§ 34-36.1-3.01. Organization of unit owners’ association. A unit owners’ association must be organized no later than the date the first unit in the condominium is conveyed to a purchaser. The membership of the association at all times shall consist exclusively of all the unit owners or, following termination of the condominium, of all former […]
§ 34-36.1-3.02. Powers of unit owners’ association. (a) Except as provided in subsection (b), and subject to the provisions of the declaration, the association, even if unincorporated, may: (1) Adopt and amend bylaws and rules and regulations; (2) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit […]
§ 34-36.1-3.03. Executive board members and officers. (a) Except as provided in the declaration, the bylaws, subsection (b), or in other provisions of this chapter, the executive board may act in all instances on behalf of the association. In the performance of their duties, the officers and members of the executive board are required to […]
§ 34-36.1-3.04. Transfer of special declarant rights. (a) No special declarant right created or reserved under this chapter may be transferred except by an instrument evidencing the transfer recorded in every municipality in which any portion of the condominium is located. The instrument is not effective unless executed by the transferee. (b) Upon transfer of […]
§ 34-36.1-3.05. Termination of contracts and leases of declarant. If entered into before the executive board elected by the unit owners pursuant to § 34-36.1-3.03(f) takes office, (1) any management contract, employment contract, or lease of recreational or parking areas or facilities, (2) any other contract or lease between the association and a declarant or […]
§ 34-36.1-3.06. Bylaws. (a) The bylaws of the association must provide for: (1) The number of members of the executive board and the titles of the officers of the association; (2) Election by the executive board of a president, treasurer, secretary, and any other officers of the association the bylaws specify; (3) The qualifications, powers […]
§ 34-36.1-3.07. Upkeep of condominium. (a) Except to the extent provided by the declaration, subsection (b), or § 34-36.1-3.13(h), the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of his or her unit. Each unit owner shall afford to the […]
§ 34-36.1-3.08. Meetings. A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the executive board or by unit owners having twenty percent (20%), or any lower percentage specified in the bylaws, of the votes in the association. […]
§ 34-36.1-3.09. Quorums. (a) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast twenty percent (20%) of the votes which may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting. (b) Unless […]
§ 34-36.1-3.10. Voting — Proxies. (a) If only one of the multiple owners of a unit is present at a meeting of the association, that person is entitled to cast all the votes allocated to that unit. If more than one of the multiple owners are present, the votes allocated to that unit may be […]
§ 34-36.1-3.11. Tort and contract liability. Neither the association nor any unit owner except the declarant is liable for that declarant’s torts in connection with any part of the condominium which that declarant has the responsibility to maintain. Otherwise, an action alleging a wrong done by the association must be brought against the association and […]
§ 34-36.1-3.12. Conveyance or encumbrance of common elements. (a) Portions of the common elements may be conveyed or subjected to a security interest or mortgage by the association if persons entitled to cast at least eighty percent (80%) of the votes in the association, including eighty percent (80%) of the votes allocated to units not […]
§ 34-36.1-3.13. Insurance. (a) Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available: (1) Property insurance on the common elements insuring against all risks of direct, physical loss commonly insured against or, in the case […]
§ 34-36.1-3.14. Surplus funds. Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of reserves must be paid to the unit owners in proportion to their common expense liability or credited to them to reduce their future common expense assessments. […]
§ 34-36.1-3.15. Assessments for common expenses. (a) Until the association makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association. (b)(1) Except for assessments under subsections […]
§ 34-36.1-3.16. Lien for assessments. (a) The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. The association’s lien may be foreclosed in accordance with and subject to the provisions of § 34-36.1-3.21. Unless […]
§ 34-36.1-3.17. Other liens affecting the condominium. (a) Except as provided in subsection (b), a judgment for money against the association if recorded is not a lien on the common elements, but is a lien in favor of the judgment lienholder against all of the units in the condominium at the time the judgment was […]
§ 34-36.1-3.18. Association records. The association shall keep financial records sufficiently detailed to enable the association to comply with § 34-36.1-4.09. All financial and other records shall be made reasonably available for examination within thirty (30) days of a request by any unit owner and his or her authorized agent. History of Section.P.L. 1982, ch. […]
§ 34-36.1-3.19. Association as trustee. With respect to a third person dealing with the association in the association’s capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as […]
§ 34-36.1-3.20. Enforcement of declaration, by-laws and rules. (a) An executive board may impose and assess fines against a unit owner as a method of enforcing the association’s declaration, bylaws, and rules and regulations. Such fines may include, but are not limited to, daily fines for continued violative conduct in the future. Notice and the […]
