§36B-2-106. Leasehold Common Interest Communities
(a) Any lease, the expiration or termination of which may terminate the common interest community or reduce its size, must be recorded. Every lessor of those leases in a condominium or planned community shall sign the declaration. The declaration must state: (1) The recording data for the lease;
§36B-2-107. Allocation of Allocated Interests
(a) The declaration must allocate to each unit: (i) In a condominium, a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, (section 3-115(a)) and a portion of the votes in the association; (ii) In a cooperative, an ownership interest in the association, a fraction or […]
§36B-2-108. Limited Common Elements
(a) Except for the limited common elements described in section 2-102(2) and (4), the declaration must specify to which unit or units each limited common element is allocated. An allocation may not be altered without the consent of the unit owners whose units are affected. (b) Except as the declaration otherwise provides, a limited common […]
§36B-2-109. Plats and Plans
(a) Plats and plans are a part of the declaration and are required for all common interest communities except cooperatives. Separate plats and plans are not required by this chapter if all the information required by this section is contained in either a plat or plan. Each plat and plan must be clear and legible […]
§36B-2-110. Exercise of Development Rights
(a) To exercise any development right reserved under section 2-105(a)(8), the declarant shall prepare, execute and record an amendment to the declaration (section 2-117) and in a condominium or planned community comply with section 2- 109. The declarant is the unit owner of any units thereby created. The amendment to the declaration must assign an […]
§36B-2-111. Alterations of Units
Subject to the provisions of the declaration and other provisions of law, a unit owner: (1) May make any improvements or alterations to his unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the common interest community;
§36B-2-103. Construction and Validity of Declaration and Bylaws
(a) All provisions of the declaration and bylaws are severable. (b) The rule against perpetuities does not apply to defeat any provision of the declaration, bylaws, rules or regulations adopted pursuant to section 3-102(a)(1). (c) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to […]
§36B-2-104. Description of Units
A description of a unit which sets forth the name of the common interest community, the recording data for the declaration, the county in which the common interest community is located, and the identifying number of the unit, is a legally sufficient description of that unit and all rights, obligations and interests appurtenant to that […]
§36B-2-105. Contents of Declaration
(a) The declaration must contain: (1) The names of the common interest community and the association and a statement that the common interest community is either a condominium, cooperative or planned community;
§36B-1-207. Applicability to Nonresidential Planned Communities
This chapter does not apply to a planned community in which all units are restricted exclusively to nonresidential use unless the declaration provides that the chapter does apply to that planned community. This chapter applies to a planned community containing both units that are restricted exclusively to nonresidential use and other units that are not […]