Title 27, Title 27: Property

§ 1305. Ownership of apartments or sites Each apartment or site owner shall be entitled to the exclusive ownership and possession of his or her apartment or site. (Added 1967, No. 228 (Adj. Sess.), § 5, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)

§ 1306. Common areas and facilities (a) Each apartment or site owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the declaration. That percentage shall be computed by taking as a basis the value of the apartment or …

§ 1307. Compliance with covenants, bylaws, and administrative provisions Each apartment or site owner shall comply strictly with the bylaws and with the administrative rules adopted under them, as either may be lawfully amended from time to time, and with the covenants, condition…

§ 1308. Certain work prohibited No apartment or site owner may do any work that would jeopardize the soundness or safety of the property, reduce the value thereof, or impair an easement or hereditament without the unanimous consent of all the other apartment or site owners being …

§ 1309. Liens against apartments or sites; removal from lien; effect of part payment (a) After recording the declaration as provided in this chapter, and while the property remains subject to this chapter, no lien may thereafter arise or be effective against the property. During …

§ 1310. Common profits and expenses Annually, the common profits of the property may be distributed among, and the common expenses shall be charged to, the apartment or site owners according to the percentage of the undivided interest in the common areas and facilities. (Added 19…

§ 1311. Contents of declaration The declaration shall contain the following particulars: (1) Description of the land on which the building or sites and improvements are or are to be located. (2) In the case of a building, a description of the building, stating the number of stori…

§ 1312. Contents of deeds of apartments or sites Deeds of apartments or sites shall include the following particulars: (1) Description of the land as provided in section 1311 of this title, or the post office address of the property, including in either case the book, page and da…

§ 1313. Copy of the floor plans to be filed (a) Simultaneously with the recording of the declaration there shall be filed in the office of the recording officer a lot plan and, in the case of an apartment building, a set of the floor plans of the building showing the layout, loca…

§ 1314. Blanket mortgages and other blanket liens affecting an apartment or site at time of first conveyance At the time of the first conveyance of each apartment or site, every mortgage and other lien affecting the apartment or site, including the percentage of undivided interes…

§ 1315. Recording (a) The declaration, any amendment or amendments thereof, any instrument by which this chapter may be waived, and every instrument affecting the property or any apartment or site shall be entitled to be recorded. Neither the declaration nor any amendment thereof…

§ 1316. Termination, dissolution (a) All of the apartment or site owners may remove a property from the provisions of this chapter by an instrument to that effect, duly recorded, if the holders of all liens affecting any of the apartments or sites consent or agree, in either case…

§ 1317. Resubmission The removal provided for in section 1316 of this title shall in no way bar the subsequent resubmission of the property to the provisions of this chapter. (Added 1967, No. 228 (Adj. Sess.), § 17, eff. Jan. 23. 1968; amended 1993, No. 97, § 2.)

§ 1318. Bylaws The administration of every property shall be governed by bylaws, a true copy of which shall be annexed to the declaration and made a part thereof. No modification of or amendment to the bylaws shall be valid unless set forth in an amendment to the declaration and …

§ 1319. Contents of bylaws (a) The bylaws may provide for the following: (1) The election from among the apartment or site owners of a board of directors, the number of persons constituting it, and that the terms of at least one-third of the directors shall expire annually; the p…

§ 1320. Books of receipts and expenditures; availability for examination The manager or board of directors, as the case may be, shall keep or see to keeping of detailed, accurate records in chronological order, of the receipts and expenditures affecting the common areas and facil…

§ 1321. Waiver of use of common areas and facilities; abandonment of apartment or site No apartment or site 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 …

§ 1322. Separate taxation Each apartment or site and its percentage of undivided interest in the common areas and facilities shall be considered to be a parcel and shall be subject to separate assessment and taxation by each assessing unit and special district for all types of ta…

§ 1323. Priority of lien (a) All sums assessed by the association of owners but unpaid for the share of the common expenses chargeable to any apartment or site shall constitute a lien on that apartment or site prior to all other liens except only (i) tax liens on the apartment or…

§ 1324. Joint and several liability of grantor and grantee for unpaid common expenses In a voluntary conveyance, the grantee of an apartment or site shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for the grantor’s share of the…

§ 1325. Insurance The manager or the board of directors, if required by the declaration, bylaws or by a majority of the apartment or site owners, or at the request of a mortgagee having a first mortgage of record covering an apartment or site, shall have the authority to, and sha…

§ 1326. Disposition of property; destruction or damage If, within 90 days after the date of the damage or destruction to all or part of the property, it is not determined by the association of owners to repair, reconstruct, or rebuild, then and in that event: (1) the property sha…

§ 1327. Actions Without limiting the rights of any apartment or site owner, actions may be brought by the manager or board of directors (in either case in the discretion of the board of directors) on behalf of two or more of the apartment or site owners, as their respective inter…

§ 1328. Personal application (a) All apartment or site owners, their tenants, employees of owners and tenants, or any other persons that may in any manner use property or any part thereof made subject to the provisions of this chapter shall be subject to this chapter and to the d…

§ 1329. Severability If any provision of this chapter or the application thereof in any circumstance is held invalid, the validity of the remainder of the chapter and of its application shall not be affected thereby. (Added 1967, No. 228 (Adj. Sess.), § 29, eff. Jan. 23, 1968; am…

§ 1331. Definitions As used in this subchapter: (1) “Comparable housing” means housing that is decent, safe, sanitary, and in compliance with all local and State housing codes, and provided with facilities equivalent to those provided by the landlord in the dwelling unit in which…

§ 1332. Applicability This subchapter shall apply to the conversion of all residential rental property in the state other than a mobile home park, except the conversion of any single-family dwelling unit that is individually owned but has been rented. Conversion of a mobile home …

§ 1333. Conversion building; notice to tenants (a) If the building to be converted consists of more than five dwelling units or if the building to be converted is part of an apartment complex or is one building in a group of buildings that are contiguous or that share common area…

§ 1334. Exclusive right to purchase (a) For 90 days after giving the notice described in section 1333 of this title, the declarant shall offer to convey each unit or proposed unit occupied for residential use to the tenant who rents that unit. The tenant shall be given all docume…

§ 1335. Comparable housing The declarant may offer a tenant assistance in locating comparable housing. If, as a result, the tenant obtains comparable housing, the tenant may be required upon 90 days’ notice to vacate the premises. (Added 1985, No. 175 (Adj. Sess.), § 5.)

§ 1336. Relocation costs (a) The declarant shall pay the actual documented cost of relocation, not to exceed $1,000.00, to any tenant entitled to receive notice under section 1333 of this title who does not purchase the unit that he or she occupies or another unit in the same bui…

§ 1337. Waiver prohibited No lease or rental agreement, oral or written, shall contain any provision by which the tenant prospectively waives any of his or her rights under this subchapter. Any such waiver shall be deemed contrary to public policy and shall be unenforceable and v…

§ 1338. Circumvention of this subchapter A declarant shall not attempt to circumvent the provisions of this subchapter; nor shall any person willfully cause a tenant to vacate a dwelling unit or to be evicted from the unit without good cause in contemplation of conversion before …

§ 1339. Violations A violation of this subchapter is deemed to be a violation of 9 V.S.A. § 2453, and is subject to all rights, obligations, and penalties provided under 9 V.S.A. chapter 63. (Added 1985, No. 175 (Adj. Sess.), § 5.)

§ 1351. Definitions As used in this subchapter: (1) “Association” means all of the site owners acting as a group in accordance with the bylaws and declaration. (2) “Convert,” “conversion,” or “converted” means a change in character of a mobile home park from a rental to a common …

§ 1352. Conversion of mobile home parks permitted A mobile home park may not be converted except in accordance with this subchapter. For the purpose of this subchapter, the provisions of subdivision 1302(1) of this title shall not be construed to prevent the conversion of a mobil…

§ 1353. Notice of intent to convert a mobile home park (a) A declarant shall give notice of intent to convert a mobile home park at least six months prior to giving formal notice of conversion. (b) The declarant shall provide notice of intent to convert a mobile home park to all …

§ 1354. Election period (a) The declarant shall provide leaseholders an election period of at least six months from the date that notice of intent to convert a mobile home park is given, to allow leaseholders to consider their options to either purchase their site, or to vote aga…

§ 1355. Notice of conversion (a) A declarant shall give notice of an intended conversion by delivering the notice by certified mail to all leaseholders and the commissioner of the department of housing and community affairs, and by delivering the notice to all mobile homes locate…

§ 1356. Leaseholder conversion period (a) Each leaseholder shall have a conversion period of six months from the date of notice of conversion to elect to become either a purchasing or a nonpurchasing leaseholder. (b) During the conversion period, the declarant shall offer to conv…

§ 1357. Protection of purchasing leaseholders (a) Express warranties of quality. (1) Express warranties made by a declarant to a purchasing leaseholder of a site, if relied upon by the purchasing leaseholder, are created as follows: (A) Any affirmation of fact or promise that rel…

§ 1358. Protection of nonpurchasing leaseholders (a) A nonpurchasing leaseholder shall have the right to continue the leasehold interest in the site on which the leaseholder’s mobile home is located. (b) A declarant or site purchaser shall not accept an offer for a site without p…

§ 1359. Protection of tenants (a) Within 30 days after the notice of conversion, a leaseholder must notify any tenants in possession of the leased site of the intended conversion. The notice shall be delivered by certified mail to the tenant. The notice of conversion shall contai…

§ 1360. Stabilization of lot rent (a) As soon as a declarant gives notice of intent to convert as provided by section 1353 of this subchapter, the lot rents of all leaseholders in the park shall be reduced to the level in effect three months prior to the notice of intent to conve…

§ 1361. Enforcement (a) A rent increase greater than that provided for by section 1360 of this subchapter is unenforceable to the extent the increase exceeds that provided for in that section. (b) A declarant or site purchaser shall not commence eviction proceedings against a lea…

§ 1362. Waiver prohibited No lease or rental agreement, oral or written, shall contain any provision by which the tenant or leaseholder prospectively waives any of his or her rights under this subchapter. Any such waiver shall be deemed contrary to public policy and shall be unen…