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COUNCIL OF CO-OWNERS v. SMITH

No. 1977.

428 S.E.2d 745 (1993)

COUNCIL OF CO-OWNERS OF FOREST BEACH VILLAS HORIZONTAL PROPERTY REGIME, Appellant, v. M. Daniel SMITH, a/k/a Dan T. Smith and a/k/a Daniel Arthur Smith; Lifeco Services Corporation; South Carolina Tax Commission; Arthur Leaman, d/b/a The Golden Lemon; Amberly Limited, d/b/a The Copper and Lumber Store Hotel; Antilles Management Company, d/b/a Point Pirouette Villa Hotels; Cane Bay Corporation, d/b/a Cane Bay Plantation; John A. Silander, d/b/a The Waves at Cane Bay; Ralph Locke Highland, Inc.; Vivian Pisciotta; Partridge Place Associates; and The Internal Revenue Service; Sanwa Business Credit Corporation; Wauconda National Bank and Trust Company; and Deerfield Federal Savings and Loan Assoc., Respondents.

Court of Appeals of South Carolina.

Decided March 22, 1993.

Rehearing Denied April 22, 1993.

Attorney(s) appearing for the Case

Donald E. Rowell, of McNair Law Firm, Hilton Head, for appellant.

Brian C. Pitts, of Bowen & Smoot, Hilton Head; Arlene D. Hand, of the Office of the Atty. Gen., Julio E. Mendoza, Jr., of Robinson, Mendoza, Barton & McCarthy; R. Bentz Kirby, of Turner, Padget, Graham & Laney; and Asst. U.S. Atty. Marvin J. Caughman, Columbia, Richard E. Miley and Ziva P. Bruckner, of Nixon, Yow, Waller & Capers, Augusta, GA, Neal J. Quirk, of Quirk & Ashenden, Atlanta, GA, and William R. Reiss, Houston, TX, for respondents.

GOOLSBY, Judge:

The issue presented in this appeal by the Council of Co-Owners of Forest Beach Villas Horizontal Property Regime in this foreclosure action brought by it against M. Daniel Smith and others is whether a purchaser of a condominium apartment at a foreclosure sale in an action brought to foreclose a lien for unpaid assessments is jointly and severally liable for assessments arising prior to the purchaser's taking title at the foreclosure sale.

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