Chapter 76 — REAL PROPERTY
1,095 sections in this chapter.
Neb. Rev. Stat. § 76-813 Merger; no bar to subsequent constitution into another condominium property.
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The merger provided for in section 76-812 shall in no way bar the subsequent constitution of the property into another condominium property regime whenever so desired and upon observance of the provisions of sections 76-801 to 76-823.
Neb. Rev. Stat. § 76-814 Administration; bylaws; attach to deed.
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The administration of every building constituted into condominium property shall be governed by bylaws which shall be inserted in or appended to and recorded with the master deed.
Neb. Rev. Stat. § 76-815 Bylaws; contents.
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The bylaws must necessarily provide for at least the following: (1) Form of administration, including the number and method of selecting the board of administrators, and specifying the powers, manner of removal, and, where proper, the compensation thereof; (2) Method of calling m…
Neb. Rev. Stat. § 76-816 Board of administrators; records; examination; condominium statement; filing with register of deeds.
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(1) The board of administrators or other administrative body specified in the bylaws shall keep or cause to be kept a book with a detailed account, in chronological order, of the receipts and expenditures affecting the condominium property regime and its administration and specif…
Neb. Rev. Stat. § 76-817 Expenses; pay pro rata share; failure or refusal; lien; waiver; effect.
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The co-owners of the apartments are bound to pay pro rata, in the percentages computed according to section 76-806, toward the expenses of administration and of maintenance and repair of the general common elements and, in the proper case, of the limited common elements, of the b…
Neb. Rev. Stat. § 76-818 Sale of apartment; expenses; deducted from sale.
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Upon the sale or conveyance of an apartment, all unpaid assessments against a co-owner for his pro rata share in the expenses to which section 76-817 refers shall first be paid out of the sales price or by the acquirer in preference over any other assessments or charges of whatev…
Neb. Rev. Stat. § 76-819 Purchaser; seller; debts owing; liability; tort and contract liability.
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The purchaser of an apartment shall be jointly and severally liable with the seller for the amounts owing by the latter under section 76-817 up to the time of the conveyance, without prejudice to the purchaser's right to recover from the other party the amounts paid by him or her…
Neb. Rev. Stat. § 76-820 Insurance; requirements; deficiency in insurance coverage.
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The association of co-owners shall insure the property and the association against risk, including tort liability, without prejudice to the right of each co-owner to insure himself or herself or his or her apartment or the contents thereof, on his or her own account and for his o…
Neb. Rev. Stat. § 76-820.01 Insurance proceeds insufficient to reconstruct buildings; co-owners liable; property owned by co-owners; effect.
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Unless otherwise provided in the master deed or bylaws, if the insurance proceeds are insufficient to reconstruct the building or buildings, or other property, damage to or destruction of the building or buildings or other property caused by fire or other disaster shall be prompt…
Repealed. Laws 1974, LB 730, § 15.
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[Repealed or reserved.]
Repealed. Laws 1974, LB 730, § 15.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-823 Taxes and assessments; how assessed and collected.
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Taxes, assessments, and other charges of this state, of any political subdivision, of any special improvement district, or of any other taxing or assessing authority shall be assessed against and collected on each individual apartment, each of which shall be carried on the tax bo…
Neb. Rev. Stat. § 76-824 Existing condominium property regimes; amendments to Condominium Property Act; effect.
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Existing condominium property regimes, by approval of the co-owners, may choose to adopt, in whole or in part, amendments to the Condominium Property Act when effective or may choose to continue in existence pursuant to the terms of the act in effect on the date of filing of the …
Neb. Rev. Stat. § 76-824.01 Applicability of sections.
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For condominiums created in this state before January 1, 1984, sections 76-827, 76-829 to 76-831, 76-840, 76-841, 76-869, 76-874, 76-876, 76-884, and 76-891.01, and subdivisions (a)(1) to (a)(6) and (a)(11) to (a)(16) of section 76-860 shall apply to the extent necessary in const…
Neb. Rev. Stat. § 76-825 Act, how cited.
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Sections 76-825 to 76-894 shall be known and may be cited as the Nebraska Condominium Act.
Neb. Rev. Stat. § 76-826 Sections, applicability.
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(a) The Nebraska Condominium Act shall apply to all condominiums created within this state after January 1, 1984. Sections 76-827, 76-829 to 76-831, 76-840, 76-841, 76-869, 76-874, 76-876, 76-884, and 76-891.01, and subdivisions (a)(1) to (a)(6) and (a)(11) to (a)(16) of section …
Neb. Rev. Stat. § 76-827 Terms, defined.
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In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, and in the Nebraska Condominium Act: (1) Affiliate of a declarant means any person who controls, is controlled by, or is under common control with a declarant. A person contro…
Neb. Rev. Stat. § 76-828 Sections; variance, evasion, and waiver; prohibited.
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Except as expressly provided in sections 76-825 to 76-894, provisions of sections 76-825 to 76-894 may not be varied by agreement, and rights conferred by sections 76-825 to 76-894 may not be waived. A declarant may not act under a power of attorney, or use any other device, to e…
Neb. Rev. Stat. § 76-829 Unit; separate treatment; taxation.
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(a) If there is any unit owner other than a declarant, each unit that has been created, together with its 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 declarant, each unit must be separ…
Neb. Rev. Stat. § 76-830 Applicability of local ordinances, regulations, and building codes.
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A zoning, subdivision, building code, or other real estate use law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a physically identical development under a different form of…
Neb. Rev. Stat. § 76-831 Unit; eminent domain; conditions.
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(a) If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the unit owner for his or he…
Neb. Rev. Stat. § 76-832 Supplemental, general provisions of law applicable.
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The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receiver…
Neb. Rev. Stat. § 76-833 Construction against implicit repeal.
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Sections 76-825 to 76-894 being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
Neb. Rev. Stat. § 76-834 Uniformity of application and construction.
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Sections 76-825 to 76-894 shall be applied and construed so as to effectuate their general purpose to make uniform the law with respect to the subject of sections 76-825 to 76-894 among states enacting such sections.
Neb. Rev. Stat. § 76-835 Severability.
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If any provision of sections 76-825 to 76-894 or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of sections 76-825 to 76-894 which can be given effect without the invalid provisions or applic…
Neb. Rev. Stat. § 76-835.01 Unconscionable agreement or term of contract.
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(a) The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unc…
Neb. Rev. Stat. § 76-836 Obligation of good faith.
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Every contract governed by sections 76-825 to 76-894 imposes an obligation of good faith in its performance.
Neb. Rev. Stat. § 76-837 Remedies; how administered and enforced.
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(a) The remedies provided by sections 76-825 to 76-894 shall be administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential or special damages may not be awarded except as specifically provided in…
Neb. Rev. Stat. § 76-838 Creation of condominium; procedure; additional units.
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(a) A condominium may be created pursuant to sections 76-825 to 76-894 only by recording a declaration executed in the same manner as a deed. The declaration must be recorded in every county in which any portion of the condominium is located. (b) An amendment to a declaration add…
Neb. Rev. Stat. § 76-839 Common elements; unit boundaries.
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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 finishe…
Neb. Rev. Stat. § 76-840 Construction and validity of declaration and bylaws.
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(a) All provisions of the declaration and bylaws are severable. (b) The rule against perpetuities may not be applied to defeat any provision of the declaration, bylaws, rules, or regulations adopted pursuant to subdivision (a)(1) of section 76-860. (c) In the event of a conflict …
Neb. Rev. Stat. § 76-841 Legal description of unit; requirements.
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A description of a unit which sets forth the name of the condominium, the recording data for the declaration, the county in which the condominium is located, and the identifying number of the unit, is a sufficient legal description of that unit and all rights, obligations, and in…
Neb. Rev. Stat. § 76-842 Declaration; contents.
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(a) The declaration for a condominium must contain: (1) the name of the condominium, which must include the word condominium or be followed by the words a condominium, and the name of the association; (2) the name of every county in which any part of the condominium is situated; …
Neb. Rev. Stat. § 76-843 Leasehold condominiums; requirements.
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(a) Any lease the expiration or termination of which may terminate the condominium or reduce its size, or a memorandum thereof, shall be recorded. Every lessor of those leases must sign the declaration, and the declaration shall state: (1) where the lease is recorded or a stateme…
Neb. Rev. Stat. § 76-844 Allocation of common elements, expenses, and votes; how made.
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(a) 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 the formulas used to establish those allocations. (b) If …
Neb. Rev. Stat. § 76-845 Limited common elements; allocation; how made.
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(a) Except for the limited common elements described in subdivisions (2) and (4) of section 76-839, 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 units…
Neb. Rev. Stat. § 76-846 Plats and plans; requirements.
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(a) Plats and plans are a part of the declaration. Separate plats and plans are not required by sections 76-825 to 76-894 if all the information required by this section is contained in either a plat or plan. (b) Each plat must show: (1) the name and a survey or general schematic…
Neb. Rev. Stat. § 76-847 Exercise of development rights.
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(a) To exercise any development right reserved under sections 76-825 to 76-894, the declarant shall prepare, execute, and record an amendment to the declaration pursuant to section 76-854 and comply with section 76-846. The declarant is the unit owner of any units thereby created…
Neb. Rev. Stat. § 76-848 Alteration of units.
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Subject to the provisions of the declaration and other provisions of law, a unit owner: (1) may make any improvements or alterations to his or her unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium; (2) m…
Neb. Rev. Stat. § 76-849 Relocation of boundaries between units; procedure.
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(a) 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 the adjoining units have spe…
Neb. Rev. Stat. § 76-850 Subdivision of units; procedure.
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(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 other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute, and record an amen…
Neb. Rev. Stat. § 76-851 Easement for encroachment.
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To the extent that any unit or common element encroaches on any other unit or common element, a valid easement for the encroachment exists. The easement does not relieve a unit owner of liability in case of his or her willful misconduct nor relieve a declarant or any other person…
Neb. Rev. Stat. § 76-852 Use for sales purposes; restrictions.
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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 office…
Neb. Rev. Stat. § 76-853 Easement through common elements.
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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 76-825 to 76-894 or…
Neb. Rev. Stat. § 76-854 Amendment to declaration; procedure.
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(a) Except in cases of amendments that may be executed by (1) a declarant under subsection (f) of section 76-846 or under section 76-847, (2) the association under section 76-831 or 76-850, subsection (d) of section 76-843, subsection (c) of section 76-845, or subsection (a) of s…
Neb. Rev. Stat. § 76-855 Termination of condominium; distribution of proceeds; foreclosure of lien; effect.
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(a) Except in the case of a taking of all units by eminent domain as provided in section 76-831, 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 larger percentage the …
Neb. Rev. Stat. § 76-856 Rights of secured lenders; limitations; restrictions on lien.
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(a) 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 such a…
Neb. Rev. Stat. § 76-857 Corporation, unincorporated association, master association, executive board; powers authorized.
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(a) If the declaration for a condominium provides that any of the powers described in section 76-860 are to be exercised by or may be delegated to a profit or nonprofit corporation, or unincorporated association, which exercises those or other powers on behalf of one or more cond…
Neb. Rev. Stat. § 76-858 Merger or consolidation of condominiums; procedure.
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(a) Any two or more condominiums, by agreement of the unit owners as provided in subsection (b) of this section, may be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium …
Neb. Rev. Stat. § 76-859 Unit owners association; organization.
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A unit owners association must be organized no later than the date the units in the condominium equal to one-half of the total number of units plus one are conveyed. The membership of the association at all times shall consist exclusively of all the unit owners or, following term…