Title 34, Title 34 Title 34

(a) Simultaneously with the recording of the declaration there shall be recorded a standard size, original linen/mylar (21" X 31") record of survey map, as defined in § 34-36-3(15), with 6¼" X 1½" recording information block, which map shall be made by a registered land surveyor …

Every deed, lease, mortgage, or other instrument may legally describe a unit by its identifying number or symbol as designated in the declaration or as shown on the record of survey map, and every description shall be deemed good and sufficient for all purposes, and shall be deem…

The administration of every property shall be governed by bylaws, which may either be embodied in the declaration or in a separate instrument, a true copy of which shall be appended to and recorded with the declaration. No modification or amendment of the declaration or bylaws sh…

The bylaws may provide for the following: (1) The establishment of a management committee, the number of persons constituting the committee and the method of selecting the members of the committee; the powers and duties of the management committee; and whether or not the manageme…

The manager or management committee shall keep detailed, accurate records in chronological order, of the receipts and expenditures affecting the common areas and facilities, specifying and itemizing the maintenance and repair expenses of the common areas and facilities and any ot…

At the time of the first conveyance of each unit, every mortgage and other lien affecting the unit, including the percentage of undivided interest of the unit in the common areas and facilities, shall have been paid and satisfied of record, or the unit being conveyed and its perc…

(a) Subsequent to recording the declaration as provided in this chapter, and while the property remains subject to this chapter, no lien shall thereafter arise or be effective against the property. During the period liens or encumbrances shall arise or be created only against eac…

This chapter shall be applicable only to property which the sole owner or all the owners submit to the provisions of the chapter by duly executing and recording a declaration as provided in the chapter.

(a) It shall be the duty of every unit owner to pay his or her proportionate share of the common expenses. Payment shall be in amounts and at such times as determined by the management committee in accordance with the terms of the declaration or the bylaws. (b) The amount of comm…

In the event any person shall acquire, through foreclosure, exercise of power of sale, or other enforcement of any lien, or by tax deed, the interest of any unit owner, the interest acquired shall be subject to all the provisions of this chapter and to the covenants, conditions, …

(a) All of the unit owners may remove a property from the provisions of this chapter by an instrument duly recorded to that effect, provided that the holders of all liens affecting any of the units consent or agree by instruments duly recorded, that their liens be transferred to …

The removal provided for in § 34-36-22 shall not bar the subsequent resubmission of the property to the provisions of this chapter.

Unless otherwise provided in the declaration or lawful amendments thereto, the common profits of the property shall be distributed among, and the common expenses shall be charged to, the unit owners according to the percentage of their undivided interest in the common areas and f…

In a voluntary conveyance, the grantee of a unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his or her share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee’s rights t…

No unit owner may exempt himself or herself from liability for his or her contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his or her unit.

(a) Each unit and its percentage of undivided interest in the common areas and facilities shall be deemed to be a parcel and shall be subject to separate assessment and taxation by each assessing unit and special district for all types of taxes authorized by law including but not…

The rule of property known as the rule against perpetuities and the rule of property known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any of the provisions of this chapter, or of any declaration, bylaws or other document executed …

(a) The manager, management committee, or association of unit owners, if required by the declaration, bylaws, or by a majority of the unit owners, or at the request of a mortgagee having a first mortgage of record covering a unit, shall have the authority to, and shall, obtain in…

As used in this chapter: (1) “Association of unit owners” means all of the unit owners acting as a group in accordance with the declaration and bylaws. (2) “Building” means a building, containing four (4) or more units, or two (2) or more buildings, with a total of four (4) or mo…

In case of fire or any other disaster, the insurance proceeds, if sufficient to reconstruct the building, shall be applied to such reconstruction. Reconstruction of the building, as used in this section and § 34-36-31 means restoring the building to substantially the same conditi…

Unless otherwise provided in the declaration or bylaws, if the insurance proceeds are insufficient to reconstruct the building, damage to, or destruction of, the building shall be promptly repaired and restored by the manager or management committee, using proceeds of insurance, …

Unless otherwise provided in the declaration or bylaws, and notwithstanding the provisions of §§ 34-36-30 and 34-36-31, the unit owners may, by an affirmative vote of at least three-fourths (¾) of the unit owners, at a meeting of unit owners duly called for that purpose, elect to…

Without limiting the rights of any unit owner, actions may be brought by the manager or management committee, in either case in the discretion of the management committee, on behalf of two (2) or more of the unit owners, as their respective interest may appear, with respect to an…

(a) All unit owners, tenants of the owners, employees of owners and tenants, or any other person who may in any manner use the property or any part thereof submitted to the provisions of this chapter shall be subject to this chapter and to the declaration and bylaws adopted pursu…

(a) Any person who, in reasonable reliance upon any material, false or misleading statements or information published by or under authority from the owner or developer, in advertising and promotional materials, including but not limited to brochures and newspaper advertising, pay…

The court may, in its discretion, award punitive damages and may award reasonable attorney’s fees and costs.

The provisions of this chapter shall be in addition and supplemental to all other provisions of law, statutory or judicially declared, provided that wherever the application of the provisions of this chapter conflicts with the application of the other provisions, this chapter sha…

If any provision of this chapter, or its application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of the chapter which can be given effect without the invalid provisions or application and to this end the provisi…

Whenever there is a conversion of residential real estate from rental status to condominium ownership the following provisions shall apply to the owner, developer, and tenants of the property: (1) All tenants shall be given at least one hundred twenty (120) days notice of the con…

A zoning, subdivision, building code, or other real estate use ordinance, regulation, or any other municipal ordinance, rule or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which would not be imposed upon a physically …

This chapter shall not apply to new declarations of condominiums filed after July 1, 1982; nor shall this chapter apply to condominiums declared before July 1, 1982 where construction has not been commenced, but said condominiums shall be governed by chapter 36.1 of this title. P…

Each unit, together with its undivided interest in the common areas and facilities, shall, for all purposes, constitute real property and may be individually conveyed, leased, and encumbered and may be inherited or devised by will and be subject to all types of juridic acts inter…

Any unit may be held and owned by more than one person as joint tenants, or as tenants in common, or in any other real property tenancy relationship recognized under the laws of the state.

Each unit owner shall be entitled to the exclusive ownership and possession of his or her unit.

(a) Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the declaration. The percentage shall be computed by taking as a basis the value of the unit in relation to the value of the property. (b) The percenta…

Each unit owner shall comply strictly with the covenants, conditions, and restrictions as set forth in the declaration or in the deed to his or her unit, and with the bylaws and/or house rules and with the administrative rules and regulations drafted pursuant thereto, as either o…

No unit owner shall do any work or make any alterations or changes which would jeopardize the soundness or safety of the property, reduce its value or impair any easement or hereditament, without in every such case the unanimous written consent of all the other unit owners being …