§36B-1-101. Short Title
§36B-1-101. Short Title. This chapter may be cited as the Uniform Common Interest Ownership Act.
§36B-1-102. Applicability
Applicability of this chapter is governed by Part II of this article.
§36B-1-103. Definitions
In the declaration and bylaws (section one hundred six, article three of this chapter), unless specifically provided otherwise or the context otherwise requires, and in this chapter: (1) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant. A person "controls" a declarant if the […]
§36B-1-104. Variation by Agreement
Except as expressly provided in this chapter, provisions herein may not be varied by agreement, and rights conferred may not be waived. A declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter or the declaration.
§36B-1-105. Separate Titles and Taxation
(a) In a cooperative, unless the declaration provides that a unit owner's interest in a unit and its allocated interests is real estate for all purposes, that interest is personal property. (That interest is subject to the provisions of all homestead exemptions from taxation provided by law, even if it is personal property.) (b) In […]
§36B-1-106. Applicability of Local Ordinances, Regulations and Building Codes
(a) A building code may not impose any requirement upon any structure in a common interest community which it would not impose upon a physically identical development under a different form of ownership. (b) In condominiums and cooperatives, no zoning, subdivision, or other real estate use law, ordinance, or regulation may prohibit the condominium or […]
§36B-1-107. Eminent Domain
(a) If a unit is acquired by eminent domain, or part of a unit is acquired by eminent domain, leaving the unit owner with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the award must include compensation to the unit owner for that unit and its […]
§36B-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 other validating or invalidating cause supplement the provisions of this chapter, except to […]
§36B-1-109. Construction Against Implicit Repeal
This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can be reasonably be avoided.
§36B-1-110. Uniformity of Application and Construction
This chapter shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
§36B-1-111. Unconscionable Agreement or Term of Contract
(a) 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 limit the application of any unconscionable clause in order to avoid an unconscionable […]
§36B-1-112. Obligation of Good Faith
Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.
§36B-1-113. Remedies to Be Liberally Administered
(a) The remedies provided by this chapter 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 be awarded except as specifically provided in this chapter or by other rule of […]
§36B-1-114. Adjustment of Dollar Amounts
(a) From time to time the dollar amounts specified in sections 1-203 and 4-101(b)(7) must change, as provided in subsections (b) and (c), according to and to the extent of changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers: United States City Average, All Items 1967=100, compiled by the Bureau of […]
§36B-1-201. Applicability to New Common Interest Communities
§36B-1-201. Applicability to new common interest communities. Except as provided in sections 1-202 and 1-203, this chapter applies to all common interest communities created within this state after the effective date of this chapter. The provisions of chapter fifty-three, acts of the Legislature, one thousand nine hundred sixty-three, chapter one hundred twenty-nine, acts of the […]
§36B-1-202. Same — Exception for Small Cooperatives
If a cooperative contains only units restricted to nonresidential use, or contains no more than twelve units and is not subject to any development rights, it is subject only to sections 1-106, (applicability of local ordinances, regulations, and building codes) and 1-107 (eminent domain) of this chapter, unless the declaration provides that the entire chapter […]
§36B-1-203. Applicability to New Common Interest Communities. — Exception for Small and Limited Expense Liability Planned Communities
If a planned community: (1) Contains no more than twelve units and is not subject to any development rights; or
§36B-1-204. Applicability to Preexisting Common Interest Communities
(a) Except as provided in section 1-205, Same; exception for small preexisting cooperatives and planned communities, sections 1-105 (separate titles and taxation), 1-106 (Applicability of local ordinances, regulations and building codes), 1-107 (Eminent domain), 2-103 (Construction and validity of declaration and bylaws), 2-104 (Description of units), 2-121 (Merger or consolidation of common interest communities), 3-102(a)(1) […]
§36B-1-205. Same — Exception for Small Preexisting Cooperatives and Planned Communities
If a cooperative or planned community created within this state before the effective date of this chapter contains no more than twelve units and is not subject to any development rights, it is subject only to sections 1-105 (separate titles and taxation), 1-106 (applicability of local ordinances, regulations and building codes), and 1-107 (eminent domain) […]
§36B-1-206. Same — Amendments to Governing Instruments
(a) In the case of amendments to the declaration, bylaws or plats and plans of any common interest community created before the effective date of this chapter: (1) If the result accomplished by the amendment was permitted by law prior to this chapter, the amendment may be made either in accordance with that law, in […]