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 448.1-101 – 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 […]