As used in 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) '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. (3) 'Declaration' means the recorded instruments, however denominated, that create a homeowners association, including amendments to those instruments. (4) 'Governing documents' means declaration, master deeds, or bylaws, or any amendments to the declaration, master deeds, or bylaws. (5) '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. s. (5) '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. (6) '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 the planned community or horizontal property regime, to pay assessments for a share of real estate taxes, insurance premiums, maintenance, or improvement of, or services or other expenses related to, common elements and other real estate described in that declaration. A 'homeowners association' or 'association' does not include a vacation time sharing plan organized and subject to the provisions of Chapter 32. (7) 'Homeowners association management company' means a corporation, limited liability company, partnership, trust, association, sole proprietorship, or other similar organization engaging in the business of managing homeowners associations. pany' means a corporation, limited liability company, partnership, trust, association, sole proprietorship, or other similar organization engaging in the business of managing homeowners associations. (8) 'Unit' means an apartment in a horizontal property regime, or a lot in a subdivision. HISTORY: 2018 Act No. 245 (H.3886), Section 1, eff May 17, 2018; 2019 Act No. 66 (H.3754), Section 4, eff May 16, 2019.
South Carolina Legal Code