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

§ 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 …

§ 4-101. Waiver (a) This article applies to all units subject to this title, except as provided in subsection (b) of this section or as modified or waived by agreement of purchasers of units in a common interest community in which all units are restricted to nonresidential use. (…

§ 4-102. Liability for public offering statement requirements (a) Except as otherwise provided in subsection (b) of this section, a declarant shall prepare a public offering statement conforming to the requirements of sections 4-103, 4-104, 4-105, and 4-106 of this title before o…

§ 4-103. Public offering statement; general provisions (a) Except as otherwise provided in subsection (b) of this section, a public offering statement shall contain or fully and accurately disclose all the following: (1) The name and principal address of the declarant and of the …

§ 4-104. Common interest communities subject to development rights If the declaration provides that a common interest community is subject to any development rights, the public offering statement shall disclose, in addition to the information required by section 4-103 of this tit…

§ 4-105. Time shares If the declaration provides that ownership or occupancy of any unit is or may be in time shares, the public offering statement shall disclose in addition to the information required by section 4-103 of this title: (1) the number and identity of units in which…

§ 4-106. Conversion buildings (a) The public offering statement of a common interest community containing any conversion building that may be occupied for residential use shall contain, in addition to the information required by section 4-103 of this title: (1) a statement by the…

§ 4-107. Common interest community securities If an interest in a common interest community 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 …

§ 4-109. Resales of units (a) Except in the case of a sale where delivery of a public offering statement is required or is exempt under subsection 4-101(b) of this title, a unit owner shall furnish to a purchaser before the conveyance or transfer of the right of possession of a u…

§ 4-110. Escrow of deposits (a) Except as provided in subsection (b) of this section, any deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement pursuant to subsection 4-102(c) of this title shall be pla…

§ 4-111. Release of liens (a) In the case of a sale of a unit where delivery of a public offering statement is required pursuant to subsection 4-102(c) of this title, before conveying a unit, a seller shall: (1) record or furnish to the purchaser releases of all liens, except lie…

§ 4-113. Express warranties of quality (a) Express warranties made by a declarant to a purchaser of a unit are created as follows: (1) Any affirmation of fact or promise that relates to the unit, its use or rights appurtenant to it, area improvements to the common interest commun…

§ 4-114. Implied warranties of quality (a) A declarant and any dealer warrant that a unit will be in at least as good condition at the time of the conveyance or delivery of possession, whichever is earlier, as it was at the time of contracting, reasonable wear and tear excepted. …

§ 4-115. Exclusion or modification of implied warranties of quality (a) Except as limited by subsection (b) of this section, with respect to a purchaser of a unit that may be used for residential use, implied warranties of quality: (1) may be excluded or modified by agreement of …

§ 4-116. Statute of limitations for warranties (a) Unless a period of limitation is tolled under section 3-111 of this title or affected by subsection (d) of this section, a judicial proceeding for breach of any obligation arising under section 4-113 or 4-114 of this title shall …

§ 4-117. Effect of violations on rights of action (a) A declarant, association, unit owner, or any other person subject to this title may bring an action to enforce a right granted or obligation imposed by this title, the declaration, or the bylaws. The court may award reasonable…

§ 4-118. Labeling of promotional material No promotional material may be displayed or delivered to prospective purchasers that describes an improvement that is not in existence unless the description of the improvement in the promotional material is conspicuously labeled or ident…

§ 4-119. Declarant’s obligation to complete and restore (a) Unless an improvement is labeled “need not be built,” the declarant shall complete all improvements depicted on any site plan or other graphic representation if the site plan or other graphic representation is contained …

§ 4-120. Substantial completion of units If delivery of a public offering statement is required for the sale of a unit, a contract of sale may be executed, but interest in that unit shall be conveyed only after the declaration is recorded and the unit is substantially completed, …