Chapter 828. Common Interest Ownership Act

Section

47-200Short title: Common Interest Ownership Act.47-201Applicability of chapter.47-202Definitions.47-203Variation by agreement and waiver of rights prohibited. Exceptions.47-204Separate titles and taxation. Recording of certificate by cooperative. Conveyance of interest in cooperative.47-205Applicability of real property use laws to conversion of buildings to common interest ownership.47-206Eminent domain.47-207Supplemental general principles of law applicable.47-208Construction against implicit repeal.47-209Severability.47-210Unconscionable contracts or contract clauses. Leases involving land or facilities in residential common interest communities that are presumed to be unconscionable.47-211Obligation of good faith.47-212Remedies to be liberally administered.47-213Adjustment of dollar amount and resale certificate fee.47-213aRelationship of chapter to Electronic Signatures in Global and National Commerce Act.47-214Applicability of chapter and amendments thereto to common interest communities.47-215Applicability to nonresidential, mixed use and small common interest communities, limited expense liability planned communities and common interest communities with a conversion building.47-216Applicability to preexisting common interest communities.47-217Exception for certain preexisting common interest communities.47-218Applicability to amendments to governing instruments.47-219Applicability to out-of-state common interest communities.47-219aArrangements re real property costs. Separate common interest community not created thereby.47-219bExemption re covenant to share costs or other obligations.47-220Creation of common interest community.47-221Unit boundaries.47-222Construction and validity of declaration, bylaws and rules. Marketability of title. Recording of surveys or plans.47-223Description of unit.47-224Contents of declaration.47-225Leasehold common interest communities.47-226Allocation of interests.47-227Limited common elements.47-228Surveys and plans.47-229Exercise of development rights.47-230Alterations of units.47-230aDisplay of object on entry door or entry door frame which is motivated by observance of religious practice or belief. Restrictions.47-231Relocation of unit boundaries.47-232Subdivision of units.47-233Monuments as boundaries.47-234Use for sales purposes.47-235Easement and use rights.47-236Amendment of declaration or bylaws.47-237Termination of common interest community.47-238Rights of secured lenders.47-239Master associations.47-239aTermination and dissolution of master association. Establishment of nonstock corporation.47-240Merger or consolidation of common interest communities.47-241Addition of unspecified real property.47-241aMaster planned communities.47-242Addition of land or units to limited equity cooperative.47-243Organization of unit owners' association.47-244Powers and duties of unit owners' association.47-244aUnincorporated unit owners' association's statutory agent for service.47-244bService of process on statutory agent.47-245Executive board members and officers. Duties. Period of declarant control: Delivery of property and documents by declarant; current financial statement. Prohibitions re elections of executive board members.47-246Transfer of special declarant rights. Obligations and liabilities.47-247Termination of contracts and leases.47-248Bylaws.47-249Upkeep of common interest community. Liability for expenses.47-250Meetings. Rules.47-251Quorum.47-252Voting. Proxies. Ballots.47-253Liability.47-254Conveyance or encumbrance of common elements.47-255Insurance.47-256Surplus funds.47-257Assessments for common expenses. Assessments due to wilful misconduct, failure to comply with standards or gross negligence.47-258Lien for assessments and other sums due association. Enforcements.47-259Other liens.47-260Association records. Copies. Fees.47-261Association as trustee.47-261aBasic education program for association members and management.47-261bRules.47-261cNotice to unit owners.47-261dRemoval of officers and directors.47-261eAdoption of budgets. Special assessments. Loan agreements.47-261fLitigation involving declarant.47-261gElectric vehicle charging station in unit parking space or limited common element parking space.47-262Applicability of part. Exceptions to requirement of public offering statement or resale certificate.47-263Public offering statement requirements. Liability.47-264Public offering statement. General provisions and requirements.47-265Requirements for public offering statement when community is subject to development rights.47-266Requirements for public offering statement when ownership or occupancy is by time shares.47-267Requirements for public offering statement when community contains conversion building.47-268Requirements for public offering statement when interest in community is security.47-269Purchaser's right to cancel.47-270Resales of units.47-271Escrow of deposits. Distribution of interest.47-272Release of liens.47-273Rights of tenants in conversion buildings.47-274Express warranties of quality.47-275Implied warranties of quality.47-276Exclusion or modification of implied warranties of quality.47-277Action for breach of warranty. Statute of limitations.47-278Cause of action to enforce chapter, declaration or bylaws. Attorney's fees and costs. Alternative dispute resolution. Hearings before executive board.47-279Labeling of promotional material.47-280Declarant's obligation to complete and restore.47-281Substantial completion of units required.47-282Statement of policy.47-283Definitions.47-284Conversion tenant's right to conversion notice and public offering statement.47-285Conversion tenant's right to purchase converted unit.47-286Conversion tenant's right to terminate lease and abandon unit.47-287Conversion tenant's right to relocation payment.47-288Registration of common interest community. Notice to Department of Housing.47-289Rent increases of conversion tenants.47-290Eviction of conversion tenants.47-291Unenforceable lease provisions.47-292Tenant's cause of action.47-293Applicability of protection afforded conversion tenants.47-294Complaints of violations. Investigations. Enforcement action by Attorney General.47-295Regulations.47-296 to 47-29947-296 to 47-299