Title 27A, Title 27A: Uniform Common Interest Ownership Act (1994)

§ 3-105. Termination of contracts and leases of declarant (a) Within two years after the executive board elected by the unit owners pursuant to subsection 3-103(f) of this title takes office, the association may terminate without penalty, upon at least 90 days’ notice to the othe…

§ 3-106. 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) provide for election by the executive board or, if the declaration requires, by the unit owners, of a president…

§ 3-107. Upkeep of common interest community (a) Except to the extent provided by the declaration and subsections 3-113(b) and (h) of this title, the association shall be responsible for maintenance, repair and replacement of the common elements, and each unit owner shall be resp…

§ 3-108. Meetings (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 of unit owne…

§ 3-109. Quorum (a) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the unit owners if persons entitled to cast 20 percent of the votes in the association: (1) are present in person or by proxy at the beginning of the meeting; (2) have cast abse…

§ 3-110. Voting; proxies; ballots (a) Unless prohibited or limited by the declaration or bylaws, unit owners may vote at a meeting in person, by absentee ballot pursuant to subdivision (b)(4) of this section, by a proxy pursuant to subsection (c) of this section or, when a vote i…

§ 3-111. Tort and contract liability (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 declarant is liable for that dec…

§ 3-112. Conveyance or encumbrance of common elements (a) Portions of the common elements may be conveyed or subject to a security interest by the association, if persons entitled to cast at least 80 percent of the votes in the association, including 80 percent of the votes alloc…

§ 3-113. Insurance (a) After no later than the date of the first conveyance of a unit to a person other than a declarant, to the extent reasonably available and subject to reasonable deductibles, the association shall maintain the following insurance coverage: (1) Property insura…

§ 3-114. 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 expense lia…

§ 3-115. Assessments for common expenses (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 shall be made at least annually, based on a budget adopted at leas…

§ 3-116. Lien for sums due association; enforcement (a) The association has a statutory lien on a unit for any assessment attributable to that unit or fines imposed against its unit owner. Unless the declaration otherwise provides, reasonable attorney’s fees and costs, other fees…

§ 3-117. Other liens (a) Except as otherwise provided in subsection (b) of this section, a judgment for money against the association pursuant to 12 V.S.A. § 4531a, if recorded, is not a lien on the common elements, but is a lien in favor of the judgment lienholder against all of…

§ 3-118. Association records (a) An association shall retain the following: (1) detailed records of receipts and expenditures affecting the operation and administration of the association and other appropriate accounting records; (2) minutes of all meetings of its unit owners and…

§ 3-119. Association as trustee A third person dealing with the association in the association’s capacity as a trustee may assume without inquiry that the association has trust powers and will properly exercise them. A third person, without actual knowledge that the association i…

§ 3-120. Rules (a) Before adopting, amending, or repealing any rule, the executive board shall give all unit owners notice of: (1) its intention to adopt, amend, or repeal a rule and provide the text of the rule or the proposed change; and (2) a date on which the executive board …

§ 3-121. Notice to unit owners (a) An association shall deliver any notice required to be given by the association under this title to any mailing or electronic mail address a unit owner designates. Otherwise, the association may deliver notices by: (1) hand delivery to each unit…

§ 3-122. Removal of officers and directors (a) Notwithstanding any provision of the declaration or bylaws to the contrary, unit owners present in person, by proxy, or by absentee ballot at any meeting of the unit owners at which a quorum is present may remove any member of the ex…

§ 3-123. Adoption of budgets; special assessments (a) The executive board, at least annually, shall adopt a proposed budget for the common interest community for consideration by the unit owners. Not later than 30 days after adoption of a proposed budget, the executive board shal…

§ 3-124. Litigation involving declarant (a) The following requirements apply to an association’s authority under subdivision 3-102 (a)(4) of this title to institute and maintain a proceeding alleging a construction defect with respect to the common interest community, whether by …