Effective – 28 Aug 1983 448.2-107. Allocation of common element interests, votes, and common expense liabilities. — 1. 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 […]
Effective – 28 Aug 1983 448.2-108. Limited common elements. — 1. Except for the limited common elements described in subdivisions (2) and (4) of section 448.2-102, the declaration shall specify to which unit or units each limited common element is allocated. That allocation may not be altered without the consent of the unit owners whose […]
Effective – 28 Aug 1988 448.2-109. Plats and plans. — 1. Plats and plans are a part of the declaration. Separate plans are not required by sections 448.1-101 to 448.4-120 if all the information required by this section is contained in the plat. Each plat and plan shall be clear and legible and contain a […]
Effective – 28 Aug 1983 448.2-110. Exercise of development rights. — 1. To exercise any development right reserved under subdivision (1) of section 448.2-105, the declarant shall prepare, execute, and record an amendment to the declaration and comply with section 448.2-109. The declarant is the unit owner of any units thereby created. The amendment to […]
Effective – 28 Aug 1983 448.2-111. 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 condominium; […]
Effective – 28 Aug 1983 448.2-112. Relocation of boundaries between adjoining units. — 1. Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of […]
Effective – 28 Aug 1983 448.2-113. Subdivision of units. — 1. If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare or cause […]
Effective – 28 Aug 1983 448.2-114. Monuments as boundaries. — The existing physical boundaries of a unit or the physical boundaries of a unit reconstructed in substantial accordance with the original plats and plans thereof, become the boundaries of such unit rather than the metes and bounds expressed in the deed or plat or plan, […]
Effective – 28 Aug 1983 448.2-115. Use for sale purposes. — A declarant may maintain sales offices, management offices, and models in units or on common elements in the condominium only if the declaration so provides and specifies the rights of a declarant with regard to the number, size, location, and relocation thereof. Any sales […]
Effective – 28 Aug 1983 448.2-116. Easement 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 sections 448.1-101 to 448.4-120 or reserved in the declaration. […]
Effective – 28 Aug 1983 448.2-117. Amendment of declaration. — 1. Except in cases of amendments that may be executed by a declarant under subsection 6 of section 448.2-109, or section 448.2-110; the association, under section 448.1-107, subsection 4 of section 448.2-106, subsection 3 of section 448.2-108, or subsection 1 of section 448.2-112, or section […]
Effective – 28 Aug 1983 448.2-118. Termination of a condominium. — 1. Except in the case of a taking of all the units by eminent domain, 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 […]
Effective – 28 Aug 1983 448.2-119. Rights of secured lenders. — The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but […]
Effective – 28 Aug 1983 448.2-120. Master associations. — 1. If the declaration for a condominium provides that any of the powers described in section 448.3-102 are to be exercised by or may be delegated to a profit or not for profit corporation or unincorporated association which exercises those or other powers on behalf of […]
Effective – 28 Aug 1983 448.2-121. Merger or consolidation of condominiums. — 1. Any two or more condominiums may, by agreement of the unit owners as provided in subsection 2 of this section, be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the […]
Effective – 28 Aug 1983 448.3-101. Organization of unit owners’ association. — A unit owners’ association shall be organized no later than the date the first unit in the condominium is conveyed. The membership of the association at all times shall consist exclusively of all the unit owners or, following termination of the condominium, of […]
Effective – 28 Aug 1983 448.3-102. Powers of unit owners’ association. — 1. Subject to the provisions of the declaration, the association, even if unincorporated, may: (1) Adopt and amend bylaws and rules and regulations; (2) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners; (3) […]
Effective – 28 Aug 1983 448.3-103. Executive board members and officers. — 1. Except as provided in the declaration, the bylaws, subsection 2 of this section, or other provisions of sections 448.1-101 to 448.4-120, the executive board may act in all instances on behalf of the association. In the performance of their duties, the officers […]
Effective – 28 Aug 1983 448.3-104. Transfer of special declarant rights. — 1. No special declarant rights created or reserved under sections 448.1-101 to 448.4-120 may be transferred except by an instrument evidencing the transfer recorded in every county in which any portion of the condominium is located. The instrument is not effective unless executed […]
Effective – 28 Aug 1983 448.3-105. Termination of contracts and leases of declarant. — If entered into before the executive board elected by the unit owners pursuant to subsection 6 of section 448.3-103 takes office, (1) any management contract, employment contract, or lease of recreational or parking areas or facilities, (2) any other contract or […]
