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Title 33 – Property Chapter 9 – Condominiums Article 3 – Management of the Condominium 33-1250. Voting; proxies; absentee ballots; applicability; definition A. If only one of the multiple owners of a unit is present at a meeting of the association, the owner is entitled to cast all the votes allocated to that unit.  If […]

Title 33 – Property Chapter 9 – Condominiums Article 3 – Management of the Condominium 33-1251. Tort and contract liability A. An action alleging a wrong done by the association shall be brought against the association and not against any unit owner. B. A statute of limitation affecting any right of action of the association […]

Title 33 – Property Chapter 9 – Condominiums Article 3 – Management of the Condominium 33-1252. Conveyance or encumbrance of common elements A. Portions of the common elements may be conveyed or subjected to a mortgage, deed of trust or security interest by the association if persons entitled to cast at least eighty per cent […]

Title 33 – Property Chapter 9 – Condominiums Article 3 – Management of the Condominium A. Real property that is held as an asset of the association and that is not held as a common element of the condominium may be conveyed by the association if persons entitled to cast at least eighty per cent […]

Title 33 – Property Chapter 9 – Condominiums Article 3 – Management of the Condominium 33-1253. Insurance A. Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available, both: 1. Property insurance on the common elements […]

Title 33 – Property Chapter 9 – Condominiums Article 3 – Management of the Condominium 33-1254. Surplus monies Unless otherwise provided in the declaration, any surplus monies of the association remaining after payment of or provision for common expenses and any prepayment of reserves shall be paid to the unit owners in proportion to their […]

Title 33 – Property Chapter 9 – Condominiums Article 3 – Management of the Condominium 33-1255. Assessments for common expenses; commercial structures; applicability; definitions 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 […]

Title 33 – Property Chapter 9 – Condominiums Article 3 – Management of the Condominium 33-1256. Common expense liens; priority; mechanics’ and materialmen’s liens; notice; applicability A. The association has a common expense lien on a unit for any assessment levied against that unit from the time the assessment becomes due. The association’s common expense […]

Title 33 – Property Chapter 9 – Condominiums Article 3 – Management of the Condominium 33-1257. Other liens affecting the condominium A. Except as provided in subsection B of this section, a legally recorded judgment for money against the association is not a lien on the common elements but is a lien in favor of […]

Title 33 – Property Chapter 9 – Condominiums Article 3 – Management of the Condominium 33-1258. Association financial and other records; applicability A. Except as provided in subsection B of this section, all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by […]

Title 33 – Property Chapter 9 – Condominiums Article 3 – Management of the Condominium 33-1259. Association as trustee With respect to a third person dealing with the association in the association’s capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third […]

Title 33 – Property Chapter 9 – Condominiums Article 3 – Management of the Condominium 33-1260. Resale of units; information required; fees; civil penalty; applicability; definition A. For condominiums with fewer than fifty units, a unit owner shall mail or deliver to a purchaser or a purchaser’s authorized agent within ten days after receipt of […]