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Condominiums

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§33-1201 Applicability

Title 33 – Property Chapter 9 – Condominiums Article 1 – General Provisions This chapter applies to all condominiums created within this state without regard to the date the condominium was created.  

§33-1202 Definitions

Title 33 – Property Chapter 9 – Condominiums Article 1 – General Provisions In the condominium documents, unless specifically provided otherwise or the context otherwise requires, and in this chapter: 1. “Affiliate of a declarant” means any person who controls, is controlled by or is under common control with a declarant. 2. “Allocated interests” means […]

§33-1203 Variation

Title 33 – Property Chapter 9 – Condominiums Article 1 – General Provisions Except as expressly provided in this chapter, the provisions of this chapter shall not be varied by agreement and rights conferred by this chapter shall not be waived. A person shall not use any device to evade the limitations or prohibitions of […]

§33-1204 Separate titles and taxation

Title 33 – Property Chapter 9 – Condominiums Article 1 – General Provisions A. If there is a unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate. B. Except as provided in subsection C, […]

§33-1205 Applicability of local ordinances, rules and building codes

Title 33 – Property Chapter 9 – Condominiums Article 1 – General Provisions A. A zoning, subdivision or building code or other real estate use law, ordinance or rule shall not prohibit a condominium form of ownership or impose any requirement on a condominium which it would not impose on a physically identical development under […]

§33-1206 Eminent domain

Title 33 – Property Chapter 9 – Condominiums Article 1 – General Provisions A. If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, […]

§33-1207 Severability

Title 33 – Property Chapter 9 – Condominiums Article 1 – General Provisions If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to […]

§33-1211 Creation of condominium

Title 33 – Property Chapter 9 – Condominiums Article 2 – Creation, Alteration and Termination of Condominiums A condominium may only be created pursuant to this chapter by recording a declaration in the same manner as a deed in each county in which any portion of the condominium is located. The declaration shall be indexed […]

§33-1212 Unit boundaries

Title 33 – Property Chapter 9 – Condominiums Article 2 – Creation, Alteration and Termination of Condominiums Except as provided by the declaration: 1. If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part […]

§33-1213 Construction and validity of declaration and bylaws

Title 33 – Property Chapter 9 – Condominiums Article 2 – Creation, Alteration and Termination of Condominiums A. All provisions of the condominium documents are severable. B. The rule against perpetuities shall not be applied to defeat any provision of the condominium documents. C. Except to the extent inconsistent with this chapter: 1. If a […]

§33-1214 Description of units

Title 33 – Property Chapter 9 – Condominiums Article 2 – Creation, Alteration and Termination of Condominiums A description of a unit which sets forth the name of the condominium, the recording data for the declaration, the county or counties in which the condominium is located and the identifying number of the unit is a […]

§33-1215 Contents of declaration

Title 33 – Property Chapter 9 – Condominiums Article 2 – Creation, Alteration and Termination of Condominiums A. The declaration shall contain: 1. The name of the condominium, which shall include the word “condominium” or be followed by the words “a condominium”, and the name of the association. 2. The name of every county in […]

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