South Carolina Condominium Law
Highland Property Owners Association, Inc. v. Shumaker Land, LLC
On appeal from the Master-in-Equity (Master), Highlands Property Owners Association, Inc. (the Association) challenges the Master's determination that Respondent Shumaker Land, LLC's (Shumaker LLC) seven lots within the Highlands development were not subject to assessments levied by the Association pursuant to the restrictive covenant governing the development. The Association argues the Master e... More...
$0 (04-14-2012 - SC)16 Jade Street, LLC v. R. Design Construction Co., LLC
This case presents the novel question of whether a member of a limited liability company can be held personally liable for torts committed while acting in furtherance of the company's business. We hold the General Assembly did not intend the LLC act to shield a member from liability for his own torts. <br><br>FACTUAL/PROCEDURAL BACKGROUND<br><br>Carl R. Aten, Jr., and his wife are the only member... More...
$0 (04-04-2012 - SC)Magnolia North Property Owners' Association v. Heritage Communities, Inc.
Appellants, Heritage Communities, Inc. (HCI), Heritage Magnolia North, Inc. (HMNI), and BuildStar Corporation (BuildStar) (collectively, Appellants), seek review of the jury's verdict in this construction defect action.[1] Appellants assign error to the trial court's: (1) finding of an amalgamation of Appellants' corporate interests, entities, and activities so as to blur the legal distinction b... More...
$0 (02-15-2012 - SC)Tony L. Pope v. Heritage Communities, Inc.
Heritage Communities, Inc. (HCI), Heritage Riverwalk, Inc. (HRI), and BuildStar Corporation (collectively, Appellants) appeal the jury's verdicts in these consolidated construction defect actions. We affirm.<br><br>FACTS<br><br>Construction on Riverwalk Development (Riverwalk), a condominium complex in Horry County, began in June 1997 and was completed in December 1999. Riverwalk included 228 un... More...
$0 (09-14-2011 - SC)The Richland Horizontal Property Regime Homeowners Association, Inc. v. Sky Green Holdings, Inc.
In this appeal we are called upon to determine what the Legislature meant by the term "on the first page of the contract" in section 15-48-10(a) of the South Carolina Uniform Arbitration Act (2005). We hold that the term means the page preceding all other pages in the contract. We agree with the circuit court that the notice of arbitration in this case does not comply with the statute, and affir... More...
$0 (02-23-2011 - SC)Holly Woods Association of Residence Owners v. Joe W. Hiller
The plaintiffs in this action were property owners in the Holly Woods Development in Greenville or members of the Holly Woods Association of Residence Owners (the Association). The Association brought suit against the property developers in 2005. After a trial, the jury awarded the Association $971,000 in actual damages for its negligence claim and $1 for the breach of implied warranty of workma... More...
$0 (02-03-2011 - SC)Crossmann Communities of North Carolina, Inc. v. Harleysville Mutual Insurance Company
Appellant/Respondent Harleysville Mutual Insurance Company ("Harleysville") issued a standard commercial general liability (CGL) policy to the developers ("Respondents") of a series of condominium projects in Myrtle Beach, South Carolina. The condominium project was fraught with negligent construction, which resulted in claims filed by the homeowners. Respondents settled the construction lawsuit... More...
$0 (01-07-2011 - SC)Auto Owners Insurance Company, Inc. v. Virginia T. Newman and Trinity Construction, Inc.
The issuer of a homebuilder's commercial general liability policy sought a declaratory judgment to determine whether the policy covered a homeowner's claim for damages caused by the negligence of a construction subcontractor. The trial court determined that the homeowner's claim fell within the policy's coverage and this appeal followed. We certified the case pursuant to Rule 204(b), SCACR, and ... More...
$0 (09-08-2009 - SC)Auto-Owners Insurance Company v. Samuel W. Rhodes, Piedmont Promotions, Inc. and Marion L. Eadon d/b/a C&B Fabrications, C&B Fabrications, Inc.a nd Low Country Signs, Inc.
Auto-Owners Insurance Company appeals from the denial of its motion to vacate and/or stay this declaratory judgment action to determine coverage under an insurance policy, following this court's reversal and remand of the companion tort action for damages. In the alternative, Auto-Owners contends the circuit court erred in finding Marion Eadon d/b/a C&B Fabrication an insured under the policy, th... More...
$0 (08-06-2009 - SC)Marty K. Cole, etc., et al. v. Pratibha P. Raut, M.D., and Dr. Raut & Associates, P.A.
In this medical negligence case, the court of appeals reversed the trial court's general verdict in favor of Petitioner doctor, holding that the trial court erred in instructing the jury on the defense of assumption of the risk. This Court granted certiorari to review the decision of the court of appeals. We reverse the decision of the court of appeals and reinstate the general jury verdict for ... More...
$0 (06-09-2008 - SC)Ralph Ellenburg v. Spartan Motor Chassis, Inc., et al.
The defendants in this products liability action, which was commenced in South Carolina state court, filed a Notice of Removal in the district court, pursuant to 28 U.S.C. §§ 1441 and 1446, alleging diversity jurisdiction under 28 U.S.C. § 1332. Six days later, the district court sua sponte entered an order remanding the case to state court, concluding that the Notice of Removal's allegati... More...
$0 (03-13-2008 - SC)