Section 448.1-101 – Short title.

Effective – 28 Aug 1983 448.1-101. Short title. — Sections 448.1-101 to 448.4-120 shall be known and may be cited as the “Uniform Condominium Act”. ­­——– (L. 1983 H.B. 177)

Section 448.1-102 – Applicability.

Effective – 28 Aug 1983 448.1-102. Applicability. — 1. Sections 448.1-101 to 448.4-120 apply to all condominiums created within this state after September 28, 1983. Sections 448.1-103, 448.1-105, 448.1-106, 448.1-107, 448.2-103, 448.2-104, and subdivisions (1) through (6) and (11) through (16) of subsection 1 of section 448.3-102, and sections 448.3-111, 448.3-115, 448.3-116, 448.4-105, and 448.4-113, […]

Section 448.1-103 – Definitions.

Effective – 28 Aug 1983 448.1-103. Definitions. — In the declaration and bylaws of each condominium, unless specifically provided otherwise or the context requires otherwise, and in sections 448.1-101 to 448.4-120: (1) “Affiliate of a declarant” means any person who controls, is controlled by, or is under common control with a declarant. A person “controls” […]

Section 448.1-104 – Variation by agreement.

Effective – 28 Aug 1983 448.1-104. Variation by agreement. — Except as expressly provided in sections 448.1-101 to 448.4-120, no provision of sections 448.1-101 to 448.4-120 may be varied by agreement, and no rights conferred by sections 448.1-101 to 448.4-120 may be waived. No declarant may act under a power of attorney, nor use any […]

Section 448.1-105 – Separate titles and taxation.

Effective – 28 Aug 1983 448.1-105. Separate titles and taxation. — 1. If there is any unit owner other than a declarant, each unit which has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate. 2. If there is any unit owner other than […]

Section 448.1-106 – Applicability of local ordinances, regulations, and building codes.

Effective – 28 Aug 1993 448.1-106. Applicability of local ordinances, regulations, and building codes. — 1. Except as provided in subsection 2 of this section, no zoning, subdivision, building code, or other real estate use law, ordinance, or regulation may prohibit the condominium form of ownership or impose any requirement upon a condominium which it […]

Section 448.1-107 – Eminent domain.

Effective – 28 Aug 1983 448.1-107. Eminent domain. — 1. If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award shall compensate […]

Section 448.1-108 – Supplemental general principles of law applicable.

Effective – 28 Aug 1983 448.1-108. Supplemental general principles of law applicable. — The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or […]

Section 448.1-109 – Construction against implicit repeal.

Effective – 28 Aug 1983 448.1-109. Construction against implicit repeal. — Sections 448.1-101 to 448.4-120 being a general act intended as a unified coverage of its subject matter, no provisions shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided. ­­——– (L. 1983 H.B. 177)

Section 448.1-110 – Uniformity of application and construction.

Effective – 28 Aug 1983 448.1-110. Uniformity of application and construction. — Sections 448.1-101 to 448.4-120 shall be applied and construed so as to effectuate their general purpose to make uniform the law with respect to the subject of sections 448.1-101 to 448.4-120 among states enacting it. ­­——– (L. 1983 H.B. 177)

Section 448.1-111 – Severability.

Effective – 28 Aug 1983 448.1-111. Severability. — If any provision of sections 448.1-101 to 448.4-120 or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of sections 448.1-101 to 448.4-120 which can be given effect without the invalid provisions or application, and to […]

Section 448.1-112 – Unconscionable agreement or term of contract.

Effective – 28 Aug 1983 448.1-112. Unconscionable agreement or term of contract. — 1. The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or […]

Section 448.1-113 – Obligation of good faith.

Effective – 28 Aug 1983 448.1-113. Obligation of good faith. — Every contract or duty governed by sections 448.1-101 to 448.4-120 imposes an obligation of good faith in its performance or enforcement. ­­——– (L. 1983 H.B. 177)

Section 448.1-114 – Remedies to be liberally administered.

Effective – 28 Aug 1983 448.1-114. Remedies to be liberally administered. — 1. The remedies provided by sections 448.1-101 to 448.4-120 shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not […]

Section 448.2-101 – Creation of condominium.

Effective – 28 Aug 1983 448.2-101. Creation of condominium. — 1. A condominium shall be created pursuant to sections 448.1-101 to 448.4-120 only by recording a declaration executed in the same manner as a deed. The declaration shall be recorded in every county in which any portion of the condominium is located, and shall be […]

Section 448.2-102 – Unit boundaries.

Effective – 28 Aug 1983 448.2-102. Unit boundaries. — Except as provided by the declaration: (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 thereof are a part […]

Section 448.2-103 – Construction and validity of declaration and bylaws.

Effective – 28 Aug 1983 448.2-103. Construction and validity of declaration and bylaws. — 1. All provisions of the declaration and bylaws are severable. 2. The rule against perpetuities shall not be applied to defeat any provision of the declaration, bylaws, or rules and regulations adopted pursuant to subdivision (1) of subsection 1 of section […]

Section 448.2-104 – Description of units.

Effective – 28 Aug 1983 448.2-104. Description of units. — A description of a unit which sets forth the name of the condominium, the recording data for the declaration, the county in which the condominium is located, and the identifying number of the unit, is a sufficient legal description of that unit and all rights, […]

Section 448.2-105 – Contents of declaration.

Effective – 28 Aug 1983 448.2-105. Contents of declaration. — 1. The declaration for a condominium shall contain: (1) The name of the condominium, which shall include the word “condominium” or be followed by the words “a condominium”, and the association; (2) The name of every county in which any part of the condominium is […]

Section 448.2-106 – Leasehold condominiums.

Effective – 28 Aug 1983 448.2-106. Leasehold condominiums. — 1. Any lease, the expiration or termination of which may terminate the condominium or reduce its size, shall be recorded. Every lessor of such leases shall sign the declaration, and the declaration shall state: (1) The recording data for the lease; (2) The date on which […]