Chapter 76 — REAL PROPERTY
1,095 sections in this chapter.
Neb. Rev. Stat. § 76-860 Unit owners association; powers.
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(a) Except as provided in subsection (b) of this section and 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 revenue, expenditures, and reserves and c…
Neb. Rev. Stat. § 76-861 Executive board; members and officers; powers and duties; condominium statement; filing with register of deeds.
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(a) Except as provided in the declaration, the bylaws, subsection (b) of this section, or other provisions of the Nebraska Condominium Act, the executive board may act in all instances on behalf of the association. In the performance of their duties, the officers and members of t…
Neb. Rev. Stat. § 76-862 Transfer of special declarant right; procedure; transferor; successor; liabilities.
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(a) No special declarant right as defined in subsection (23) of section 76-827 created or reserved under sections 76-825 to 76-894 may be transferred except by an instrument evidencing the transfer recorded in every county in which any portion of the condominium is located. The i…
Neb. Rev. Stat. § 76-863 Termination of contracts and leases of declarant.
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If entered into before the executive board elected by the unit owners pursuant to subsection (f) of section 76-861 takes office, (i) any management contract, service contract, employment contract, or lease of recreational or parking areas or facilities or (ii) any other contract …
Neb. Rev. Stat. § 76-864 Bylaws of association; contents.
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(a) The bylaws of the association must provide for: (1) The number of members of the executive board and the titles of the officers of the association; (2) Election by the executive board of a president, treasurer, secretary, and any other officers of the association the bylaws s…
Neb. Rev. Stat. § 76-865 Upkeep of condominium; duties.
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(a) Except to the extent provided by the declaration, subsection (b) of this section, or subsection (h) of section 76-871, the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, a…
Neb. Rev. Stat. § 76-866 Association; meetings.
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A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the executive board, or by unit owners having twenty percent, or any lower percentage specified in the bylaws, of the votes in the …
Neb. Rev. Stat. § 76-867 Quorums.
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(a) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast thirty-five percent of the votes which may be cast for election of the executive board are present in person or by proxy at the beginning of the meet…
Neb. Rev. Stat. § 76-868 Voting; proxies.
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(a) If only one of the multiple owners of a unit is present at a meeting of the association, he or she is entitled to cast all the votes allocated to that unit. If more than one of the multiple owners are present, the votes allocated to that unit may be cast only in accordance wi…
Neb. Rev. Stat. § 76-869 Tort and contract liability.
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(a) Neither the association nor any unit owner except the declarant is liable for that declarant's torts in connection with any part of the condominium which that declarant has the responsibility to maintain. Otherwise, an action alleging a wrong done by the association must be b…
Neb. Rev. Stat. § 76-870 Encumbrance or conveyance of common elements; procedure.
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(a) Portions of the common elements may be encumbered or conveyed or otherwise subjected to a security interest by the association if persons entitled to cast at least sixty-seven percent of the votes in the association, including sixty-seven percent of the votes allocated to uni…
Neb. Rev. Stat. § 76-871 Insurance; requirements.
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(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: (1) Property insurance on the property including the common elements insuring against all risks of dire…
Neb. Rev. Stat. § 76-872 Surplus funds; distribution.
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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 must be paid to the unit owners in proportion to their common expense liabilities or credited to them to r…
Neb. Rev. Stat. § 76-873 Assessment for common expenses.
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(a) Until the association makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the association, assessments must be made at least annually. After one-third of the members of the executive board are elected by unit o…
Neb. Rev. Stat. § 76-874 Lien for assessments.
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(a) The association has a lien on a unit for any assessment levied against that unit from the time the assessment becomes due and a notice containing the dollar amount of such lien is recorded in the office where mortgages are recorded. The association's lien may be foreclosed in…
Neb. Rev. Stat. § 76-874.01 Payments to escrow account; use.
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(a) The association may require a person who purchases a unit on or after September 6, 2013, to make payments into an escrow account established by the association until the balance in the escrow account for that unit is in an amount not to exceed six months of assessments. (b) A…
Neb. Rev. Stat. § 76-875 Liens affecting the condominium.
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(a) Except as provided in subsection (b) of this section, a judgment for money against the association, if the transcript is properly filed, is not a lien on the common elements, but is a lien in favor of the judgment lienholder against all of the units in the condominium at the …
Neb. Rev. Stat. § 76-876 Association records.
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The association shall keep financial records sufficiently detailed to enable the association to comply with section 76-884. All financial and other records of the association shall be made reasonably available for examination by any unit owner and his or her authorized agents.
Neb. Rev. Stat. § 76-877 Association as trustee.
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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 is not bound to inquire whether the association has po…
Neb. Rev. Stat. § 76-878 Applicability; waiver.
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(a) Sections 76-878 to 76-894 apply to all units subject to sections 76-825 to 76-894, except as provided in subsection (b) of this section or as modified or waived by agreement of purchasers of units in a condominium in which all units are restricted to nonresidential use. (b) N…
Neb. Rev. Stat. § 76-879 Public-offering statement; requirements.
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(a) Except as provided in section 76-878 or subsection (b) of this section, a declarant, prior to the offering of any interest in a unit to the public, shall prepare a public-offering statement conforming to the requirements of sections 76-825 to 76-894. (b) A declarant may trans…
Neb. Rev. Stat. § 76-880 Public-offering statement; general provisions.
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(a) A public-offering statement must contain or fully and accurately disclose: (1) the name and principal address of the declarant and of the condominium; (2) a general description of the condominium and the amenities the declarant anticipates including, to the extent possible, t…
Neb. Rev. Stat. § 76-881 Public-offering statement; conversion building; information required.
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(a) The public-offering statement of a condominium containing any conversion building must contain, in addition to the information required by section 76-880: (1) a brief statement by an architect or a professional engineer describing the apparent condition of the structural comp…
Neb. Rev. Stat. § 76-882 Public-offering statement filed with Securities and Exchange Commission; effect.
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If an interest in a condominium is currently registered with the Securities and Exchange Commission of the United States, a declarant satisfies all requirements relating to the preparation of a public-offering statement of the Nebraska Condominium Act if he or she delivers to the…
Neb. Rev. Stat. § 76-883 Delivery of public-offering statement; purchaser's rights.
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(a) A person required to deliver a public-offering statement pursuant to subsection (c) of section 76-879 shall provide a purchaser of a unit with a copy of the public-offering statement and all amendments thereto before conveyance of that unit and not later than the date of any …
Neb. Rev. Stat. § 76-884 Resale of unit; information required.
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(a) Except in the case of a sale where delivery of a public-offering statement is required or unless exempt under subsection (b) of section 76-878, the unit owner and any other person in the business of selling real estate who offers a unit to a purchaser shall furnish to a purch…
Neb. Rev. Stat. § 76-885 Sale or conveyance of unit; release of liens.
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(a) In the case of a sale of a unit where delivery of a public-offering statement is required pursuant to subsection (c) of section 76-879, a seller shall, before conveying a unit, record or furnish to the purchaser, releases of all liens affecting that unit and its common elemen…
Neb. Rev. Stat. § 76-886 Conversion buildings; rights of tenants.
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(a) A declarant of a condominium containing conversion buildings, and any person in the business of selling real estate for his or her own account who intends to offer units in such a condominium shall give each of the residential tenants and any residential subtenant in possessi…
Neb. Rev. Stat. § 76-887 Express warranties; creation.
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Express warranties made by any seller to a purchaser of a unit, if relied upon by the purchaser, are created as follows: (a) any written affirmation of fact or written promise which relates to the unit, its use, or rights appurtenant thereto, area improvements to the condominium …
Neb. Rev. Stat. § 76-888 Implied warranties of quality.
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A declarant and any person in the business of selling real estate for his or her own account warrants that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and…
Repealed. Laws 1984, LB 1105, § 23.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-890 Warranties; statute of limitations; judicial proceedings; notice; effect; strict compliance; required.
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(a) A judicial proceeding for breach of any obligation arising under section 76-887 or 76-888 must be commenced within two years after the cause of action accrues, but the parties may agree to reduce the period of limitation to not less than one year. With respect to a unit that …
Repealed. Laws 1993, LB 478, § 18.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-891.01 Effect of violations on rights of action; attorney's fees.
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If a declarant or any other person subject to the Nebraska Condominium Act fails to comply with any provision of the act or any provision of the declaration or bylaws, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. T…
Neb. Rev. Stat. § 76-892 Labeling of promotional material.
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Promotional material may be displayed or delivered to prospective purchasers which display amenities provided they are labeled: (a) Must Be Built or (b) Need Not Be Built.
Neb. Rev. Stat. § 76-893 Declarant; liability for repair and restoration.
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The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the condominium, of any portion of the condominium affected by the exercise of rights reserved pursuant to or created by sections 76-847 to 76-850, 76-852,…
Neb. Rev. Stat. § 76-894 Conveyance of unit; when authorized.
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In the case of a sale of a unit where delivery of a public-offering statement is required, a contract of sale may be executed, but no interest in that unit may be conveyed, until the declaration is recorded and the unit is substantially completed, as evidenced by a recorded certi…
Neb. Rev. Stat. § 76-901 Tax on grantor; rate.
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There is hereby imposed a tax on the grantor executing the deed as defined in section 76-203 upon the transfer of a beneficial interest in or legal title to real estate at the rate of three dollars and thirty-two cents for each one thousand dollars value or fraction thereof for t…
Neb. Rev. Stat. § 76-902 Tax; exemptions.
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The tax imposed by section 76-901 shall not apply to: (1) Deeds recorded prior to November 18, 1965; (2) Deeds to property transferred by or to the United States of America, the State of Nebraska, or any of their agencies or political subdivisions; (3) Deeds which secure or relea…
Neb. Rev. Stat. § 76-903 Design; collection of tax; refund; procedure; disbursement.
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The Tax Commissioner shall design such stamps in such denominations as in his or her judgment will be the most advantageous to all persons concerned. When any deed subject to the tax imposed by section 76-901 is offered for recordation, the register of deeds shall ascertain and c…
Neb. Rev. Stat. § 76-904 Deeds; filing without stamps; prohibited; removal of stamps from deed; prohibited.
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The register of deeds shall accept no deeds, instruments, or writings for conveyance of any lands, tenements, or other realty sold unless the stamps as are provided for in section 76-901 are attached and canceled. The stamps shall not be subsequently removed from the deed.
Neb. Rev. Stat. § 76-905 Register of deeds; recording deed with insufficient tax paid; penalty.
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Any register of deeds who shall record any deed upon which a tax is imposed by the provisions of sections 76-901 to 76-907 without collecting the proper amount of tax as required by the provisions of sections 76-901 to 76-907 as is indicated in the declaration appended to such de…
Neb. Rev. Stat. § 76-906 Rules and regulations.
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The Tax Commissioner shall prescribe such rules and regulations as he may deem necessary to carry out the purposes of sections 76-901 to 76-907.
Neb. Rev. Stat. § 76-907 Sections; operative date.
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Sections 76-901 to 76-907 shall become operative on January 1, 1966, or immediately upon the repeal of the federal stamp act on deeds of conveyance of real estate whichever is later. If the repeal of the stamp tax levied by the federal government is conditional upon the levy of a…
Neb. Rev. Stat. § 76-908 Documentary stamp tax; refund; procedure.
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Any person paying the documentary stamp tax imposed by section 76-901 may claim a refund if the payment of such tax was (1) the result of a misunderstanding or honest mistake of the taxpayer, (2) the result of a clerical error on the part of the register of deeds or the taxpayer,…