings value to be determined by the capitalization of the property's nonqualified gross receipts. For purposes of this section, "nonqualified gross receipts", means the gross receipts from the use of the property other than:
(1) amounts received as membership dues, fees, or assessments from the members of the homeowners' association; and
(2) amounts received from the developer of the property owned by the homeowners' association as reported on the most recently filed application submitted pursuant to Section 12-43-230. If additional reporting is required pursuant to Section 12-43-230, nonqualified gross receipts shall be determined utilizing gross receipts from the most recent completed tax year. After a piece of property's nonqualified gross receipts have been established, they must be capitalized to determine nonqualified earnings value by utilizing a capitalization rate of twenty percent. Notwithstanding any other provision of this section, in the event of real property with zero or de minimus nonqualified gross receipts, the special valuation of homeowners' association property shall not result in any homeowners' association property being valued at a rate less than five hundred dollars an acre.
HISTORY: 1996 Act No. 403, Section 1.
Structure South Carolina Code of Laws
Chapter 43 - County Equalization And Reassessment
Section 12-43-210. Uniform and equitable assessments; rules and regulations.
Section 12-43-217. Quadrennial reassessment; postponement ordinance.
Section 12-43-222. Roll-back tax for open space.
Section 12-43-224. Assessment of undeveloped acreage subdivided into lots.
Section 12-43-225. Multiple lot discounts; eligibility.
Section 12-43-227. Valuation of homeowners' association property.
Section 12-43-232. Requirements for agricultural use.
Section 12-43-233. Agritourism uses.
Section 12-43-240. Counties shall require building permits; copies shall be furnished to assessor.
Section 12-43-250. Sales ratio studies; reassessment or remapping.
Section 12-43-285. Certification of millage rates; excessive rates.
Section 12-43-296. Preparation of budgets and carry forward of positive general fund balances.
Section 12-43-310. Article shall not affect certain contracts.
Section 12-43-320. Legislative repeal of certain rules and regulations.
Section 12-43-330. Property exempt from taxation is also exempt from assessment.
Section 12-43-340. Agricultural use application; false statement.
Section 12-43-350. Standardized tax bill.
Section 12-43-360. Assessed value of aircraft.
Section 12-43-365. Golf course valuation.
Section 12-43-370. Electronic property tax bill and receipt.