Title 28, Property

§514B-141 Tort and contract liability; tolling of limitation period. (a) A unit owner is not liable, solely by reason of being a unit owner, for any injury or damage arising out of the condition or use of the common elements. Neither the association nor any unit owner except the …

§514B-142 Aging in place or disabled; limitation on liability. (a) The association, its directors, unit owners, or residents, and their agents and tenants, acting through the board, shall not have any legal responsibility or legal liability, with respect to any actions and recomm…

§514B-143 Insurance. (a) Unless otherwise provided in the declaration or bylaws, the association shall purchase and at all times maintain the following: (b) If a building contains attached units, the insurance maintained under subsection (a)(1), to the extent reasonably available…

§514B-144 Association fiscal matters; assessments for common expenses. (a) Assessments shall be made based on a budget adopted and distributed or made available to unit owners at least annually by the board. (b) Except for assessments under subsections (c), (d), and (e), all comm…

§514B-145 Association fiscal matters; collection of unpaid assessments from tenants or rental agents. (a) If the owner of a unit rents or leases the unit and is in default for thirty days or more in the payment of the unit's share of the common expenses, the board, for as long as…

§514B-146 Association fiscal matters; lien for assessments. (a) All sums assessed by the association but unpaid for the share of the common expenses chargeable to any unit shall constitute a lien on the unit with priority over all other liens, except: provided that a lien recorde…

§514B-146.5 Association fiscal matters; supplemental nonjudicial foreclosure notices; restrictions on power of sale. (a) Any notice of default and intention to foreclose given by an association under section 667-92(a) shall, in addition to the requirements of that section, also i…

[§514B-147] Association fiscal matters; other liens affecting the condominium. (a) Except as provided in subsection (b), a judgment for money against the association, if recorded, is not a lien on the common elements, but is a lien in favor of the judgment lienholder against the …

§514B-148 Association fiscal matters; budgets and replacement reserves. (a) The budget required under section 514B-144(a) shall include a summary with at least the following details: The budget summary shall contain all required information without referring the reader to other p…

§514B-149 Association fiscal matters; handling and disbursement of funds. (a) The funds in the general operating account of the association shall not be commingled with funds of other activities such as lease rent collections, rental, time share, and assisted living facility oper…

§514B-150 Association fiscal matters; audits, audited financial statement. (a) The association shall require an annual audit of the association financial accounts and no less than one annual unannounced verification of the association's cash balance by a public accountant; provid…

§514B-151 Association fiscal matters; lease rent renegotiation. (a) Notwithstanding any provision in the declaration or bylaws, any lease or sublease of the real estate or of a unit, or of an undivided interest in the real estate to a unit owner, whenever any lease or sublease of…

§514B-152 Association records; generally. The association shall keep financial and other records sufficiently detailed to enable the association to comply with requests for information and disclosures related to resale of units. Except as otherwise provided by law, all financial …

§514B-153 Association records; records to be maintained. (a) An accurate copy of the declaration, bylaws, house rules, if any, master lease, if any, a sample original conveyance document, all public reports and any amendments thereto, shall be kept at the managing agent's office.…

§514B-154 Association records; availability; disposal; prohibitions. (a) The association's most current financial statement shall be provided to any interested unit owner at no cost or on twenty-four-hour loan, at a convenient location designated by the board. The meeting minutes…

[§514B-154.2] Governing documents; electronic copies. (a) Notwithstanding any other provision to the contrary in the declaration, bylaws, or house rules, an association shall provide an electronic copy of its governing documents, as amended or restated, to a unit owner or the uni…

§514B-154.5 Association documents to be provided. (a) Notwithstanding any other provision in the declaration, bylaws, or house rules, if any, the following documents, records, and information, whether maintained, kept, or required to be provided pursuant to this section or sectio…

[§514B-155] Association as trustee. With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person shall not be bound…

[§514B-156] Pets. (a) Any unit owner who keeps a pet in the owner's unit pursuant to a provision in the bylaws which allows owners to keep pets or in the absence of any provision in the bylaws to the contrary, upon the death of the animal, may replace the animal with another and …

§514B-157 Attorneys' fees, delinquent assessments, and expenses of enforcement. (a) All costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of the association for: against an owner, occupant, tenant, employee of an owner, or any other person who may…

D. Alternative Dispute Resolution §514B-161 Mediation. [Repeal and reenactment on June 30, 2023. L 2018, c 196, §9.] (a) The mediation of a dispute between a unit owner and the board, unit owner and the managing agent, board members and the board, or directors and managing agents…

[§514B-162] Arbitration. (a) At the request of any party, any dispute concerning or involving one or more unit owners and an association, its board, managing agent, or one or more other unit owners relating to the interpretation, application, or enforcement of this chapter or the…

[§514B-162.5] Voluntary binding arbitration. [Section effective January 2, 2019, and repealed June 30, 2023. L 2018, c 196, §9.] (a) Any parties permitted to mediate condominium related disputes pursuant to section 514B-161 may agree to enter into voluntary binding arbitration, w…

[§514B-163] Trial de novo and appeal. (a) The submission of any dispute to an arbitration under section 514B-162 shall in no way limit or abridge the right of any party to a trial de novo. (b) Written demand for a trial de novo by any party desiring a trial de novo shall be made …

[PART VII. MISCELLANEOUS PROVISIONS] [§514B-191] Retaliation prohibited. (a) An association, board, managing agent, resident manager, unit owner, or any person acting on behalf of an association or a unit owner shall not retaliate against a unit owner, board member, managing agen…

[§514B-2] Applicability. Applicability of this chapter is governed by part II. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]

PART II. APPLICABILITY §514B-21 Applicability. (a) This chapter applies to all condominiums created within this State; provided that such application shall not invalidate existing provisions of the declaration, bylaws, condominium map, or other constituent documents of those cond…

§514B-23 Amendments to governing instruments. (a) The declaration, bylaws, condominium map, or other constituent documents of any condominium created before July 1, 2006 may be amended to achieve any result permitted by this chapter, regardless of what applicable law provided bef…

§514B-3 Definitions. As used in this chapter and in the declaration and bylaws, unless specifically provided otherwise or required by the context: "Affiliate of a developer" means a person that directly or indirectly controls, is controlled by, or is under common control with, th…

PART III. CREATION, ALTERATION, AND TERMINATION OF CONDOMINIUMS [§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. Up…

§514B-32 Contents of declaration. (a) A declaration shall describe or include the following: (b) The declaration may contain any additional provisions that are not inconsistent with this chapter. [L 2005, c 93, pt of §2; am L 2006, c 38, §22 and c 273, §7; am L 2014, c 49, §4; am…

§514B-33 Condominium map. (a) A condominium map shall be recorded with the declaration. The condominium map shall contain the following: (b) The condominium map may contain any additional information that is not inconsistent with this chapter. [L 2005, c 93, pt of §2; am L 2006, …

§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…

[§514B-35] Unit boundaries. Except as provided by the declaration:

[§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 t…

[§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 undivi…

§514B-38 Common elements. Each unit owner may use the common elements in accordance with the purposes permitted under the declaration, subject to:

[§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 …

§514B-4 Separate titles and taxation. (a) Each unit that has been created, together with its appurtenant interest in the common elements, constitutes, for all purposes, a separate parcel of real estate. (b) If there is any unit owner other than a developer, each unit shall be sep…

[§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 declara…

§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 ot…

§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 utiliti…

§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 creati…

[§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: Deeds or leases of units may contain additional information and details deemed desirable and consistent with th…

[§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…

[§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 …