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

§ 1-106. Local ordinances, regulations, and building codes (a) A building code may not impose any requirement upon any structure in a common interest community that it would not impose upon a physically identical development under a different form of ownership. (b) No zoning, bui…

§ 1-107. Eminent domain (a) If a unit is acquired by eminent domain or if a part of a unit is acquired by eminent domain leaving the unit owner with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the award shall include compen…

§ 1-108. General principles of law applicable The principles of law and equity, including the law of corporations, any other form of organization authorized by the law of this State, unincorporated associations, the law of real estate, the law of contracts, principal and agent, a…

§ 1-109. Construction against implicit repeal This title is a general act intended to create unified coverage of its subject matter, and no part of it shall be construed to be repealed by subsequent legislation if that construction can be reasonably avoided. (Added 1997, No. 104 …

§ 1-110. Uniformity of application and construction This title shall be applied and construed to make uniform the law with respect to the subject of this title among states that enact it. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)

§ 1-111. Severability If any provision of this title or the application of it to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this title that can be given effect without the invalid provision or applications; the…

§ 1-112. Unconscionable agreement or term of contract (a) The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unco…

§ 1-113. Good faith Every contract or duty governed by this title imposes an obligation of good faith on all parties in its performance or enforcement. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)

§ 1-114. Remedies to be liberally administered (a) The remedies provided by this title shall be liberally administered so that the aggrieved party is placed in the position the aggrieved party would have been if the other party had fully performed. However, consequential, special…

§ 1-115. Adjustment of dollar amounts (a) From time to time, the dollar amounts specified in section 1-203 of this title shall change as provided in subsections (b) and (c) of this section according to and to the extent of changes in the Consumer Price Index for Urban Wage Earner…

§ 1-116. Relation to Electronic Signatures in Global and National Commerce Act This title modifies, limits, and supercedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supercede Section 101(c…

§ 1-201. New common interest communities (a) Except as otherwise provided in subsection (b) of this section and sections 1-203 and 1-204 of this title, this title applies to all condominiums in this State after January 1, 1999 that may be used for residential purposes and to all …

§ 1-203. Exception for small projects and limited expense liability planned communities (a) If a planned community: (1) contains no more than 24 units and is not subject to any development rights; or (2) provides in its declaration that the annual average common expense liability…

§ 1-204. Preexisting common interest communities (a)(1) Unless excepted under section 1-203 of this title, the following sections and subdivisions of this title apply to a common interest community created in this State before January 1, 1999: sections 1-103, 1-105, 1-106, 1-107,…

§ 1-206. Amendments to governing instruments (a) The declaration, bylaws, or plat and plans of any common interest community created before January 1, 1999 may be amended to achieve any result permitted by this title, regardless of what applicable law provided before this title w…

§ 1-207. Applicability to nonresidential and mixed-use common interest communities (a) [Repealed.] (b) A nonresidential common interest community is not subject to this title except to the extent the declaration provides that: (1) this entire title applies to the community; (2) A…

§ 1-208. Out-of-state common interest communities This title does not apply to a common interest community located outside this State, but sections 4-102 and 4-103, and to the extent applicable, sections 4-104 through 4-106, of this title, apply to a contract for the disposition …

§ 1-209. Small condominiums; exception; access to mixed funding sources Subsection 2-101(b), subdivisions 2-109(b)(2) and (11), subsection 2-109(g), section 2-115, and Article 4 of this title shall not apply to a condominium if the declaration: (1) creates fewer than 10 units; an…

§ 1-210. Other exempt real estate arrangements (a) An arrangement between the associations for two or more common interest communities to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified …

§ 1-211. Covenants; cost-sharing agreements A covenant that requires the owners of separately owned parcels of real estate to share costs or other obligations associated with a party wall, driveway, well, or other similar use does not create a common interest community unless the…

§ 2-101. Creation of common interest communities (a) A common interest community may be created pursuant to this title only by recording a declaration executed in the same manner as a deed. The declaration shall be recorded in each town in which any portion of the common interest…

§ 2-102. Unit boundaries Except as provided by the declaration in a common interest community: (1) if walls, floors, or ceilings are designated as boundaries of a unit, all wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other mater…

§ 2-103. Construction and validity of declaration and bylaws (a) All provisions of the declaration and bylaws are severable. (b) The rule against perpetuities may not be applied to defeat any provision of the declaration, bylaws, or rules adopted pursuant to this title. (c) If a …

§ 2-104. Description of units A description of a unit that sets forth the name of the common interest community, the volume and page in which the declaration is recorded, the town in which the common interest community is located, and the identifying number of the unit is a legal…

§ 2-105. Contents of declaration for a common interest community (a) The declaration shall contain all the following: (1) The names of the common interest community and the association and a statement that the common interest community is either a condominium or planned community…

§ 2-106. Leasehold common interest communities (a) Any lease the expiration or termination of which may terminate the common interest community or reduce its size shall be recorded. Every lessor of those leases in a condominium or planned community shall sign the declaration. The…

§ 2-107. Allocation of allocated interests (a) The declaration shall allocate to each unit: (1) in a condominium, a fraction or percentage of undivided interests in the common elements and in the common expenses of the association pursuant to subsection 3-115(a) of this title and…

§ 2-108. Limited common elements (a) Except for the limited common elements described in subdivisions 2-102(2) and (4) of this title and except to the extent that a right to allocate a limited common element is reserved pursuant to subsection (c) of this section, the declaration …

§ 2-109. Plats and plans (a) Plats and plans are a part of the declaration and required for condominiums and planned communities. Separate plats and plans are not required by this title if all the information required by this section is contained in either a plat or plan. Each pl…

§ 2-110. Exercise of development rights (a) To exercise any development right reserved under subdivision 2-105(a)(8) of this title, the declarant shall prepare, execute, and record an amendment to the declaration pursuant to section 2-117 of this title and in a condominium or pla…

§ 2-111. Alterations of units Subject to the provisions of the declaration and other provisions of law, a unit owner: (1) May make any improvements or alterations to his or her unit that do not impair the structural integrity or mechanical systems or lessen the support of any por…

§ 2-112. Relocation of boundaries between adjoining units (a) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of …

§ 2-113. Subdivision of units (a) If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the declaration and law other than this title, upon application to subdivide a unit, the association shall prepare, execute, and record an amendm…

§ 2-114. Easement for encroachments To the extent that any unit or common element in a common interest community encroaches on any other unit or common element, a valid easement for the encroachment exists. The easement does not relieve a unit owner of liability for the owner’s w…

§ 2-115. Use for sales purposes A declarant may maintain sales offices, management offices, and models in units or on common elements in the common interest community only if the declaration so provides and specifies the rights of a declarant with regard to the number, size, loca…

§ 2-116. Easement rights (a) Subject to the declaration, a declarant has such easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant’s obligations or exercising special declarant rights, whether arising under this title or r…

§ 2-117. Amendment of declaration (a) Except in cases of amendments that may be executed by a declarant under subsection 2-109(f) or section 2-110 of this title, or the association under subsections 2-106(d), 2-108(c), and 2-112(a) or section 2-113 of this title, or by certain un…

§ 2-118. Termination of common interest community (a) Except in the case of a taking of all the units by eminent domain or in the circumstances described in section 2-124 of this title, a common interest community may be terminated only by agreement of unit owners of units to whi…

§ 2-119. Rights of secured lenders (a) The declaration may require that all or a specified number or percentage of the lenders who hold security interests in the units or common elements approve specified actions of the unit owners or the association as a condition to the effecti…

§ 2-120. Master associations (a) If the declaration provides that any of the powers described in section 3-102 of this title may be exercised by or may be delegated to a corporation or association on behalf of one or more common interest communities or for the benefit of the unit…

§ 2-121. Merger or consolidation of common interest communities (a) Any two or more common interest communities with the same form of ownership, by agreement of the unit owners as provided in subsection (b) of this section, may be merged or consolidated into a single common inter…

§ 2-122. Addition of unspecified real estate If the right to add unspecified real estate is reserved in the declaration of a planned community, the declarant, in addition to any other development right, may amend the declaration at any time during the time specified in the declar…

§ 2-123. Master planned communities (a) The declaration for a common interest community may state that it is a master planned community if the declarant has reserved the development right to create at least 500 units that may be used for residential purposes and at the time of th…

§ 2-124. Termination following catastrophe If substantially all the units in a common interest community have been destroyed or are uninhabitable and the available methods for giving notice under section 3-121 of this title of a meeting of unit owners to consider termination unde…

§ 3-101. Organization of unit owners’ association A unit owners’ association shall be organized no later than the date the first unit in the common interest community is conveyed. The membership of the association at all times shall consist exclusively of all unit owners or, foll…

§ 3-102. Powers of unit owners’ association (a) Except as otherwise provided in subsection (b) of this section and other provisions of this title, the association: (1) shall adopt and may amend bylaws and may adopt and amend rules; (2) shall adopt and may amend budgets for revenu…