Title 47, Title 47: Land and Land Titles

Sec. 47-218. Applicability to amendments to governing instruments. (a) The declaration, bylaws or surveys and plans of any common interest community created before January 1, 1984, may be amended to achieve any result permitted by this chapter regardless of what applicable law pr…

Sec. 47-219. Applicability to out-of-state common interest communities. This chapter does not apply to common interest communities or units located outside this state, but the public offering statement provisions of sections 47-263 to 47-269, inclusive, apply to all contracts for…

Sec. 47-219a. Arrangements re real property costs. Separate common interest community not created thereby. (a) An arrangement between the associations for two or more common interest communities to share the costs of real property taxes, insurance premiums, services, maintenance …

Sec. 47-219b. Exemption re covenant to share costs or other obligations. A covenant that requires the owners of twelve or fewer separately owned parcels of real property to share costs or other obligations associated with a party wall, driveway, well, septic system or other simil…

Sec. 47-220. Creation of common interest community. (a) A common interest community may be created pursuant to this chapter only by recording a declaration executed in the same manner as a deed and, in a cooperative, by conveying the real property subject to that declaration to t…

Sec. 47-221. 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 constitu…

Sec. 47-222. Construction and validity of declaration, bylaws and rules. Marketability of title. Recording of surveys or plans. (a) All provisions of the declaration and bylaws are severable. (b) The rule against perpetuities does not apply to defeat any provision of the declarat…

Sec. 47-223. Description of unit. A description of a unit which sets forth the name of the common interest community, the recording data for the original declaration, the town in which the common interest community is located and the identifying number of the unit, is a legally s…

Sec. 47-224. Contents of declaration. (a) The declaration shall 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; (2) The name of every town in …

Sec. 47-225. Leasehold common interest communities. (a) Any lease the expiration or termination of which may terminate the common interest community or reduce its size, or a memorandum thereof, shall be recorded. Every lessor of those leases in a condominium or planned community …

Sec. 47-226. Allocation of interests. (a) The declaration shall allocate to each unit: (1) In a condominium, 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; (2) in…

Sec. 47-227. Limited common elements. (a) Except for the limited common elements described in subdivisions (2) and (4) of section 47-221 and except to the extent a right to allocate a limited common element is reserved pursuant to subsection (c) of this section, the declaration s…

Sec. 47-228. Surveys and plans. (a) Surveys and plans are required for condominiums and planned communities, but are not required for cooperatives. Any surveys and plans are a part of the declaration. Separate surveys and plans are not required by this chapter if all the informat…

Sec. 47-229. Exercise of development rights. (a) To exercise any development right reserved under subdivision (8) of subsection (a) of section 47-224, the declarant shall prepare, execute and record an amendment to the declaration and in a condominium or planned community comply …

Sec. 47-230. 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 porti…

Sec. 47-230a. Display of object on entry door or entry door frame which is motivated by observance of religious practice or belief. Restrictions. (a) No person may prohibit or hinder the owner, lessee or sublessee of a condominium unit from attaching to an entry door or entry doo…

Sec. 47-231. Relocation of unit boundaries. (a) Subject to the provisions of the declaration and any provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration on application to the association by the owners of those units. If th…

Sec. 47-232. Subdivision of units. (a) If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and any provisions of law, on application of a unit owner to subdivide a unit, the association shall prepa…

Sec. 47-233. Monuments as boundaries. The existing physical boundaries of a unit or the physical boundaries of a unit reconstructed in substantial accordance with the description contained in the original declaration are its legal boundaries, rather than the boundaries derived fr…

Sec. 47-234. Use for sales purposes. A declarant may maintain sales offices, management offices and models in units or on common elements in the common interest community only if the declaration so provides and specifies the rights of a declarant with regard to the number, size, …

Sec. 47-235. Easement and use rights. (a) Subject to the provisions of the declaration, a declarant has such an easement through the common elements as may be reasonably necessary for the purpose of discharging the declarant's obligations or exercising special declarant rights, w…

Sec. 47-236. Amendment of declaration or bylaws. (a) Except in cases of amendments that may be executed by a declarant under subsection (f) of section 47-228 or section 47-229, or by the association under section 47-206, subsection (d) of section 47-225, subsection (c) of section…

Sec. 47-237. Termination of common interest community. (a) Except in the case of a taking of all the units by eminent domain, foreclosure against an entire cooperative of a security interest that has priority over the declaration, or in the circumstances described in subsection (…

Sec. 47-238. Rights of secured lenders. (a) The declaration may require that all or a specified number or percentage of the lenders who hold security interests encumbering the units or who have extended credit to the association and whose consent rights have been granted by agree…

Sec. 47-239. Master associations. (a) If the declaration provides that any of the powers described in section 47-244 are to be exercised by, or may be delegated to, a profit or nonprofit corporation or unincorporated association that exercises those or other powers on behalf of o…

Sec. 47-239a. Termination and dissolution of master association. Establishment of nonstock corporation. In the case of a master association: (1) That is comprised of common interest communities consisting of not less than four hundred units but not more than six hundred units, (2…

Sec. 47-240. Merger or consolidation of common interest communities. (a) Any two or more common interest communities of the same form of ownership, by agreement of the unit owners as provided in subsection (b) of this section, may be merged or consolidated into a single common in…

Sec. 47-241. Addition of unspecified real property. In a planned community, if the right is originally reserved in the declaration, the declarant, in addition to any other development right, may amend the declaration at any time during as many years as are specified in the declar…

Sec. 47-241a. Master planned communities. (a) The declaration for a common interest community may state that it is a master planned community if the declarant has reserved the development right to create at least five hundred units that may be used for residential purposes, and a…

Sec. 47-242. Addition of land or units to limited equity cooperative. (a) For the purposes of this section, “limited equity cooperative” means a cooperative whose declaration contains any restrictions on (1) the amount for which a unit may be sold, or (2) the amount that may be r…

Sec. 47-243. Organization of unit owners' association. A unit owners' association shall be organized no later than the date the first unit in the common interest community is conveyed. The membership of the association at all times shall consist exclusively of all unit owners or,…

Sec. 47-244. Powers and duties of unit owners' association. (a) Except as provided in subsection (b) of this section, and subject to the provisions of the declaration, the association, even if unincorporated: (1) Shall adopt and may amend bylaws, and may adopt and amend rules; (2…

Sec. 47-244a. Unincorporated unit owners' association's statutory agent for service. (a) Not later than January 1, 1992, each unit owners' association, as defined in section 47-202, that is not incorporated in this state shall have and maintain a statutory agent for service in th…

Sec. 47-244b. Service of process on statutory agent. (a) Any process, notice or demand in connection with any action or proceeding required or permitted by law to be served upon a unit owners' association which is subject to the provisions of section 47-244a may be served upon th…

Sec. 47-245. Executive 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. (a) Except as provided in the declaration, the bylaws, subse…

Sec. 47-246. Transfer of special declarant rights. Obligations and liabilities. (a) A special declarant right, as defined in subsection (29) of section 47-202, created or reserved under this chapter may be transferred only by an instrument evidencing the transfer recorded in ever…

Sec. 47-247. Termination of contracts and leases. (a) Except in the case of nonresidential common interest communities as provided in section 47-215, if entered into before the executive board elected by the unit owners pursuant to subsection (f) of section 47-245 takes office, t…

Sec. 47-248. Bylaws. (a) The bylaws of the association shall: (1) Provide the number of members of the executive board and the titles of the officers of the association; (2) unless otherwise specified in the declaration, provide for election by either the executive board or the u…

Sec. 47-249. Upkeep of common interest community. Liability for expenses. (a) Except to the extent provided by the declaration, subsection (b) of this section or subsection (h) of section 47-255, the association is responsible for maintenance, repair and replacement of the common…

Sec. 47-250. Meetings. Rules. (a) The following requirements apply to unit owner meetings: (1) An association shall hold a meeting of unit owners annually at a time, date and place stated in or fixed in accordance with the bylaws; (2) An association shall hold a special meeting o…

Sec. 47-251. Quorum. (a) Unless the bylaws otherwise provide, a quorum is present throughout any meeting of the unit owners if persons entitled to cast twenty per cent of the votes in the association are present in person or by proxy at the beginning of the meeting. (b) Unless th…

Sec. 47-252. Voting. Proxies. Ballots. (a) Unless prohibited or limited by the declaration or bylaws, unit owners may vote (1) by electronic or paper ballot, prior to or at a meeting conducted in person, electronically, or both in person and electronically, and at any continuatio…

Sec. 47-253. Liability. (a) A unit owner is not liable, solely by reason of being a unit owner, for injury or damage arising out of the condition or use of the common elements. Neither the association nor any unit owner except the declarant is liable for that declarant's torts in…

Sec. 47-254. Conveyance or encumbrance of common elements. (a) In a condominium or planned community, portions of the common elements may be conveyed or subjected to a security interest by the association if persons entitled to cast at least eighty per cent of the votes in the as…

Sec. 47-255. Insurance. (a) Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available and subject to reasonable deductibles: (1) Property insurance on the common elem…

Sec. 47-256. Surplus funds. Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of reserves shall be paid annually to the unit owners in proportion to their common expens…