Judge Simmons’ Opinion in Pelham Spring Homeowners’ Association

From time to time, as readers of this blog are well aware, I have the great privilege and honor of being asked by some Judges in South Carolina to look at recent decisions in property and equity that – one way or another – raise questions about fairness, statutory interpretation, and principles of law and equity. If you recall, one of the prime maxims of Equity is that “Equity Follows the Law” and this maxim has particular applicability when it comes to statutes. This rule has special force when the General Assembly steps up an entire statutory scheme.

The Honorable Master in Equity of Greenville County, Judge Charles Simmons, Jr., in a very recent decision, carefully discussed both the conduct of the Home Owners Association (in not sending various notices) and specific sections of the South Carolina Horizontal Property Regime Statute (What in most other states are typically called Condominium Statutes) and concluded that undeveloped lots were not “apartments” under the Statutory Scheme and therefore not subject to unpaid Assessments.

It is a very interesting opinion and I truly thank the Master for permitting me to put his recent opinion on this Blog.

As always, please remember, this is such a recent decision it is of course subject to Motions to Reconsider, Subsequent Appeals and so on. And, merely to remind everyone – this blog is for educational purposes only and is not giving any specific legal advice or counsel on any aspect of any topic discussed herein.


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