§ 44-3-167. Time-Share Estate Program Management and Operation
The time-share instruments for a time-share estate program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair, and furnishing of units, which shall include the following: Creation of an association organization of time-share estate owners; Adoption of bylaws for organizing and operating the association organization; Payment of […]
§ 44-3-168. Developer Control Period in Time-Share Estate Program
The time-share instruments for a time-share estate program may provide for a developer control period. If the time-share instruments for a time-share estate program provide for the establishment of a developer control period, they shall include provisions for the following: Termination of the developer control period by action of the association; Termination of contracts for […]
§ 44-3-169. Identification of Time-Share Project, Time-Share Units, and Time Periods
Project instruments and time-share instruments creating time-share uses shall contain the following: Identification by name of the time-share project and street address where the time-share project is situated; Identification of the time periods, type of units, and the units that are in the time-share program and the length of time that the units are committed […]
§ 44-3-97. Eminent Domain; Compensation; Reallocation of Interests; Court Determination; Amendment to Declaration
If any portion of the common elements is taken by eminent domain, the award therefor shall be allocated to the unit owners in proportion to their respective undivided interests in the common elements unless otherwise provided in the condominium instruments; provided, however, that the portion of the award attributable to the taking of any permanently […]
§ 44-3-113. Applicability of This Article; Effect on Existing Condominiums
This article shall apply to all property which is submitted to this article and shall also apply to any condominium created prior to October 1, 1975, pursuant to the “Apartment Ownership Act” if the instruments creating such condominium are amended in accordance with their terms in order to submit the condominium to this article. Existing […]
§ 44-3-98. Termination of Condominium; Creation of Tenancy in Common; Distribution of Assets; Transfer of Mortgages and Liens
The condominium shall be terminated only by the agreement of unit owners of units to which four-fifths of the votes in the association pertain and all mortgagees of such units or such larger majority as the condominium instruments may specify; provided, however, that during such times, if any, as there shall exist an unexpired option […]
§ 44-3-114. Effect of Article Upon Land Use, Zoning, Building, and Subdivision Laws; Effect of Code Section 44-3-92; Applicability of Land Use and Zoning Ordinances or Laws to Expandable Condominium
No zoning, subdivision, building code, or other real estate use law, ordinance, or regulation shall prohibit the condominium form of ownership or impose any requirement upon a condominium which it does not impose upon a physically identical development under a different form of ownership. No subdivision law, ordinance, or regulation shall apply to any condominium […]
§ 44-3-99. Withdrawal of Submitted Property; Reallocation to Remaining Units of Undivided Interest in Common Elements; Contents of Amendment; Transfer of Mortgages and Liens
Unless the condominium instruments expressly prohibit the withdrawal of any submitted property from the condominium, submitted property may be withdrawn but only in accordance with this Code section and any restrictions or limitations which the condominium instruments may specify, the property being withdrawn hereinafter being referred to as the “withdrawn property”; provided, however, that no […]
§ 44-3-115. Construction of This Article; Substantial Compliance; Procedure for Curing Defects in Recorded Instruments
The provisions of this article and of condominium instruments recorded pursuant thereto shall be liberally construed in favor of the valid establishment of a condominium pursuant to this article with respect to the submitted property. Substantial compliance with the requirements of this article for the establishment of a condominium shall suffice to bring property described […]
§ 44-3-100. Incorporation of Association; Name; Articles and Bylaws; Membership; Organization
Prior to recording the declaration, the declarant shall cause the association to be duly incorporated either as a business corporation under Chapter 2 of Title 14 or as a nonprofit membership corporation under Chapter 3 of Title 14. The corporate name of the association shall include the phrase “unit owners’ association” or the phrase “condominium […]