§1602-101. Creation of condominium (a) A condominium may be created pursuant to this Act only by recording a declaration executed in the same manner as a deed, by all persons whose interests in the real estate will be conveyed to unit owners and by every lessor of a lease the expiration or termination of which […]
§1602-102. Unit boundaries Except as provided by the declaration: [PL 1981, c. 699 (NEW).] (1) If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces thereon are a part […]
§1602-103. Construction and validity of declaration and bylaws (a) All provisions of the declaration and bylaws are severable. [PL 1981, c. 699 (NEW).] (b) Neither the rule against perpetuities nor the provisions of section 116, as it or its equivalent may be amended from time to time, may be applied to defeat any provision […]
§1602-104. Description of units A description of a unit which sets forth the name of the condominium, the recording data for the declaration, the county or registry district in which the condominium is located and the identifying number of the unit, is a sufficient legal description of that unit and all rights, obligations and interests […]
§1602-105. Contents of declaration (a) The declaration for a condominium contains: (1) The name of the condominium, which includes the word “condominium” or be followed by the words “a condominium,” and of the association; [PL 1981, c. 699 (NEW).] (2) The name of every municipality and every county or registry district in which […]
§1602-106. Leasehold condominiums (a) Any lease the expiration or termination of which may terminate the condominium or reduce its size, or a memorandum thereof, shall be recorded. Every lessor of those leases must sign the declaration and the declaration shall state: (1) The recording data for the lease or memorandum thereof; [PL 1981, […]
§1602-107. Allocations of common element interests, votes and common expense liabilities (a) The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association and a portion of the votes in the association to each unit and state the formulas used to establish those […]
§1602-108. Limited common elements (a) Except for the limited common elements described in section 1602‑102, paragraphs (2) and (4), the declaration shall specify to which unit or units each limited common element is allocated. That allocation may not be altered without the consent of the unit owners whose units are affected. [PL 1981, c. […]
§1602-109. Plats and plans (a) Plats and plans are a part of the declaration. Separate plats and plans are not required by this Act if all the information required by this section is contained in either a plat or plan. Each plat and plan must be clear and legible, bear the seal and signature of […]
§1602-110. Exercise of development rights (a) To exercise any development right reserved under section 1602‑105, subsection (a), paragraph (8), the declarant shall prepare, execute and record an amendment to the declaration, section 1602‑117, and comply with section 1602‑109. The declarant is the unit owner of any units thereby created. The amendment to the declaration must […]
§1602-111. Alterations of units Subject to the provisions of the declaration and other provisions of law, a unit owner: [PL 1981, c. 699 (NEW).] (1) May make any improvements or alterations to his unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium; […]
§1602-112. Relocation of boundaries between adjoining units (a) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a […]
§1602-113. Subdivision of units (a) If the declaration expressly so permits, a unit may be subdivided into 2 or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute and record an amendment to the declaration, […]
§1602-114. Easement for encroachments To the extent that any unit or common element encroaches on any other unit or common element, a valid easement for the encroachment exists. The easement does not relieve a unit owner of liability in case of his willful misconduct nor relieve a declarant or any other person of liability for […]
§1602-115. Use for sales purposes A declarant may maintain sales offices, management offices and models in units or on common elements in the condominium only if the declaration so provides and specifies the rights of a declarant with regard to the number, size, location and relocation thereof. Any sales office, management office or model not […]
§1602-116. Easement to facilitate exercise of special declarant rights Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant’s obligations or exercising special declarant rights, whether arising under this Act or reserved in the declaration. [PL […]
§1602-117. Amendment of declaration (a) Except in cases of amendments that may be executed by a declarant under section 1602‑109, subsection (f) or 1602‑110; the association under section 1601‑107, 1602‑106, subsection (d), 1602‑108, subsection (c), 1602‑112, subsection (a) or 1602‑113; or certain unit owners under section 1602‑108, subsection (b), 1602‑112, subsection (a), 1602‑113, subsection (b) […]
§1602-118. Termination of condominium (a) Except in the case of taking of all the units by eminent domain, section 1601-107, a condominium may be terminated only by agreement of unit owners of units to which at least 80% of the votes in the association are allocated, or any larger percentage the declaration specifies. The declaration […]
§1602-119. Rights of secured lenders (a) The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may […]
§1602-120. Master associations (a) If the declaration for a condominium provides that any of the powers described in section 1603‑102 are to be exercised by or may be delegated to a profit or nonprofit corporation, or unincorporated association, which exercises those or other powers on behalf of one or more condominiums or for the benefit […]
