(a) All sums assessed by the administrator, or the board of administration, or other form of administration specified in the bylaws, but unpaid, for the share of common expenses chargeable to any apartment shall constitute a lien on such apartment prior to all other liens except only (i) tax liens on the apartment in favor of any assessing unit, and (ii) mortgage and other liens, duly recorded, encumbering the apartment. Such lien may be foreclosed by suit by the administrator, or the board of administration, or other form of administration specified in the bylaws, acting on behalf of the council of co-owners, in like manner as a mortgage of real property. In any such foreclosure the apartment owner shall be required to pay a reasonable rental for the apartment after the commencement of the foreclosure action and the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect such rents. The administrator, or the board of administration, or other form of administration specified in the bylaws, acting on behalf of the council of co-owners, shall have the power to bid in the apartment at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid common expenses may be maintainable without instituting foreclosure proceedings.
(b) Where the mortgagee of any mortgage of record or other purchaser of an apartment obtains title at the foreclosure sale of such a mortgage, such acquirer of title, his successors and assigns, shall not be liable for the share of the common expenses or assessments by the co-owners chargeable to such apartment accruing after the date of recording such mortgage but prior to the acquisition of title to such apartment by such acquirer. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the apartment owners, including such acquirer, his successors and assigns.
HISTORY: 1962 Code Section 57-514; 1967 (55) 449.
Structure South Carolina Code of Laws
Title 27 - Property and Conveyances
Chapter 31 - Horizontal Property Act
Section 27-31-10. Short title.
Section 27-31-20. Definitions.
Section 27-31-30. Establishment of horizontal property regime.
Section 27-31-40. Apartments may be purchased, owned, and the like.
Section 27-31-50. More than one person may own apartment.
Section 27-31-60. Property rights of apartment owner.
Section 27-31-70. Common elements shall not be divided.
Section 27-31-80. Use of common elements.
Section 27-31-90. Incorporation of co-owners.
Section 27-31-100. Master deed or lease; contents.
Section 27-31-110. Plot plan and building plan.
Section 27-31-120. Designation of apartments on plans; conveyance or lease of apartment.
Section 27-31-130. Waiver of regime and merger of apartment records with principal property.
Section 27-31-140. Merger as bar to subsequent horizontal property regime.
Section 27-31-150. Administration of property; bylaws.
Section 27-31-160. Provisions required in bylaws; modification of system of administration.
Section 27-31-170. Compliance with bylaws, rules, and regulations; remedy for noncompliance.
Section 27-31-180. Records of receipts and expenditures.
Section 27-31-190. Expenses shall be shared.
Section 27-31-200. Unpaid assessments; payment upon sale.
Section 27-31-220. Liability of purchaser of apartment.
Section 27-31-230. Liens arising subsequent to recording of master deed or lease.
Section 27-31-250. Repair or reconstruction; vote of co-owners; application of insurance proceeds.
Section 27-31-260. Sharing expenses in case of fire or other disaster.
Section 27-31-270. Assessment and collection of taxes.
Section 27-31-280. Council of co-owner's right of access.
Section 27-31-290. Limitation on liability of co-owners for common expenses.
Section 27-31-300. Effect on contracts entered into before June 6, 1967.
Section 27-31-410. "Conversion of rental units to condominium ownership" defined.
Section 27-31-430. Disclosure of physical condition of building.