Note Part heading amended by L 2005, c 93, pt of §2. §514B-31 Creation. (a) To create a condominium property regime, all of the owners of the fee simple interest in land shall execute and record a declaration submitting the land to the condominium property regime. Upon recordation of the master deed together with a […]
§514B-32 Contents of declaration. (a) A declaration shall describe or include the following: (1) The land submitted to the condominium property regime; (2) The number of the condominium map filed concurrently with the declaration; (3) The number of units in the condominium property regime; (4) The unit number of each unit and common interest appurtenant […]
§514B-33 Condominium map. (a) A condominium map shall be recorded with the declaration. The condominium map shall contain the following: (1) A site plan for the condominium property regime, depicting the location, layout, and access to a public road of all buildings and projects included or anticipated to be included in the condominium property regime, […]
§514B-34 Condominium map; certification of architect, engineer, or surveyor. (a) The condominium map shall bear the statement of a licensed architect, engineer, or surveyor certifying that the condominium map is consistent with the plans of the condominium’s building or buildings filed or to be filed with the government official having jurisdiction over the issuance of […]
§514B-35 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 thereof are a part of the unit, and all other […]
§514B-36 Leasehold units. An undivided interest in the land that is subject to a condominium property regime equal to a unit’s common interest may be leased to the unit owner, and the unit and its common interest in the common elements exclusive of the land may be conveyed to the unit owner. The conveyance of […]
§514B-37 Common interest. Each unit shall have the common interest it is assigned in the declaration. Except as provided in sections 514B-32(a)(12), 514B-46, and 514B-140(d) and except as provided in the declaration, a unit’s common interest shall be permanent and remain undivided, and may not be altered or partitioned without the consent of the owner […]
§514B-38 Common elements. Each unit owner may use the common elements in accordance with the purposes permitted under the declaration, subject to: (1) The rights of other unit owners to use the common elements; (2) Any owner’s exclusive right to use of the limited common elements as provided in the declaration; (3) The right of […]
§514B-39 Limited common elements. If the declaration designates any portion of the common elements as limited common elements, those limited common elements shall be subject to the exclusive use of the owner or owners of the unit or units to which they are appurtenant, subject to the provisions of the declaration and bylaws. No amendment […]
§514B-40 Transfer of limited common elements. Except as provided in the declaration, any unit owner may transfer or exchange a limited common element that is assigned to the owner’s unit to another unit. Any transfer shall be executed and recorded as an amendment to the declaration. The amendment need only be executed by the owner […]
§514B-41 Common profits and expenses. (a) The common profits of the property shall be distributed among, and the common expenses shall be charged to, the unit owners, including the developer, in proportion to the common interest appurtenant to their respective units, except as otherwise provided in the declaration or bylaws. In a mixed-use project containing […]
§514B-42 Metering of utilities. (a) Units in a project that includes units designated for both residential and nonresidential use shall have separate meters, or calculations shall be made, or both, as may be practicable, to determine the use by the nonresidential units of utilities, including electricity, water, gas, fuel, oil, sewerage, air conditioning, chiller water, […]
§514B-43 Liens against units. (a) For purposes of this section: “Lien” means a lien created pursuant to chapter 507, part II. “Visible commencement of operations” shall have the meaning it has in section 507-41. (b) If visible commencement of operations occurs prior to the creation of the condominium, then, upon creation of the condominium, liens […]
§514B-44 Contents of deeds or leases of units. Deeds or leases of units adequately describe the property conveyed or leased if they contain the following information: (1) The title and date of the declaration and the declaration’s bureau of conveyances or land court document number or liber and page numbers; (2) The unit number of […]
§514B-45 Blanket mortgages and other blanket liens affecting a unit at time of first conveyance or lease. At the time of the first conveyance or lease of each unit, every mortgage and other lien, except any improvement district or utility assessment, affecting both the unit and any other unit shall be paid and satisfied of […]
§514B-46 Merger of projects or increments. (a) Two or more projects, or increments of a project, whether or not adjacent to one another, but that are part of the same incremental plan of development and in the same vicinity, may be merged together so as to permit the joint use of the common elements of […]
§514B-47 Removal from provisions of this chapter. (a) If: (1) Owners of units to which are appurtenant at least eighty per cent of the common interests execute and record an instrument to the effect that they desire to remove the property from this chapter, and the holders of all liens affecting any of such units […]
