33-1211. Creation of condominium A condominium may only be created pursuant to this chapter by recording a declaration in the same manner as a deed in each county in which any portion of the condominium is located. The declaration shall be indexed in the name of the condominium, the name of the association and otherwise […]
33-1212. 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 are a part of the unit, and all other portions […]
33-1213. Construction and validity of declaration and bylaws A. All provisions of the condominium documents are severable. B. The rule against perpetuities shall not be applied to defeat any provision of the condominium documents. C. Except to the extent inconsistent with this chapter: 1. If a conflict exists between the provisions of the declaration and […]
33-1214. Description of units A description of a unit which sets forth the name of the condominium, the recording data for the declaration, the county or counties in which the condominium is located and the identifying number of the unit is a sufficient legal description of that unit and all common elements, rights, obligations and […]
33-1215. Contents of declaration A. The declaration shall contain: 1. The name of the condominium, which shall include the word " condominium" or be followed by the words " a condominium" , and the name of the association. 2. The name of every county in which any portion of the condominium is located. 3. A […]
33-1216. Leasehold condominiums A. Any lease, the expiration or termination of which may terminate the condominium or reduce its size, shall be recorded. Unless the lease otherwise specifically provides for the creation of a leasehold condominium and the rights and benefits set forth in this section, each lessor of those leases shall sign or otherwise […]
33-1217. Allocation of common element interests, votes and common expense liabilities A. The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and a portion of the votes in the association, to each unit and state the formulas used to establish those […]
33-1218. Limited common elements A. Except for the limited common elements described in section 33-1212, paragraphs 2 and 4, other than porches, balconies, patios and entryways, the declaration shall specify to which unit or units each limited common element is allocated. The allocation shall not be altered without the consent of the unit owners whose […]
33-1219. Plat A. The plat is a part of the declaration. The plat must be clear and legible. B. The plat shall show: 1. The name of the condominium. 2. The boundaries of the condominium and a legal description of the real estate included in the condominium. 3. The extent of any encroachments on any […]
33-1220. Exercise of development rights A. To exercise a development right the declarant shall prepare, execute and record an amendment to the declaration which shall include a new plat conforming to the requirements of section 33-1219, subsections A and B, if the previously recorded plat does not show the boundaries of the parcel or parcels […]
33-1221. 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 condominium. 2. Shall not change the appearance […]
33-1222. Relocation of boundaries between adjoining units If the declaration expressly permits, the boundaries between or among adjoining units may be relocated by an amendment to the declaration. The owners of the units shall prepare an amendment to the declaration, including the plat, that identifies the units involved, specifies the altered boundaries of the units […]
33-1223. Subdivision of units If the declaration expressly permits, a unit may be subdivided into two or more units. A unit owner shall prepare an amendment to the declaration, including the plat, which identifies the unit involved, specifies the boundaries of each unit created and its dimensions, assigns an identifying number to each unit created […]
33-1224. Easement for encroachments To the extent that any unit or common element encroaches on any other unit or common element as a result of original construction, shifting or settling, or alteration or restoration authorized by the declaration, a valid easement for the encroachment exists.
33-1225. Use for sale purposes A declarant may maintain sales offices, management offices and models in units or on common elements in the condominium unless: 1. The declaration provides otherwise. 2. Such use is prohibited by another provision of law or local ordinances.
33-1226. Easement to facilitate exercise of special declarant rights Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant’s obligations or exercising special declarant rights, whether arising under this chapter or reserved in the declaration.
33-1227. Amendment of declaration A. Except in cases of amendments that may be executed by a declarant under section 33-1220, by the association under section 33-1206 or section 33-1216, subsection D, or by certain unit owners under section 33-1218, subsection B, section 33-1222, section 33-1223 or section 33-1228, subsection D, and except to the extent […]
33-1228. Termination of condominium A. Except as provided in subsection B of this section, a condominium may be terminated only by agreement of unit owners of units to which at least eighty percent of the votes in the association are allocated, or any larger percentage the declaration specifies, except: 1. In the case of a […]
33-1229. Rights of secured lenders The declaration may require that all or a specified number or percentage of the mortgagees, beneficiaries of deeds of trust or sellers under contracts, as defined in section 33-741, for conveyance of real property encumbering the units approve specified actions of the unit owners or the association as a condition […]
33-1230. Merger or consolidation of condominiums A. Any two or more condominiums, by agreement of the unit owners as provided in subsection B, may be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium is, for all purposes, the legal successor […]
