South Carolina Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees

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US-01120BG
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Description

A condominium is a combination of co-ownership and individual ownership. Those who own an apartment house or buy a condominium are co-owners of the land and of the halls, lobby, and other common areas, but each apartment in the building is individually owned by its occupant. Either in the bylaws of the condominium association, the declaration of condominium filed in the land records of the county where the condominium is located, or in some other document, there will be an agreement among the unit owners regulating the administration and maintenance of the property, including payment of assessments by the owners.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

(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.

The HOA or COA can usually get a lien on your home. The association typically can charge you for overdue assessments, late charges, fines, collection costs, interest, and attorneys' fees and costs. After you default on the assessments, the HOA or COA may foreclose.

A horizontal-property act is a law that governs the ownership and management of cooperatives and condominiums. It sets out the rights and responsibilities of owners, tenants, and management companies.

This chapter may be cited as the `South Carolina Condominium Act'. Section 27-30-20. The purpose of this chapter is to recognize the condominium form of ownership of real property, and to establish procedures for the creation, sale, and operation of condominiums.

Can you sue an HOA in SC? Yes. The HOA is a legal entity, meaning you can file suit against it if you believe it has infringed on your personal rights.

Because South Carolina is not a super lien state, a bank foreclosure will take priority over a community association's lien and does not require the lender to provide any compensation to the association for unpaid assessments.

South Carolina Horizontal Property Act Section NameSection Number"Conversion of rental units to condominium ownership" defined§ 27-31-410Rights and duties of owners, landlords, and tenants when rental units are converted to condominiums; notices; offers; vacation; phased conversions§ 27-31-42034 more rows

When heirs' property is created, the heirs own all the property together (in legal terms, they own the property as ?tenants in common?). In other words, they each own an interest in the undivided land rather than each heir owning an individual lot or piece of the land.

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South Carolina Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees