Section 34-36-1. – Short title.
§ 34-36-1. Short title. This chapter shall be known and may be cited as the “Condominium Ownership Act”. History of Section.P.L. 1963, ch. 181, § 1.
Section 34-36-10. – Declaration — Recording.
§ 34-36-10. Declaration — Recording. The owner or developer of a condominium project shall, prior to the conveyance of any unit, record a declaration containing covenants, conditions, and restrictions relating to the project, which shall be enforceable equitable servitudes where reasonable, and shall run with the land. Such servitudes unless otherwise provided, may be enforced […]
Section 34-36-11. – Deeds — Contents.
§ 34-36-11. Deeds — Contents. Deeds of units shall include the following particulars: (1) A description of the land as provided in § 34-36-10, including the book and page or entry number and date of recording of the declaration. (2) The unit number of the unit and any other data necessary for its proper identification. […]
Section 34-36-12. – Recording of instruments affecting property — Separate index.
§ 34-36-12. Recording of instruments affecting property — Separate index. (a) The declaration, any amendment, any instrument by which the provisions of this chapter may be waived, and every instrument affecting the property or any unit shall be entitled to be recorded. Neither the declaration nor any amendment thereof shall be valid unless recorded. (b) […]
Section 34-36-13. – Survey map.
§ 34-36-13. Survey map. (a) Simultaneously with the recording of the declaration there shall be recorded a standard size, original linen/mylar (21″ X 31″) record of survey map, as defined in § 34-36-3(15), with 6¼” X 1½” recording information block, which map shall be made by a registered land surveyor and shall set forth (1) […]
Section 34-36-14. – Descriptions of unit.
§ 34-36-14. Descriptions of unit. Every deed, lease, mortgage, or other instrument may legally describe a unit by its identifying number or symbol as designated in the declaration or as shown on the record of survey map, and every description shall be deemed good and sufficient for all purposes, and shall be deemed to convey, […]
Section 34-36-15. – Bylaws — Recording.
§ 34-36-15. Bylaws — Recording. The administration of every property shall be governed by bylaws, which may either be embodied in the declaration or in a separate instrument, a true copy of which shall be appended to and recorded with the declaration. No modification or amendment of the declaration or bylaws shall be valid unless […]
Section 34-36-16. – Bylaw provisions.
§ 34-36-16. Bylaw provisions. The bylaws may provide for the following: (1) The establishment of a management committee, the number of persons constituting the committee and the method of selecting the members of the committee; the powers and duties of the management committee; and whether or not the management committee may engage the services of […]
Section 34-36-17. – Records of management.
§ 34-36-17. Records of management. The manager or management committee shall keep detailed, accurate records in chronological order, of the receipts and expenditures affecting the common areas and facilities, specifying and itemizing the maintenance and repair expenses of the common areas and facilities and any other expenses incurred. Records and the vouchers authorizing the payments […]
Section 34-36-18. – Release of initial liens.
§ 34-36-18. Release of initial liens. At the time of the first conveyance of each unit, every mortgage and other lien affecting the unit, including the percentage of undivided interest of the unit in the common areas and facilities, shall have been paid and satisfied of record, or the unit being conveyed and its percentage […]
Section 34-36-19. – Unit liens.
§ 34-36-19. Unit liens. (a) Subsequent to recording the declaration as provided in this chapter, and while the property remains subject to this chapter, no lien shall thereafter arise or be effective against the property. During the period liens or encumbrances shall arise or be created only against each unit and the percentage of undivided […]
Section 34-36-2. – Applicability.
§ 34-36-2. Applicability. This chapter shall be applicable only to property which the sole owner or all the owners submit to the provisions of the chapter by duly executing and recording a declaration as provided in the chapter. History of Section.P.L. 1963, ch. 181, § 1.
Section 34-36-20. – Common expenses — Payment.
§ 34-36-20. Common expenses — Payment. (a) It shall be the duty of every unit owner to pay his or her proportionate share of the common expenses. Payment shall be in amounts and at such times as determined by the management committee in accordance with the terms of the declaration or the bylaws. (b) The […]
Section 34-36-21. – Interest of unit owner acquired on forced sale.
§ 34-36-21. Interest of unit owner acquired on forced sale. In the event any person shall acquire, through foreclosure, exercise of power of sale, or other enforcement of any lien, or by tax deed, the interest of any unit owner, the interest acquired shall be subject to all the provisions of this chapter and to […]
Section 34-36-22. – Removal of property from application of chapter.
§ 34-36-22. Removal of property from application of chapter. (a) All of the unit owners may remove a property from the provisions of this chapter by an instrument duly recorded to that effect, provided that the holders of all liens affecting any of the units consent or agree by instruments duly recorded, that their liens […]
Section 34-36-23. – Resubmission of property to chapter.
§ 34-36-23. Resubmission of property to chapter. The removal provided for in § 34-36-22 shall not bar the subsequent resubmission of the property to the provisions of this chapter. History of Section.P.L. 1963, ch. 181, § 1.
Section 34-36-24. – Common profits and expenses — Distribution and charging.
§ 34-36-24. Common profits and expenses — Distribution and charging. Unless otherwise provided in the declaration or lawful amendments thereto, the common profits of the property shall be distributed among, and the common expenses shall be charged to, the unit owners according to the percentage of their undivided interest in the common areas and facilities. […]
Section 34-36-25. – Voluntary conveyance of unit.
§ 34-36-25. Voluntary conveyance of unit. In a voluntary conveyance, the grantee of a unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his or her share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee’s rights […]
Section 34-36-26. – Liability of unit owner for common expenses absolute.
§ 34-36-26. Liability of unit owner for common expenses absolute. No unit owner may exempt himself or herself from liability for his or her contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his or her unit. History of Section.P.L. […]
Section 34-36-27. – Separate assessment for taxation.
§ 34-36-27. Separate assessment for taxation. (a) Each unit and its percentage of undivided interest in the common areas and facilities shall be deemed to be a parcel and shall be subject to separate assessment and taxation by each assessing unit and special district for all types of taxes authorized by law including but not […]