Section 2730170. No provision of this article may be construed to be in conflict with the provisions of the South Carolina Nonprofit Corporation Act. Article 3 Department of Consumer Affairs Services for Homeowners and Homeowners Associations Section 2730310. This article must be known and may be cited as the of Consumer Affairs Services for Homeowners ‘Department and Homeowners Associations Act’. Section 2730320. For the purposes of this article: (1) means the representative body, regardless of name, ‘Board’ designated in the governing documents to act on behalf of a homeowners association and govern the association. (2) means the document, and amendments to it, that ‘Bylaws’ contain the procedures for conducting the affairs of a homeowners association, regardless of the form of the legal entity association’s or the name by which the document comprising the bylaws is identified. (3) means a person or group of persons acting in ‘Declarant’ 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) means the recorded instruments, however ‘Declaration’ denominated, that create a homeowners association, including amendments to those instruments. (5) means the Department of Consumer Affairs. ‘Department’ (6) means a declarant or other person who owns ‘Homeowner’ 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) or means an entity ‘Homeowners association’ ‘association’ 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
Section 2730170. No provision of this article may be construed to be in conflict with the provisions of the South Carolina Nonprofit Corporation Act. Article 3 Department of Consumer Affairs Services for Homeowners and Homeowners Associations Section 2730310. This article must be known and may be cited as the ‘Department of Consumer Affairs Services for Homeowners and Homeowners Associations Act’. Section 2730320. 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
3886_20180426.docx