27A V.S.A. § 207 — VT Code / Title 27A / Chapter 1 / Section 207
§ 1-207. Applicability to nonresidential and mixed-use common interest communities
Status: repealed

(a) [Repealed.]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) Articles 1 and 2 of this title apply to the community; or

(3) in the case of a planned community, only sections 1-105, 1-106, and 1-107 of this title apply to the community.

(c) [Repealed.]

(d) If this entire title applies to a nonresidential common interest community, the declaration may also require, subject to section 1-112 of this title, that:

(1) notwithstanding section 3-105 of this title, any management contract, employment contract, lease of recreational or parking areas or facilities, and any other contract or lease between the association and a declarant or an affiliate of a declarant continues in force after the declarant turns over control of the association; and

(2) notwithstanding section 1-104 of this title, purchasers of units must execute proxies, powers of attorney, or similar devices in favor of the declarant regarding particular matters enumerated in those instruments.

(e) A common interest community that contains units restricted exclusively to nonresidential purposes and other units that may be used for residential purposes is not subject to this title unless the units that may be used for residential purposes would comprise a common interest community that would be subject to this title in the absence of the nonresidential units or the declaration provides that this title applies as provided in subsection (b) or (d) of this section.
27 V.S.A. § 741 — VT Code / Title 27 / Chapter 7 / Section 741
§ 741. Insurance required
Status: in_force

When funds of a charitable or eleemosynary institution are invested in a mortgage on real estate, the buildings included shall be insured by the mortgagor in such company duly authorized to transact business in this state as the trustees, directors, or board of investment of such institution may designate; and the policies of insurance shall be duly assigned, or the loss made payable to such institutions. The trustees, directors, or board of investment may procure or renew such policy of insurance in such company authorized to do business in this state, as they may elect, from year to year, or for a longer or shorter period, if the mortgagor neglects so to do, and, when necessary, the treasurer of such institution may sign premium notes, and may charge the amount paid for such insurance to the mortgagor.
27 V.S.A. § 408 — VT Code / Title 27 / Chapter 5 / Section 408
§ 408. Recording subordination of liens
Status: in_force

An agreement for the subordination of a prior lien or other encumbrance on real property shall be recorded in the land records of the town in which the property is situated, and a reference to the record of the subordination agreement shall be noted on the margin of the record of the instrument affected by the agreement. If not so recorded, the agreement shall bind only the parties to the agreement.
27A V.S.A. § 113 — VT Code / Title 27A / Chapter 1 / Section 113
§ 1-113. Good faith
Status: in_force

Every contract or duty governed by this title imposes an obligation of good faith on all parties in its performance or enforcement.
27 V.S.A. § 1518 — VT Code / Title 27 / Chapter 18 / Section 1518
§ 1518. Administrator's options as to custody
Status: in_force

(a) The Administrator may decline to take custody of property reported under section 1491 of this title if the Administrator determines that:

(1) the property has a value less than the estimated expenses of notice and sale of the property; or

(2) taking custody of the property would be unlawful.

(b) A holder may pay or deliver property to the Administrator before the property is presumed abandoned under this chapter if the holder:

(1) sends the apparent owner of the property notice required by section 1501 of this title and provides the Administrator evidence that the holder sent such notice;

(2) includes with the payment or delivery a report regarding the property conforming to section 1492 of this title; and

(3) first obtains the Administrator's consent in a record to accept payment or delivery.

(c) A holder's request for the Administrator's consent under subdivision (b)(3) of this section must be in a record. If the Administrator fails to respond to the request not later than 30 days after receipt of the request, the Administrator is deemed to consent to the payment or delivery of the property and the payment or delivery is considered to have been made in good faith.

(d) On payment or delivery of property under subsection (b), the property is presumed abandoned.
27 V.S.A. § 1323 — VT Code / Title 27 / Chapter 15 / Section 1323
§ 1323. Priority of lien
Status: in_force

(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 site in favor of any assessing unit and special district, (ii) all sums unpaid on a first mortgage of record, and (iii) mechanic's liens. The lien may be foreclosed by suit by the manager or board of directors, acting on behalf of the apartment or site owners, in like manner as a mortgage on real property. In any foreclosure the apartment or site owner shall be required to pay a reasonable rental for the apartment or site, if so provided in the bylaws, and the plaintiff shall be entitled to the appointment of a receiver to collect it. The manager or board of directors, acting on behalf of the apartment or site owners, may, unless prohibited by the declaration, bid on the apartment or site at foreclosure sale, and acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the lien securing the same.

(b) Where the mortgagee of a first mortgage of record or other purchaser of an apartment or site obtains title to the apartment or site as a result of foreclosure of the first mortgage, the acquirer of title, his or her successors and assigns, shall not be liable for the share of the common expenses or assessments by the association of owners chargeable to the mortgagor which became due before the acquisition of title to the apartment or site by the acquirer. The unpaid share of common expenses or assessments shall be considered common expenses collectible from all of the apartment or site owners including the acquirer, his or her successors and assigns.
27 V.S.A. § 1105 — VT Code / Title 27 / Chapter 11 / Section 1105
§ 1105. Sale of property; disposition of proceeds
Status: in_force

If the owner of the property does not appear and prove his title within 90 days from the time of posting the first notice, the person finding the property may sell it at public auction. The avails of the sale, after paying the expenses of keeping the property, and of the proceedings relating to the same, shall be paid to the town treasurer, at the time of paying the avails of the sale.
27 V.S.A. § 782 — VT Code / Title 27 / Chapter 7 / Section 782
§ 782. When property vests; how held
Status: in_force

A Baptist church of this State, affiliated with the Vermont Baptist State Convention aforesaid, which has ceased or failed to maintain religious worship or services, or to use the property for religious worship or services, for two consecutive years immediately prior thereto, or whose membership has so diminished in numbers or in financial strength as to render it impossible or impracticable for the church to maintain religious worship or services, or to protect its property from exposure to waste and dilapidation, or to fulfill the purpose for which it was incorporated, may be declared extinct or dissolved, by an order of the Superior Court. The property of the church, or property which may be held in trust for the church, may be transferred to and the title and possession vested in the Vermont Baptist State Convention. The avails of the property so transferred shall be held in trust and added to the permanent fund of the convention and the income employed for its usual work until a local Baptist church is again organized in the same neighborhood, when the income shall be used to aid the local church as needed.
27 V.S.A. § 350 — VT Code / Title 27 / Chapter 5 / Section 350
§ 350. Change in name or status of owner of real estate
Status: in_force

Any person or corporation owning real estate or having an interest in real estate whose name has been changed, and any corporation that has been merged into or consolidated with another, may file with the town clerk of the town in which the real estate is located a certificate giving the names before and after the change, merger, or consolidation, and the town clerk shall record and index the certificate in the land records.
27 V.S.A. § 1616 — VT Code / Title 27 / Chapter 18 / Section 1616
§ 1616. Security of information
Status: in_force

(a) If a holder is required to include confidential information in a report to the Administrator, the information must be provided by a secure means.

(b) If confidential information in a record is provided to and maintained by the Administrator or Administrator's agent as required by this chapter, the Administrator or agent shall:

(1) implement administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of the information required by 9 V.S.A. chapter 62 and federal privacy and data security law whether or not the Administrator or the Administrator's agent is subject to the law;

(2) protect against reasonably anticipated threats or hazards to the security, confidentiality, or integrity of the information; and

(3) protect against unauthorized access to or use of the information that could result in substantial harm or inconvenience to a holder or the holder's customers, including insureds, annuitants, and policy or contract owners and their beneficiaries.

(c) The Administrator:

(1) after notice and comment, shall adopt and implement a security plan that identifies and assesses reasonably foreseeable internal and external risks to confidential information in the Administrator's possession and seeks to mitigate the risks; and

(2) shall ensure that the Administrator's agent adopts and implements a similar plan with respect to confidential information in the agent's possession.

(d) The Administrator and the Administrator's agent shall educate and train their employees regarding the plan adopted under subsection (c) of this section.

(e) The Administrator and the Administrator's agent shall in a secure manner return or destroy all confidential information no longer reasonably needed under this chapter.
27 V.S.A. § 1542 — VT Code / Title 27 / Chapter 18 / Section 1542
§ 1542. Administrator to retain records of property
Status: in_force

The Administrator shall:

(1) record and retain the name and last-known address of each person shown on a report filed under section 1491 of this title to be the apparent owner of property delivered to the Administrator;

(2) record and retain the name and last-known address of each insured or annuitant and beneficiary shown on the report;

(3) for each policy of insurance or annuity contract listed in the report of an insurance company, record and retain the policy or account number, the name of the company, and the amount due or paid; and

(4) for each apparent owner listed in the report, record and retain the name of the holder that filed the report and the amount due or paid.
27 V.S.A. § 378 — VT Code / Title 27 / Chapter 5 / Section 378
§ 378. Effect of recording unacknowledged deed
Status: in_force

A person interested in a deed or lease not acknowledged may cause the deed or lease to be recorded without acknowledgment before or during the application to the court or the proceedings before any of the authorities named in sections 371–375 of this title; and, when so recorded in the proper office, it shall be as effectual as though the same had been duly acknowledged and recorded for 60 days thereafter. If such proceedings for proving the execution of the deed are pending at the expiration of such 60 days, the effect of such record shall continue until the expiration of six business days after the termination of the proceedings.
27 V.S.A. § 1595 — VT Code / Title 27 / Chapter 18 / Section 1595
§ 1595. Other civil penalties
Status: in_force

(a) If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this chapter or otherwise willfully fails to perform a duty imposed on the holder under this chapter, the Administrator may require the holder to pay the Administrator, in addition to interest as provided in subsection 1594(a) of this title, a civil penalty of $1,000.00 for each day the obligation is evaded or the duty is not performed, up to a cumulative maximum amount of $25,000.00, plus 25 percent of the amount or value of property that should have been but was not reported, paid, or delivered as a result of the evasion or failure to perform.

(b) If a holder makes a fraudulent report under this chapter, the Administrator may require the holder to pay to the Administrator, in addition to interest under subsection 1594(a) of this title, a civil penalty of $1,000.00 for each day from the date the report was made until corrected, up to a cumulative maximum of $25,000.00, plus 25 percent of the amount or value of any property that should have been reported but was not included in the report or was underreported.
27A V.S.A. § 104 — VT Code / Title 27A / Chapter 2 / Section 104
§ 2-104. Description of units
Status: in_force

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 legally sufficient description of that unit and all rights, obligations, and interests appurtenant to that unit that were created by the declaration or bylaws.
27A V.S.A. § 211 — VT Code / Title 27A / Chapter 1 / Section 211
§ 1-211. Covenants; cost-sharing agreements
Status: in_force

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 owners otherwise agree.
27 V.S.A. § 1469 — VT Code / Title 27 / Chapter 18 / Section 1469
§ 1469. Indication of apparent owner interest in property
Status: in_force

(a) The period after which property is presumed abandoned is measured from the later of:

(1) the date the property is presumed abandoned under this subchapter; or

(2) the latest indication of interest by the apparent owner in the property.

(b) Under this chapter, an indication of an apparent owner's interest in property includes:

(1) a record communicated by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held;

(2) an oral communication by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held, if the holder or its agent contemporaneously makes and preserves a record of the fact of the apparent owner's communication;

(3) presentment of a check or other instrument of payment of a dividend, interest payment, or other distribution, or evidence of receipt of a distribution made by electronic or similar means, with respect to an account, underlying security, or interest in a business association;

(4) activity directed by an apparent owner in the account in which the property is held or in another account of the owner's held by the same business association or financial organization, including accessing the account or information concerning the account, or a direction by the apparent owner to increase, decrease, or otherwise change the amount or type of property held in the account;

(5) a deposit into or withdrawal from an account at a financial organization, including an automatic deposit or withdrawal previously authorized by the apparent owner other than an automatic reinvestment of dividends or interest;

(6) subject to subsection (e) of this section, payment of a premium on an insurance policy;

(7) in the case of any demand, savings, or matured time deposits with a banking or financial organization, including deposits that are automatically renewable, the holder has sent the owner by first-class U.S. mail a statement of account or other associated mailing from the bank or financial institution, which has not been returned by the U.S. Postal Service as undeliverable. In the event the mailing was returned as undeliverable, the property shall be considered abandoned three years after the return, unless the owner during that three years takes any action described in subsection (b) of this section; and

(8) any other action by the apparent owner that reasonably demonstrates to the holder that the apparent owner knows that the property exists.

(c) An action by an agent or other representative of an apparent owner, other than the holder acting as the apparent owner's agent, is presumed to be an action on behalf of the apparent owner.

(d) A communication with an apparent owner by a person other than the holder or the holder's representative is not an indication of interest in the property by the apparent owner unless a record of the communication evidences the apparent owner's knowledge of a right to the property.

(e) If the insured dies or the insured or beneficiary of an insurance policy otherwise becomes entitled to the proceeds before depletion of the cash surrender value of the policy by operation of an automatic-premium-loan provision or other nonforfeiture provision contained in the policy, the operation does not prevent the policy from maturing or terminating.
27 V.S.A. § 1571 — VT Code / Title 27 / Chapter 18 / Section 1571
§ 1571. Report by Administrator to General Assembly
Status: in_force

Not later than January 15 of each year, the Administrator shall compile and submit a report to the General Assembly. The report must contain the following information about property presumed abandoned for the preceding fiscal year for the State:

(1) the total amount and value of all property paid or delivered under this chapter to the Administrator, separated into:

(A) the part voluntarily paid or delivered; and

(B) the part paid or delivered as a result of an examination under section 1002 of this title, separated into the part recovered as a result of an examination conducted by:

(i) a State employee; and

(ii) a contractor under section 1569 of this title;

(2) the name of and amount paid to each contractor under section 1569 of this title and the percentage the total compensation paid to all contractors under section 1569 of this title bears to the total amount paid or delivered to the Administrator as a result of all examinations performed under section 1569 of this title;

(3) the total amount and value of all property paid or delivered by the Administrator to persons that made claims for property held by the Administrator under this chapter and the percentage the total payments made and value of property delivered to claimants bears to the total amounts paid and value delivered to the Administrator; and

(4) the total amount of claims made by persons claiming to be owners that:

(A) were denied;

(B) were allowed; and

(C) are pending.
27 V.S.A. § 1303 — VT Code / Title 27 / Chapter 15 / Section 1303
§ 1303. Application of chapter
Status: in_force

This chapter shall apply only to property, the sole owner or all of the owners of which make the property subject to this chapter by duly executing and recording a declaration as provided in this chapter.
27 V.S.A. § 184 — VT Code / Title 27 / Chapter 3 / Section 184
§ 184. Beneficial sale without severance
Status: in_force

When it appears to the Probate Division of the Superior Court that it would be beneficial to the widow or surviving husband of a deceased person, interested in the homestead, or when it appears that the severance of such homestead would greatly depreciate the value of the residue of the premises or would be of great inconvenience to the parties interested in such residue or in such homestead, on application of such widow or surviving husband or parties interested, the court may order the same to be sold as in case of the sale of real estate for the payment of debts.
27 V.S.A. § 105 — VT Code / Title 27 / Chapter 3 / Section 105
§ 105. Surviving spouse's interest in homestead
Status: in_force

If a person dies leaving a surviving spouse, the person's homestead to the value provided in this chapter shall pass to and vest in the surviving spouse without being subject to the payment of debts of the deceased, unless legally charged on the homestead in the person's lifetime, and the surviving spouse shall take the same estate in the homestead of which the surviving spouse's husband or wife dies seised. The Probate Division of the Superior Court in which the decedent's estate is pending shall set out the homestead to the surviving spouse.
27 V.S.A. § 1301 — VT Code / Title 27 / Chapter 15 / Section 1301
§ 1301. Short title
Status: in_force

This chapter shall be known as the “Condominium Ownership Act.”
27 V.S.A. § 1359 — VT Code / Title 27 / Chapter 15 / Section 1359
§ 1359. Protection of tenants
Status: in_force

(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 contain at least a notice of the intended conversion, the nature of the leaseholder's possessory interest in the site, and a description of the tenant's rights under subchapter 2 of this chapter.

(b) A tenant shall have the same rights against the leaseholder as are provided to tenants of buildings against declarants under subchapter 2 of this chapter.
27 V.S.A. § 605 — VT Code / Title 27 / Chapter 5 / Section 605
§ 605. Contents of notice of claim; recording
Status: in_force

(a) To be effective, the notice referred to in section 603 of this title shall contain a full and accurate description of the land affected by the notice, set forth in particular terms, shall be recorded at length in the land records in the office where a deed of the land is required to be recorded, and shall be indexed in the general index for deeds under the claimant's name as grantee and under the name of the current record owner of the land as grantor.

(b) The notice provided for in this section and section 603 of this title may be filed by a claimant or any person acting on behalf of a claimant if such claimant is:

(1) under a disability;

(2) unable to assert a claim on his or her own behalf; or

(3) one of a class whose identity is uncertain.

(c) When a notice is filed for record under this section, it shall remain effective for a period of 40 years from the date of filing.
27 V.S.A. § 144 — VT Code / Title 27 / Chapter 3 / Section 144
§ 144. Effect when spouse joins in conveyance
Status: in_force

The joining by a wife or husband in such conveyance shall have no effect upon her or his right to a third in value of the real estate of which the husband or wife died seised.
27 V.S.A. § 1316 — VT Code / Title 27 / Chapter 15 / Section 1316
§ 1316. Termination, dissolution
Status: in_force

(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 by instruments duly recorded, that their liens be transferred to the percentage of the undivided interest of the apartment or site owner in the property as provided in this section.

(b) Upon removal of the property from the provisions of this chapter, the property shall be considered to be owned in common by the apartment or site owners. The undivided interest in the property owned in common which shall appertain to each apartment or site owner shall be the percentage of undivided interest previously owned by the owner in the common areas and facilities.
27 V.S.A. § 1491 — VT Code / Title 27 / Chapter 18 / Section 1491
§ 1491. Report required by holder
Status: in_force

(a) A holder of property presumed abandoned and subject to the custody of the Administrator shall report in a record to the Administrator concerning the property. The Administrator may not require a holder to file a paper report.

(b) A holder may contract with a third party to make the report required under subsection (a) of this section.

(c) Whether or not a holder contracts with a third party under subsection (b) of this section, the holder is responsible:

(1) to the Administrator for the complete, accurate, and timely reporting of property presumed abandoned; and

(2) for paying or delivering to the Administrator property described in the report.
27A V.S.A. § 107 — VT Code / Title 27A / Chapter 3 / Section 107
§ 3-107. Upkeep of common interest community
Status: in_force

(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 responsible for the maintenance, repair and replacement of his or her unit. Each unit owner shall provide to the association and the other unit owners, their agents or employees, access through his or her unit reasonably necessary for those purposes. A unit owner or association is liable for the prompt repair of any damages caused to the common elements or to any unit through which access was taken.

(b) In addition to the liability that a declarant as a unit owner has under this title, the declarant alone is liable for all expenses in connection with real estate subject to development rights. No other unit owner and no other portion of the common interest community is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant.

(c) In a planned community, if all development rights have expired with respect to any real estate, the declarant remains liable for all expenses of that real estate unless, upon expiration, the declaration provides that the real estate becomes common elements or units.
27 V.S.A. § 1332 — VT Code / Title 27 / Chapter 15 / Section 1332
§ 1332. Applicability
Status: in_force

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 park shall be subject to subchapter 3 of this chapter.
27 V.S.A. § 1362 — VT Code / Title 27 / Chapter 15 / Section 1362
§ 1362. Waiver prohibited
Status: in_force

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 unenforceable and void.
27 V.S.A. § 1335 — VT Code / Title 27 / Chapter 15 / Section 1335
§ 1335. Comparable housing
Status: in_force

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.
27A V.S.A. § 120 — VT Code / Title 27A / Chapter 3 / Section 120
§ 3-120. Rules
Status: in_force

(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 will act on the proposed rule or amendment after considering comments from unit owners.

(b) Following adoption, amendment, or repeal of a rule, the association shall notify the unit owners of its action and provide a copy of any new or revised rule.

(c) An association may adopt rules to establish and enforce construction and design criteria and aesthetic standards if the declaration so provides. If the declaration so provides, the association shall adopt procedures for enforcement of those standards and for approval of construction applications, including a reasonable time within which the association must act after an application is submitted and the consequences of its failure to act.

(d) A rule regulating display of the flag of the United States must be consistent with federal law. In addition, the association may not prohibit display on a unit or on a limited common element adjoining a unit of the flag of this State, or signs regarding candidates for public or association office or ballot questions, but the association may adopt rules governing the time, place, size, number, and manner of those displays.

(e) Unit owners may peacefully assemble on the common elements to consider matters related to the common interest community, but the association may adopt rules governing the time, place, and manner of those assemblies.

(f) An association may adopt rules that affect the use of or behavior in units that may be used for residential purposes, only to:

(1) implement a provision of the declaration;

(2) regulate any behavior in or occupancy of a unit that violates the declaration or adversely affects the use and enjoyment of other units or the common elements by other unit owners; or

(3) restrict the leasing of residential units to the extent those rules are reasonably designed to meet underwriting requirements of institutional lenders that regularly make loans secured by first mortgages on units in common interest communities or regularly purchase those mortgages.

(g) An association's internal business operating procedures need not be adopted as rules.

(h) Every rule must be reasonable.
27 V.S.A. § 1333 — VT Code / Title 27 / Chapter 15 / Section 1333
§ 1333. Conversion building; notice to tenants
Status: in_force

(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 areas, the landlord shall give to each tenant the following minimum written notice to vacate or purchase the unit: two years to tenants who are elders or have a disability; one year to low-income tenant households; six months to all other tenants.

(b) If the building to be converted consists of five or fewer dwelling units, the landlord shall give to each tenant the following minimum written notice to vacate or purchase the unit: one year to tenants who are elders or have a disability; six months to low-income tenant households; three months to all other tenants. A landlord may not circumvent the longer notice requirements by converting a building consisting of five or fewer dwelling units if the conversion is part of a plan to convert more than five dwelling units.

(c) The notice shall state that the building is to be converted to a common interest community. It shall set forth generally the rights of tenants under this subchapter, and shall be given by certified mail, return receipt requested, at the address of the unit or any other mailing address provided by the tenant. Failure to give notice as required by this section is a defense to an action for possession.

(d) During the notice period, a tenant may not be required to vacate except for a reason specified in 9 V.S.A. § 4467(a) or (b).

(e) During the notice period, rent increases shall be limited to an amount which reflects reasonable profits, actual increased costs of maintenance and operation of the dwelling unit subject to conversion. Costs associated with the proposed conversion are not a permissible basis for a rent increase.

(f) After receipt of the notice prescribed in subsection (a) of this section, a tenant may terminate the rental agreement upon 30 days' written notice to the landlord.

(g) Nothing in this section permits termination of a written lease by a landlord in violation of its terms.

(h) The notice requirements imposed by this section shall not affect the right of a declarant to transfer ownership interests in dwelling units that are not subject to those requirements or as to which the notice period has expired.
27 V.S.A. § 1551 — VT Code / Title 27 / Chapter 18 / Section 1551
§ 1551. Claim of another state to recover property
Status: in_force

(a) If the Administrator knows that property held by the Administrator under this chapter is subject to a superior claim of another state, the Administrator shall:

(1) report and pay or deliver the property to the other state; or

(2) return the property to the holder so that the holder may pay or deliver the property to the other state.

(b) The Administrator is not required to enter into an agreement to transfer property to the other state under subsection (a) of this section.
27 V.S.A. § 1326 — VT Code / Title 27 / Chapter 15 / Section 1326
§ 1326. Disposition of property; destruction or damage
Status: in_force

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 shall be considered to be owned in common by the apartment or site owners;

(2) the undivided interest in the property owned in common which shall appertain to each apartment or site owner shall be the percentage of undivided interest previously owned by the owner in the common areas and facilities;

(3) any liens affecting any of the apartments or sites shall be considered to be transferred in accordance with the existing priorities to the percentage of the undivided interest of the apartment or site owner in the property as provided in this section; and

(4) the property shall be subject to an action for partition at the suit of any apartment or site owner, in which event the net proceeds of a sale, together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the apartment or site owners in a percentage equal to the percentage of undivided interest owned by each owner in the property, after first paying out of the respective shares of the apartment or site owners, to the extent sufficient for the purpose, all liens on the undivided interest in the property owned by each apartment or site owner.
27 V.S.A. § 1534 — VT Code / Title 27 / Chapter 18 / Section 1534
§ 1534. Purchaser owns property after sale
Status: in_force

A purchaser of property at a sale conducted by the Administrator under this chapter takes the property free of all claims of the owner, a previous holder, or a person claiming through the owner or holder. The Administrator shall execute documents necessary to complete the transfer of ownership to the purchaser.
27 V.S.A. § 1566 — VT Code / Title 27 / Chapter 18 / Section 1566
§ 1566. Failure of person examined to retain records
Status: in_force

If a person subject to examination under section 1562 of this title does not retain the records required by section 1494 of this title, the Administrator may determine the value of property due using a reasonable method of estimation based on all information available to the Administrator, including extrapolation and use of statistical sampling when appropriate and necessary, consistent with examination procedures and standards adopted under subsection 1563(a) of this title and in accord with subsection 1563(b) of this title.
27A V.S.A. § 113 — VT Code / Title 27A / Chapter 2 / Section 113
§ 2-113. Subdivision of units
Status: in_force

(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 amendment to the declaration, including the plats and plans, subdividing that unit.

(b) The amendment to the declaration shall be executed by the owner of the unit to be subdivided, shall assign an identifying number to each unit created, and shall reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit or on any other basis the declaration requires.
27 V.S.A. § 1494 — VT Code / Title 27 / Chapter 18 / Section 1494
§ 1494. Retention of records by holder
Status: in_force

A holder required to file a report under section 1491 of this title shall retain records for 10 years after the later of the date the report was filed or the last date a timely report was due to be filed, unless a shorter period is provided by rule of the Administrator. The holder may satisfy the requirement to retain records under this section through an agent. The records must contain:

(1) the information required to be included in the report;

(2) the date, place, and nature of the circumstances that gave rise to the property right;

(3) the amount or value of the property;

(4) the last address of the apparent owner, if known to the holder; and

(5) if the holder sells, issues, or provides to others for sale or issue in this State traveler's checks, money orders, or similar instruments, other than third-party bank checks, on which the holder is directly liable, a record of the instruments while they remain outstanding indicating the state and date of issue.
27 V.S.A. § 905 — VT Code / Title 27 / Chapter 7 / Section 905
§ 905. Procedure for transferring property
Status: in_force

Upon presentation to the Superior Court of the county in which said property is situated of a complaint signed by the Bishop of the Protestant Episcopal Diocese of Vermont requesting an order transferring the title to property of any kind belonging to a parish or mission to the Trustees of the Diocese of Vermont on the ground that such parish or mission has ceased to exist as a parish or mission under the canons and usages of the Protestant Episcopal Diocese of Vermont, such court may proceed in a summary manner, after such notice as the court may prescribe, to inquire into the merits of such complaint. If, upon examination by the court, it shall appear that the making of the order and disposition of the property applied for is necessary or proper for the cause mentioned in section 904 of this title, such court shall make a final order transferring the title to the property of such parish or mission to the trustees of the Diocese of Vermont for the purposes and uses set forth in section 904 of this title.
27 V.S.A. § 742 — VT Code / Title 27 / Chapter 7 / Section 742
§ 742. Payment of insurance expenses
Status: in_force

The necessary expenses of such procurement or renewal shall be paid by the mortgagor to such charitable or eleemosynary institution, and shall be a lien upon the property so mortgaged, recoverable with interest annually at the same rate as the debt secured by the mortgage from the time of payment, as part of the moneys secured by such mortgage.
27 V.S.A. § 1484 — VT Code / Title 27 / Chapter 18 / Section 1484
§ 1484. Holder domiciled in this State
Status: in_force

(a) Except as in subsection (b) of this section or section 1482 or 1483 of this title, the Administrator may take custody of property presumed abandoned, whether located in this State, another state, or a foreign country, if the holder is domiciled in this State or is this State or a governmental subdivision, agency, or instrumentality of this State, and

(1) another state or foreign country is not entitled to the property because there is no last-known address of the apparent owner or other person entitled to the property in the records of the holder; or

(2) the state or foreign country of the last-known address of the apparent owner or other person entitled to the property does not provide for custodial taking of the property.

(b) Property is not subject to custody of the Administrator under subsection (a) of this section if the property is specifically exempt from custodial taking under the law of this State or the state or foreign country of the last-known address of the apparent owner.

(c) If a holder's state of domicile has changed since the time property was presumed abandoned, the holder's state of domicile in this section is deemed to be the state where the holder was domiciled at the time the property was presumed abandoned.
27 V.S.A. § 1570 — VT Code / Title 27 / Chapter 18 / Section 1570
§ 1570. Limit on future employment
Status: in_force

The Administrator or an individual employed by the Administrator who participates in, recommends, or approves the award of a contract under subsection 1569(b) of this title on or after January 1, 2021, may not be employed by, contracted with, or compensated in any capacity by the contractor or an affiliate of the contractor for one year after the latest of participation in, recommendation of, or approval of the award or conclusion of the contract.
27 V.S.A. § 463 — VT Code / Title 27 / Chapter 5 / Section 463
§ 463. By separate instrument
Status: in_force

(a) Mortgages may be discharged by an acknowledgment of satisfaction, executed by the mortgagee or his or her attorney, executor, administrator, or assigns, which shall be substantially in the following form:

I hereby certify that the following described mortgage is paid in full and satisfied, viz: ________ mortgagor to ________ mortgagee, dated ________ 20__ , and recorded in book ___ , page ___ , of the land records of the town of ____________________ .

(b) When such satisfaction is acknowledged before a notary public and recorded, it shall discharge such mortgage and bar actions brought thereon.
27 V.S.A. § 1360 — VT Code / Title 27 / Chapter 15 / Section 1360
§ 1360. Stabilization of lot rent
Status: in_force

(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 convert.

(b) The lot rent charged for sites occupied by leaseholders shall not be increased during the period beginning with the notice of intent to convert as provided by section 1353 of this subchapter and ending either when the condominium association takes control of the common areas of the park, or at the expiration of the conversion period as provided by section 1356 of this subchapter, whichever is later.

(c) Following the period designated in subsection (b) of this section, the annual lot rent charged for sites occupied by nonpurchasing leaseholders may be increased by no more than an amount that is equal to the amount of any annual increase in the fees charged by the condominium association to its members. In no event may the lot rent charged to nonpurchasing leaseholders be increased more frequently than as provided for in 10 V.S.A. § 6236.
27 V.S.A. § 1492 — VT Code / Title 27 / Chapter 18 / Section 1492
§ 1492. Content of report
Status: in_force

(a) The report required under section 1491 of this title must:

(1) be signed by or on behalf of the holder and verified as to its completeness and accuracy;

(2) if filed electronically, be in a secure format approved by the Administrator that protects confidential information of the apparent owner in the same manner as required of the Administrator and the Administrator's agent under subchapter 14 of this chapter;

(3) describe the property;

(4) except for a traveler's check, money order, or similar instrument, contain the name, if known; last-known address, if known; and Social Security number or taxpayer identification number, if known or readily ascertainable, of the apparent owner of property with a value of $50.00 or more;

(5) for an amount held or owing under a life or endowment insurance policy or annuity contract, contain the name and last-known address of the insured, annuitant, or other apparent owner of the policy or contract and of the beneficiary;

(6) for property held in or removed from a safe-deposit box, indicate the location of the property, where it may be inspected by the Administrator, and any amounts owed to the holder under section 1516 of this title;

(7) contain the commencement date for determining abandonment under subchapter 2 of this chapter;

(8) state that the holder has complied with the notice requirements of section 1501 of this title;

(9) identify property that is a non-freely transferable security and explain why it is a non-freely transferable security; and

(10) contain other information the Administrator prescribes by rules.

(b) A report under section 1491 of this title may include in the aggregate items valued under $25.00 each. If the report includes items in the aggregate valued under $25.00 each, the Administrator may not require the holder to provide the name and address of an apparent owner of an item unless the information is necessary to verify or process a claim in progress by the apparent owner.

(c) A report under section 1491 of this title may include personal information as defined in section 1611 of this title about the apparent owner or the apparent owner's property to the extent not otherwise prohibited by federal law.

(d) If a holder has changed its name while holding property presumed abandoned or is a successor to another person that previously held the property for the apparent owner, the holder must include in the report under section 1491 of this title its former name or the name of the previous holder, if any, and the known name and address of each previous holder of the property.
27 V.S.A. § 183 — VT Code / Title 27 / Chapter 3 / Section 183
§ 183. Transfer or sale in lieu of severance
Status: in_force

When it appears upon hearing that the homestead cannot be occupied in severalty without great inconvenience to the parties interested therein or in the residue, the court may order the homestead to be transferred to such other parties and the payment of $125,000.00 to the owner thereof, or, at the option of the owner, the court may order the parties to transfer the residue to the owner and order the owner to pay such other parties the value of the homestead to be fixed by the court. If the case requires, the court may order a sale of the whole premises and apportion the proceeds between the parties, and the court may make such orders in the premises as are equitable. If the homestead is sold, the court may control the investment of the proceeds of the sale in a new homestead or make such disposition of the proceeds as equity requires.
27A V.S.A. § 115 — VT Code / Title 27A / Chapter 4 / Section 115
§ 4-115. Exclusion or modification of implied warranties of quality
Status: in_force

(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 the parties; and

(2) are excluded by express disclaimer, such as “as is,” “with all faults,” or other language that implies the exclusion of warranties.

(b) With respect to a purchaser of a unit that may be occupied for residential use, no general disclaimer of implied warranties of quality is effective, but a declarant and any dealer may disclaim liability in an instrument signed by the purchaser for a specified defect or specified failure to comply with applicable law if the defect or failure was a part of the basis of the bargain.
27 V.S.A. § 1512 — VT Code / Title 27 / Chapter 18 / Section 1512
§ 1512. Dormancy charge
Status: in_force

(a) A holder may deduct a dormancy charge from property required to be paid or delivered to the Administrator if:

(1) a valid contract between the holder and the apparent owner authorizes imposition of the charge for the apparent owner's failure to claim the property within a specified time; and

(2) the holder regularly imposes the charge and regularly does not reverse or otherwise cancel the charge.

(b) The amount of the deduction under subsection (a) is limited to an amount that is not unconscionable considering all relevant factors, including the marginal transactional costs incurred by the holder in maintaining the apparent owner's property and any services received by the apparent owner.
27A V.S.A. § 101 — VT Code / Title 27A / Chapter 4 / Section 101
§ 4-101. Waiver
Status: in_force

(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.

(b) Neither a public offering statement nor a resale certificate need be prepared or delivered in the case of:

(1) a gratuitous disposition of a unit;

(2) a disposition pursuant to court order;

(3) a disposition by a government or governmental agency;

(4) a disposition by foreclosure or deed in lieu of foreclosure;

(5) a disposition to a dealer;

(6) a disposition that may be canceled at any time and for any reason by the purchaser without penalty;

(7) a disposition of a unit restricted to nonresidential purposes.
27 V.S.A. § 861 — VT Code / Title 27 / Chapter 7 / Section 861
§ 861. Powers of trustees to hold realty
Status: in_force

The trustees of the several circuits and stations of the United Methodist Church and their successors in office shall have corporate powers, with perpetuity, for the purpose of taking and holding real or personal estate to support religious worship or for church sites, buildings, or parsonages and to maintain and support deaconesses' homes and other religious work.
27 V.S.A. § 943 — VT Code / Title 27 / Chapter 7 / Section 943
§ 943. Manner of effecting transfer
Status: in_force

Any application for such an order and disposition of property may be made by any member of the Vermont and Quebec Universalist Unitarian Convention when duly authorized by the board of trustees or the executive committee of the board of trustees of the Vermont and Quebec Universalist Unitarian Convention, or by any member of the church upon a verified complaint setting forth the facts authorizing the order and disposition of property. Upon the presentation of the complaint to the Superior Court, the court may proceed in a summary manner, after such notice as the court may prescribe, to inquire into the merits of such application. If upon examination by the court it shall appear that the making of the order and disposition of the property applied for is necessary or proper for any of the causes mentioned in section 942 of this title, the court shall make a final order declaring the church extinct or dissolving the same, and transferring any property, and the title and possession, which may belong to the church, or held in trust for the church, and vest the same in the Vermont and Quebec Universalist Unitarian Convention. It is the intent and purpose of this section and sections 941 and 942 of this title to preserve to the Universalist denomination in this State, as represented by the Vermont and Quebec Universalist Unitarian Convention for religious uses all property owned by or held in trust for any such church. The order of transfer shall not be made if objected to by five or more members of the church. This shall not affect reversionary interests of any person or persons, in the property, or any valid legal liens of creditors.
27A V.S.A. § 109 — VT Code / Title 27A / Chapter 1 / Section 109
§ 1-109. Construction against implicit repeal
Status: repealed

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.
27A V.S.A. § 110 — VT Code / Title 27A / Chapter 4 / Section 110
§ 4-110. Escrow of deposits
Status: in_force

(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 placed in escrow and held either in this State or in the state where the unit is located in an account designated solely for that purpose by a licensed real estate broker, an attorney licensed in that state, or a banking institution the accounts of which are insured by an agency or instrumentality of the government until the deposit is:

(1) delivered to the declarant at closing;

(2) delivered to the declarant after the purchaser's default under a contract to purchase; or

(3) refunded to the purchaser.

(b)(1) If the agreement for purchase or reservation of a unit provides that deposit funds may be used for construction costs, the declarant obtains and maintains a surety bond as required by this subsection, and the declarant provides the purchaser with a copy of the surety bond under which the purchaser's deposit is protected, the declarant may withdraw escrow funds for purposes of construction. The funds shall only be used for actual building and construction costs of the project in which the unit is located.

(2) The bond shall be issued by a surety authorized to do business in the State of Vermont in favor of the purchaser in an amount adequate to cover the amount of the deposit to be withdrawn. The declarant shall not withdraw more than the face amount of the bond. The bond shall be payable to the purchaser if the purchaser obtains a determination by the issuer of the surety bond that a claim is payable to the purchaser under the terms of the bond, which shall be consistent with the terms of the agreement for purchase or reservation, or a final judgment against the declarant requiring the declarant to return the deposit pursuant to the agreement for purchase or reservation. The bond may be either in the form of an individual bond for each deposit accepted by the declarant or in the form of a blanket bond assuring the return of all deposits received by the declarant.
27A V.S.A. § 104 — VT Code / Title 27A / Chapter 1 / Section 104
§ 1-104. Variation by agreement
Status: in_force

Except as expressly provided in this title, the effect of the provisions of this title may not be varied by agreement, and rights conferred by this title may not be waived. Except as otherwise provided in section 1-207 of this title, a declarant may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this title or the declaration.
27 V.S.A. § 1596 — VT Code / Title 27 / Chapter 18 / Section 1596
§ 1596. Waiver of interest and penalty
Status: in_force

The Administrator:

(1) may waive, in whole or in part, interest under subsection 1594(a) of this title and penalties under subsection 1594(b) or section 1595 of this title; and

(2) shall waive a penalty under subsection 1594(b) of this title if the Administrator determines that the holder acted in good faith and without negligence.
27 V.S.A. § 1361 — VT Code / Title 27 / Chapter 15 / Section 1361
§ 1361. Enforcement
Status: in_force

(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 leaseholder for nonpayment of the part of the lot rent which represents an increase in excess of that provided for in section 1360 of this subchapter.
27 V.S.A. § 185 — VT Code / Title 27 / Chapter 3 / Section 185
§ 185. Control of proceeds of sale
Status: in_force

When a homestead is sold by the guardian of the husband or wife and the wife or husband joins in the conveyance, releasing her or his right of homestead or when it is sold under provisions of section 184 of this title, the Probate Division of the Superior Court may control the investment of the proceeds of the sale in a new homestead or may direct the payment of the proceeds to a trustee appointed by the court or to the wife or husband, as the case may be, under such regulations and restrictions as in the judgment of the court will be for the best interests of all concerned.
27A V.S.A. § 110 — VT Code / Title 27A / Chapter 2 / Section 110
§ 2-110. Exercise of development rights
Status: reserved

(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 planned community comply with section 2-109 of this title. The declarant is the unit owner of any units created. The amendment to the declaration shall assign an identifying number to each new unit created and, except in the case of subdivision or conversion of units described in subsection (b) of this section, reallocate the allocated interests among all units. The amendment shall include a description of any common elements and any limited common elements thereby created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by section 2-108 of this title.

(b) Development rights may be reserved within any real estate added to the common interest community if the amendment adding that real estate includes all matters required by section 2-105 or 2-106 of this title and the plats and plans include all matters required by section 2-109 of this title. This provision does not extend the time limit on the exercise of development rights imposed by the declaration pursuant to subdivision 2-105(a)(8) of this title.

(c) Whenever a declarant exercises a development right to subdivide or convert a unit previously created into additional units, common elements, or both:

(1) if the declarant converts the unit entirely to common elements, the amendment to the declaration shall reallocate all the allocated interests of that unit among the other units as if that unit had been taken by eminent domain; and

(2) if the declarant subdivides the unit into two or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.

(d) If the declaration provides, pursuant to subdivision 2-105(a)(8) of this title, that all or a portion of the real estate is subject to the development right of withdrawal:

(1) if all the real estate is subject to withdrawal, and the declaration does not describe separate portions of real estate subject to that right, none of the real estate may be withdrawn after a unit has been conveyed to a purchaser; and

(2) if a portion or portions are subject to withdrawal, no portion may be withdrawn after a unit in that portion has been conveyed to a purchaser.
27 V.S.A. § 612 — VT Code / Title 27 / Chapter 5 / Section 612
§ 612. Municipal permits
Status: in_force

(a) Notwithstanding the majority decision in Bianchi v. Lorenz (1997), for land development, as defined in 24 V.S.A. § 4303(10), no encumbrance on record title to real estate or effect on marketability shall be created by the failure to obtain or comply with the terms or conditions of any required municipal land use permit as defined in 24 V.S.A. § 4303(11).

(b) A purchaser shall have the right to terminate a binding contract for the sale of real estate if, prior to closing, the purchaser determines and gives written notice to the seller that land development has occurred on the real estate without a required municipal land use permit or in violation of an existing municipal land use permit. Following the receipt of written notice, the seller shall have 30 days, unless the parties agree to a shorter or longer period, either to obtain the required municipal land use permits or to comply with existing municipal land use permits. If the seller does not obtain the required municipal land use permits or comply with existing municipal land use permits, the purchaser may terminate the contract if, as an owner or occupant of the real estate, the purchaser may be subject to an enforcement action under 24 V.S.A. § 4454.
27 V.S.A. § 1327 — VT Code / Title 27 / Chapter 15 / Section 1327
§ 1327. Actions
Status: in_force

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 interests may appear, with respect to any cause of action relating to the common areas and facilities of more than one apartment or site. Service of process on two or more apartment or site owners in any action relating to the common areas and facilities of more than one apartment or site may be made on the person designated in the declaration to receive service of process.
27 V.S.A. § 624 — VT Code / Title 27 / Chapter 5 / Section 624
§ 624. Recording of documents
Status: in_force

(a) In this section, “paper document” means a document that is received by the recorder in a form that is not electronic.

(b) A recorder:

(1) who implements any of the functions listed in this section shall do so in compliance with the most recent standards and best practices;

(2) may receive, index, store, transmit, and preserve electronic documents;

(3) may provide for access to, and for search and retrieval of, documents and information by electronic means;

(4) who accepts electronic documents for recording shall continue to accept paper documents as authorized by State law and shall place entries for both types of documents in the same index;

(5) may convert paper documents accepted for recording into electronic form;

(6) may convert into electronic form information recorded before the recorder began to record electronic documents;

(7) may accept electronically any fee the recorder is authorized to collect; and

(8) may agree with other officials of this State or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees.
27 V.S.A. § 1467 — VT Code / Title 27 / Chapter 18 / Section 1467
§ 1467. When security presumed abandoned
Status: in_force

(a) Subject to section 1469 of this title, a security is presumed abandoned three years after:

(1) the date a second consecutive communication sent by the holder by first-class U.S. mail to the apparent owner is returned to the holder undelivered by the U.S. Postal Service; or

(2) if the second communication is made later than 30 days after the first communication is returned, the date the first communication is returned undelivered to the holder by the U.S. Postal Service.

(b) If the holder does not send communications to the apparent owner of a security by first-class U.S. mail, the holder shall attempt to confirm the apparent owner's interest in the security by sending the apparent owner an electronic-mail communication not later than two years after the apparent owner's last indication of interest in the security. However, the holder promptly shall attempt to contact the apparent owner by first-class U.S. mail if:

(1) the holder does not have information needed to send the apparent owner an electronic-mail communication or the holder believes that the apparent owner's electronic-mail address in the holder's records is not valid;

(2) the holder receives notification that the electronic-mail communication was not received; or

(3) the apparent owner does not respond to the electronic-mail communication not later than 30 days after the communication was sent.

(c) If first-class U.S. mail sent under subsection (b) of this section is returned to the holder undelivered by the U.S. Postal Service, the security is presumed abandoned three years after the date the mail is returned.
27 V.S.A. § 467 — VT Code / Title 27 / Chapter 5 / Section 467
§ 467. When death of mortgagee not established
Status: in_force

In case the death of a mortgagee or assignee is not established, and the court would have jurisdiction to proceed under 14 V.S.A. §§ 2305 and 2306, the court, upon like petition, hearing, and proof, may appoint a trustee to discharge such mortgage.
27A V.S.A. § 107 — VT Code / Title 27A / Chapter 4 / Section 107
§ 4-107. Common interest community securities
Status: in_force

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 under this title if the declarant delivers to the purchaser a copy of the public offering statement filed with the Securities and Exchange Commission. An interest in a common interest community is not a security under the provisions of 9 V.S.A. chapter 131.
27 V.S.A. § 372 — VT Code / Title 27 / Chapter 5 / Section 372
§ 372. Proceedings when grantor refuses to acknowledge-summons
Status: in_force

When a grantor or lessor refuses to acknowledge the grantor's or lessor's deed, the grantee or lessee, or a person claiming under the grantee or lessee, may apply to a Superior Judge who shall issue a summons to the grantor or lessor to appear at a certain time and place before the judge to hear the testimony of the subscribing witnesses to the deed. The summons, with a copy of the deed annexed thereto, shall be served like a writ of summons at least seven business days before the time assigned in the summons for proving the deed.
27 V.S.A. § 610 — VT Code / Title 27 / Chapter 5 / Section 610
§ 610. Housing subsidy covenants; enforceability
Status: in_force

(a) Definition. As used in this section, “housing subsidy covenant” means a covenant the purpose of which is to encourage the development and continued availability of affordable rental and owner-occupied housing for low and moderate income persons. A housing subsidy covenant may be created during ownership or at the time of conveyance by the owner of real property as a condition of:

(1) an allocation of “low income housing tax credits” pursuant to regulations of the Agency of Commerce and Community Development;

(2) a grant, loan, or contract made by an agency, instrumentality, or political subdivision of this State;

(3) a grant, loan, or contract made by a nonprofit corporation;

(4) a subsidized loan from any lending institution that makes loans for residential housing; or

(5) a subsidized private transaction.

(b) Restrictions. A housing subsidy covenant may include without limitation restrictions on the use of real property, restrictions on resale price, restrictions on tenant income and rents, and restrictions on the income of a purchaser of housing or a housing unit for his or her own residence.

(c) Requirements. A housing subsidy covenant shall be set forth in a separate and distinct document and executed, acknowledged, and recorded in the manner provided by law for the execution, acknowledgment, and recording of deeds.

(d) Duration. A housing subsidy covenant may be perpetual or may be limited to a period of time specified in the document and may be amended or terminated by written agreement of the owner of the land and all persons or entities holding the right to enforce the covenant. Any amendment or termination shall be executed, acknowledged, and recorded as provided in this section.

(e) Enforceability. A covenant that complies with this section shall run with the land and shall be enforceable according to its terms. The covenant may include provisions for monitoring and enforcing compliance. The covenant may be enforced by the person or entity that provided the subsidy of which creation of the covenant was a condition, or by any agency, instrumentality, or political subdivision of the State or nonprofit corporation organized for the purpose of promoting affordable housing to whom the right of enforcement has been assigned.
27 V.S.A. § 1304 — VT Code / Title 27 / Chapter 15 / Section 1304
§ 1304. Status of the apartments or sites
Status: in_force

Each apartment or site, together with its undivided interest in the common areas and facilities, shall for all purposes constitute real property.
27 V.S.A. § 1515 — VT Code / Title 27 / Chapter 18 / Section 1515
§ 1515. Recovery of property by holder from Administrator
Status: in_force

(a) A holder that under this chapter pays money to the Administrator may file a claim for reimbursement from the Administrator of the amount paid if the holder:

(1) paid the money in error; or

(2) after paying the money to the Administrator, paid money to a person the holder reasonably believed entitled to the money.

(b) If a claim for reimbursement under subsection (a) of this section is made for a payment made on a negotiable instrument, including a traveler's check, money order, or similar instrument, the holder must submit proof that the instrument was presented and payment was made to a person the holder reasonably believed entitled to payment. The holder may claim reimbursement even if the payment was made to a person whose claim was made after expiration of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order.

(c) If a holder is reimbursed by the Administrator under subdivision (a)(2) of this section, the holder may also recover from the Administrator income or gain under section 607 that would have been paid to the owner if the money had been claimed from the Administrator by the owner to the extent the income or gain was paid by the holder to the owner.

(d) A holder that under this chapter delivers property other than money to the Administrator may file a claim for return of the property from the Administrator if:

(1) the holder delivered the property in error; or

(2) the apparent owner has claimed the property from the holder.

(e) If a claim for return of property under subsection (d) of this section is made, the holder shall include with the claim evidence sufficient to establish that the apparent owner has claimed the property from the holder or that the property was delivered by the holder to the Administrator in error.

(f) The Administrator may determine that an affidavit submitted by a holder is evidence sufficient to establish that the holder is entitled to reimbursement or to recover property under this section.

(g) A holder is not required to pay a fee or other charge for reimbursement or return of property under this section.

(h) Not later than 90 days after a claim is filed under subsection (a) or (d) of this section, the Administrator shall allow or deny the claim and give the claimant notice of the decision in a record. If the Administrator does not take action on a claim during the 90-day period, the claim is deemed denied.

(i) The claimant may initiate a proceeding under 3 V.S.A. chapter 25 for review of the Administrator's decision or the deemed denial under subsection (h) of this section not later than:

(1) 30 days following receipt of the notice of the Administrator's decision; or

(2) 120 days following the filing of a claim under subsection (a) or (d) of this section in the case of a deemed denial under subsection (h) of this section.

(j) A final decision in an administrative proceeding initiated under subsection (i) of this section may be appealed to the Civil Division of the Washington County Superior Court, which shall hear the appeal de novo.
27 V.S.A. § 607 — VT Code / Title 27 / Chapter 5 / Section 607
§ 607. Time-shares; right to cancel
Status: in_force

(a) For the purposes of this section a “time-share” means an interest in a project involving real property acquired by means of a time-share estate or a time-share license. A “time-share estate” is a right to occupy a unit or any of several units during separated time periods coupled with a freehold estate or an estate for years in a time-share property or a specified portion thereof. A “time-share license” means a right to occupy a unit or any of several units including renewal options, not coupled with a freehold estate or an estate for years.

(b) A purchaser of a time-share shall have a right to cancel a contract of sale for five days after executing the contract. This right to cancel may not be waived.

(c) If a purchaser elects to cancel a contract pursuant to subsection (b) of this section, he or she may do so by written notice hand-delivered to the seller or mailed to the developer or to his or her agent for service of process. If mailed, written notice shall be by certified mail and shall be dated on or before the fifth day. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded within 15 days after receipt of the notice of cancellation.

(d) A contract for the sale of a time-share shall include in a size equal to at least 10-point bold type the language set forth in subsections (b) and (c) of this section. A contract violating this subsection shall be unenforceable.
27 V.S.A. § 1531 — VT Code / Title 27 / Chapter 18 / Section 1531
§ 1531. Public sale of property
Status: in_force

(a) Subject to section 1532 of this title, not earlier than three years after receipt of property presumed abandoned, the Administrator may sell the property.

(b) Before selling property under subsection (a) of this section, the Administrator shall give notice to the public of:

(1) the date of the sale; and

(2) a reasonable description of the property.

(c) A sale under subsection (a) of this section must be to the highest bidder:

(1) at public sale at a location in this State that the Administrator determines to be the most favorable market for the property;

(2) on the internet; or

(3) on another forum the Administrator determines is likely to yield the highest net proceeds of sale.

(d) The Administrator may decline the highest bid at a sale under this section and reoffer the property for sale if the Administrator determines the highest bid is insufficient.

(e) If a sale held under this section is to be conducted other than on the Internet, the Administrator must publish at least one notice of the sale, at least three weeks but not more than five weeks before the sale, in a newspaper of general circulation in the county in which the property is sold.
27 V.S.A. § 606 — VT Code / Title 27 / Chapter 5 / Section 606
§ 606. Limitation of actions
Status: in_force

Nothing in this subchapter shall extend the periods for the bringing of an action or suit or for the doing of any act required under existing statutes of limitation nor affect the operation of existing statutes governing the effect of the recording of or of the failure to record instruments affecting real estate.
27 V.S.A. § 1003 — VT Code / Title 27 / Chapter 9 / Section 1003
§ 1003. Title to railroad property confirmed
Status: in_force

When a railroad company in this State has constructed its railroad beyond low-water mark into Lake Champlain or has built into it a wharf, dock, pier, or other structure in connection with the railroad for its accommodation or use which does not impede ordinary navigation in the lake, the building and structures shall be lawful and the legal title to them shall vest in the railroad company or others lawfully claiming under it.
27A V.S.A. § 105 — VT Code / Title 27A / Chapter 4 / Section 105
§ 4-105. Time shares
Status: in_force

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 time shares may be created;

(2) the total number of time shares that may be created;

(3) the minimum duration of any time share that may be created; and

(4) the extent to which the creation of time shares may affect the enforceability of the association's lien for assessments provided in section 3-116 of this title.
27 V.S.A. § 1334 — VT Code / Title 27 / Chapter 15 / Section 1334
§ 1334. Exclusive right to purchase
Status: in_force

(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 documents provided to the general public or to other tenants as part of the offering for sale of the unit. If a tenant fails to contract for the unit during the offer period, the declarant may not offer an interest in that unit during the following 90 days at a price or on terms more favorable to the offeree than the price or terms offered to the tenant.

(b) If a declarant conveys a unit in violation of section 1333 to a purchaser for value who has no knowledge of the violation, recordation of the deed conveying the unit extinguishes any right a tenant may have to purchase the unit, but does not affect the right of a tenant to recover damages from the declarant.

(c) This section shall not apply to any unit in a conversion building if that unit will be restricted exclusively to nonresidential use or the boundaries of the converted unit do not substantially conform to the dimensions of the residential unit before conversion.
27 V.S.A. § 706 — VT Code / Title 27 / Chapter 7 / Section 706
§ 706. Reconveyance by Governor
Status: in_force

When title to such real estate vests in the State, it shall be under the charge of the Governor. Upon the Governor being satisfied that the congregation or society has become a corporation according to law, the Governor shall grant and convey the real estate and the rights, title, and interest of the State to the corporation, which shall be vested with the rights, title, and interest.
27 V.S.A. § 1471 — VT Code / Title 27 / Chapter 18 / Section 1471
§ 1471. Deposit account for proceeds of insurance policy or annuity contract
Status: in_force

If proceeds payable under a life or endowment insurance policy or annuity contract are deposited into an account with check or draft-writing privileges for the beneficiary of the policy or contract and, under a supplementary contract not involving annuity benefits other than death benefits, the proceeds are retained by the insurance company or the financial organization where the account is held, the policy or contract includes the assets in the account.
27A V.S.A. § 118 — VT Code / Title 27A / Chapter 4 / Section 118
§ 4-118. Labeling of promotional material
Status: in_force

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 identified either as “must be built” or as “need not be built.”
27A V.S.A. § 113 — VT Code / Title 27A / Chapter 4 / Section 113
§ 4-113. Express warranties of quality
Status: in_force

(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 community that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the common interest community warranties conformity of the unit and related rights and uses.

(2) Any model or description of the physical characteristics of the common interest community, including plans and specifications of or for improvements, creates an express warranty that the common interest community will conform to the model or description, unless the model or description clearly discloses that it is only proposed or is subject to change.

(3) Any description of the quantity or extent of the real estate comprising the common interest community, including plats or surveys warranties conformity of the common interest community to the description, subject to customary tolerances.

(4) A provision that a purchaser may put a unit only to a specified use warranties the legality of the specified use.

(b) Neither formal words, such as “warranty” or “guarantee,” nor a specific intention to make a warranty is necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty.

(c) A conveyance of a unit transfers to the purchaser all express warranties of quality made by the declarant.
27A V.S.A. § 204 — VT Code / Title 27A / Chapter 1 / Section 204
§ 1-204. Preexisting common interest communities
Status: in_force

(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, 2-103, 2-104, and 2-121, subdivisions 3-102(a)(1) through (6) and (11) through (16), and sections 3-111, 3-116, 3-118, 4-109, and 4-117 to the extent necessary to construe the applicable sections. The sections and subdivisions described in this subdivision apply only to events and circumstances occurring after December 31, 1998 and do not invalidate existing provisions of the declarations, bylaws, plats, or plans of those common interest communities.

(2) Unless excepted under section 1-203 of this title, the following sections of this title apply to a common interest community created in this State before January 1, 1999: sections 1-206 and 2-102, subdivisions 2-117(h) and (i), and sections 2-124, 3-103, 3-108, 3-110, and 3-124. The sections and subdivisions described in this subdivision apply only to events and circumstances occurring after December 31, 2011 and do not invalidate existing provisions of the declarations, bylaws, plats, or plans of those common interest communities.

(b) If a planned community created within this State before January 1, 1999 contains no more than 24 units and is not subject to development rights, it is subject only to sections 1-105, 1-106, and 1-107 of this title unless the declaration is amended in conformity with applicable law and with the procedures and requirements of the declaration to take advantage of the provisions of section 1-206 of this title, in which case all the sections and subdivisions enumerated in subsection (a) of this section apply to that planned community.
27A V.S.A. § 115 — VT Code / Title 27A / Chapter 2 / Section 115
§ 2-115. Use for sales purposes
Status: reserved

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, location, and relocation of it. In a condominium, any sales office, management office, or model not designated a unit by the declaration is a common element. If a declarant ceases to be a unit owner, that declarant ceases to have any rights with regard to the common element unless it is removed promptly in accordance with a right to remove reserved in the declaration. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the common interest community. The provisions of this section are subject to local ordinances.
27 V.S.A. § 652 — VT Code / Title 27 / Chapter 6 / Section 652
§ 652. Application of chapter
Status: in_force

This chapter applies to deeds in which a grantor reserves a common law life estate interest in real property while expressly reserving rights such that the deed creates a contingent remainder interest in the grantee.
27 V.S.A. § 1613 — VT Code / Title 27 / Chapter 18 / Section 1613
§ 1613. When confidential information may be disclosed
Status: in_force

(a) When reasonably necessary to enforce or implement this chapter, the Administrator may disclose confidential information concerning property held by the Administrator or the Administrator's agent only to:

(1) an apparent owner or the apparent owner's personal representative, attorney, other legal representative, relative, or agent designated under section 1603 of this title to have the information;

(2) the personal representative, executor, other legal representative, relative of a deceased apparent owner, agent designated under section 1603 of this title by the deceased apparent owner, or a person entitled to inherit from the deceased apparent owner;

(3) another department or agency of this State or the United States;

(4) the person that administers the unclaimed property law of another state, if the other state accords substantially reciprocal privileges to the Administrator of this State, or if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to subchapter 14 of this chapter;

(5) a person subject to an examination as required by subdivision 1564(6) of this title.

(b) Except as otherwise provided in subsection 1612(a) of this title, the Administrator shall include on the website or in the database required by subdivision 1503(c)(2) of this title the name of each apparent owner of property held by the Administrator. The Administrator may include in published notices, printed publications, telecommunications, the Internet, or other media and on the website or in the database additional information concerning the apparent owner's property if the Administrator believes the information will assist in identifying and returning property to the owner and does not disclose personal information except the home or physical address of an apparent owner.

(c) The Administrator and the Administrator's agent may not use confidential information provided to them or in their possession except as expressly authorized by this chapter or required by law other than this chapter.
27 V.S.A. § 1602 — VT Code / Title 27 / Chapter 18 / Section 1602
§ 1602. When agreement to locate property void
Status: in_force

(a) Subject to subsection (b) of this section, an agreement under section 1601 of this title is void if it is entered into during the period beginning on the date the property was paid or delivered by a holder to the Administrator and ending 24 months after the payment or delivery.

(b) If a provision in an agreement described in subsection (a) of this section applies to mineral proceeds for which compensation is to be paid to the other person based in whole or in part on a part of the underlying minerals or mineral proceeds not then presumed abandoned, the provision is void regardless of when the agreement was entered into.

(c) An agreement under subsection (a) of this section that provides for compensation in an amount that is unconscionable is unenforceable except by the apparent owner. An apparent owner that believes the compensation the apparent owner has agreed to pay is unconscionable or the Administrator, acting on behalf of an apparent owner, or both, may bring an action in the appropriate court to reduce the compensation to the maximum amount that is not unconscionable. On the final determination of an action filed under this subsection, the court may, on application, award the prevailing party its reasonable attorney's fees, costs, and expenses of litigation.

(d) An apparent owner or the Administrator may assert that an agreement described in this section is void on a ground other than it provides for payment of unconscionable compensation.

(e) This section does not apply to an apparent owner's agreement with an attorney to pursue a claim for recovery of specifically identified property held by the Administrator or to contest the Administrator's denial of a claim for recovery of the property.

(f) An agreement between an owner and an asset locator, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property that is presumed abandoned and that provides for compensation that exceeds 10 percent of the value of the unclaimed property, shall be unenforceable.
27 V.S.A. § 658 — VT Code / Title 27 / Chapter 6 / Section 658
§ 658. Death of grantee prior to death of grantor
Status: in_force

Unless the ELE deed provides otherwise:

(1) If an ELE deed conveys title to a single grantee and the grantee predeceases the grantor, upon the death of the grantor, title to the property vests in the heirs of an intestate grantee or the interest shall be distributed or conveyed to a grantee's heirs or beneficiaries, as directed by the Probate Division.

(2) If an ELE deed conveys title to multiple grantees as tenants in common and one or more grantees predecease the grantor, upon the death of the grantor, title to the property vests in the heirs of any intestate grantee or the interest shall be distributed or conveyed to a grantee's heirs or beneficiaries, as directed by the Probate Division.

(3) If an ELE deed conveys title to multiple grantees as joint tenants and one or more grantees predecease the grantor, upon the death of the grantor, title to the property vests in any grantee who survives the grantor.
27 V.S.A. § 1472 — VT Code / Title 27 / Chapter 18 / Section 1472
§ 1472. Unclaimed life insurance benefits
Status: in_force

(a) As used in this section:

(1) “Contract” means an annuity contract. The term “contract” shall not include an annuity used to fund an employment-based retirement plan or program where:

(A) the insurer does not perform the record-keeping services; or

(B) the insurer is not committed by terms of the annuity contract to pay death benefits to the beneficiaries of specific plan participants.

(2) “Death Master File” means the U.S. Social Security Administration's Death Master File or any other database or service that is at least as comprehensive as the U.S. Social Security Administration's Death Master File for determining that an individual reportedly has died.

(3) “Death Master File match” means a search of the Death Master File that results in a match of the Social Security number or the name and date of birth of an insured, annuity owner, or retained asset account holder.

(4) “Knowledge of death” means:

(A) receipt of an original or valid copy of a certified death certificate; or

(B) a Death Master File match validated by the insurer in accordance with subdivision (b)(1)(A) of this section.

(5) “Policy” means any policy or certificate of life insurance that provides a death benefit. The term “Policy” shall not include:

(A) any policy or certificate of life insurance that provides a death benefit under an employee benefit plan:

(i) subject to The Employee Retirement Income Security Act of 1974, Pub.L. No. 93-406, as may be amended; or

(ii) under any Federal employee benefit program;

(B) any policy or certificate of life insurance that is used to fund a preneed funeral contract or prearrangement;

(C) any policy or certificate of credit life or accidental death insurance; or

(D) any policy issued to a group master policyholder for which the insurer does not provide record-keeping services.

(6) “Record-keeping services” means those circumstances under which the insurer has agreed with a group policy or contract customer to be responsible for obtaining, maintaining, and administering in its own or its agents' systems information about each individual insured under an insured's group insurance contract, or a line of coverage under the contract, at least the following information:

(A) Social Security number or name and date of birth;

(B) beneficiary designation information;

(C) coverage eligibility;

(D) benefit amount; and

(E) premium payment status.

(7) “Retained Asset Account” means any mechanism whereby the settlement of proceeds payable under a Policy or Contract is accomplished by the insurer or an entity acting on behalf of the insurer depositing the proceeds into an account with check or draft writing privileges, where those proceeds are retained by the insurer or its agent, pursuant to a supplementary contract not involving annuity benefits other than death benefits.

(b) An insurer shall perform a comparison of its insureds' in-force Policies, Contracts, and Retained Asset Accounts against a Death Master File, on at least a semiannual basis, by using the full Death Master File once and thereafter using the Death Master File update files for future comparisons to identify potential matches of its insureds. For those potential matches identified as a result of a Death Master File Match, the insurer shall:

(1) within 90 days of a Death Master File Match:

(A) complete a good faith effort, which shall be documented by the insurer, to confirm the death of the insured or retained asset account holder against other available records and information;

(B) determine whether benefits are due in accordance with the applicable policy or contract; and if benefits are due in accordance with the applicable policy or contract:

(i) use good faith efforts, which shall be documented by the insurer, to locate the beneficiary or beneficiaries; and

(ii) provide the appropriate claims forms or instructions to the beneficiary or beneficiaries to make a claim including the need to provide an official death certificate, if applicable under the policy or contract.

(2) With respect to group life insurance, insurers are required to confirm the possible death of an insured when the insurers maintain at least the following information of those covered under a policy or certificate:

(A) Social Security number or name and date of birth;

(B) beneficiary designation information;

(C) coverage eligibility;

(D) benefit amount; and

(E) premium payment status.

(3) Every insurer shall implement procedures to account for:

(A) common nicknames, initials used in lieu of a first or middle name, use of a middle name, compound first and middle names, and interchanged first and middle names;

(B) compound last names, maiden or married names, and hyphens, blank spaces, or apostrophes in last names;

(C) transposition of the “month” and “date” portions of the date of birth; and

(D) incomplete Social Security number.

(4) To the extent permitted by law, the insurer may disclose minimum necessary personal information about the insured or beneficiary to a person who the insurer reasonably believes may be able to assist the insurer locate the beneficiary or a person otherwise entitled to payment of the claims proceeds.

(c) An insurer or its service provider shall not charge any beneficiary or other authorized representative for any fees or costs associated with a Death Master File Search or verification of a Death Master File Match conducted pursuant to this section.

(d) The benefits from a Policy, Contract, or a Retained Asset Account, plus any applicable accrued contractual interest, shall first be payable to the designated beneficiaries or owners and, in the event said beneficiaries or owners cannot be found, shall be reportable to the Administrator as unclaimed property pursuant to this chapter. Interest payable under 8 V.S.A. § 3665 shall not be payable as unclaimed property under this chapter.

(e) An insurer shall notify the Administrator upon the expiration of the statutory time period for the property to be presumed abandoned that:

(1) a Policy or Contract beneficiary or Retained Asset Account holder has not submitted a claim with the insurer; and

(2) the insurer has complied with subsection (a) of this section and has been unable, after good faith efforts documented by the insurer, to contact the Retained Asset Account holder, beneficiary, or beneficiaries.

(f) Upon such notice, an insurer shall immediately submit the unclaimed Policy or Contract benefits or unclaimed Retained Asset Accounts, plus any applicable accrued interest, to the Administrator.

(g) Failure to meet any requirement of this section with such frequency as to constitute a general business practice is a violation of 8 V.S.A. § 4724(9). Nothing in this section shall be construed to create or imply a private cause of action for a violation of this section.
27 V.S.A. § 657 — VT Code / Title 27 / Chapter 6 / Section 657
§ 657. Execution by guardian; use of power of attorney
Status: in_force

(a) With the approval of the Probate Division, a guardian may convey the real property of a person under guardianship by an ELE deed.

(b) An ELE deed may be executed by an agent under a power of attorney if the power of attorney complies with the following, including any applicable gifting and self-dealing provisions:

(1) 14 V.S.A. chapter 123, if the ELE deed was executed before July 1, 2023; or

(2) 14 V.S.A. chapter 127, if the ELE deed was executed on or after July 1, 2023.
27 V.S.A. § 143 — VT Code / Title 27 / Chapter 3 / Section 143
§ 143. Spouse with a mental condition or psychiatric disability
Status: in_force

(a) When the spouse of an owner of a homestead lacks capacity to protect the spouse's homestead interest due to a mental condition or psychiatric disability and the owner desires to convey the homestead or an interest therein, the owner may petition the Probate Division of the Superior Court in the district in which the homestead is situated for a license to convey the same. Upon not less than 14 days' notice of the petition to the kindred of the spouse who lacks capacity to protect the spouse's interest due to a mental condition or psychiatric disability residing in the State, and to the selectboard members of the town in which the homestead is situated, which notice may be personal or by publication, the court may hear and determine the petition and may license the owner or convey the homestead, or an interest therein, by the owner's sole deed. The license shall be recorded in the office where a deed of the homestead is required to be recorded and the sole deed shall have the same effect as if the spouse has the capacity to protect the spouse's interests and had joined in the deed.

(b) On granting such license, the court may make such special order as to the investment or disposition of the funds as the nature of the case requires.

(c) On the hearing of such petition for license, any of such kindred or the selectboard may appear and be heard in the premises and may appeal as provided for other appeals from decrees of the Probate Division of the Superior Court.
27 V.S.A. § 1487 — VT Code / Title 27 / Chapter 18 / Section 1487
§ 1487. Burden of proof to establish Administrator's right to custody
Status: in_force

If the Administrator asserts a right to custody of unclaimed property, the Administrator has the burden to prove:

(1) the existence and amount of the property;

(2) the property is presumed abandoned; and

(3) the property is subject to the custody of the Administrator.
27 V.S.A. § 1592 — VT Code / Title 27 / Chapter 18 / Section 1592
§ 1592. Interstate and international agreement; cooperation
Status: in_force

(a) Subject to subsection (b) of this section, the Administrator may:

(1) exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of property presumed abandoned; and

(2) authorize in a record another state or foreign country or a person acting on behalf of the other state or country to examine its records of a putative holder as provided in subchapter 10 of this chapter.

(b) An exchange or examination under subsection (a) of this section may be done only if the state or foreign country has confidentiality and security requirements substantially equivalent to those in subchapter 14 of this chapter, or agrees in a record to be bound by this State's confidentiality and security requirements.
27 V.S.A. § 1331 — VT Code / Title 27 / Chapter 15 / Section 1331
§ 1331. Definitions
Status: in_force

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 the tenant then resides in regard to each of the following: apartment size, rent range, major kitchen and bathroom facilities, special facilities necessary for persons with disabilities or who have an infirmity, and desirability of neighborhood, school facilities, or area.

(2) “Conversion” means a change in character of residential real property from a rental to an ownership basis. A common interest community, stock cooperative, or similar arrangement shall be deemed such a change in character of ownership.

(3) “Declarant” means any person who offers for transfer ownership interests in a common interest community as part of an initial common promotional plan.

(4) “Tenant who is an elder” means a tenant who is 62 years of age or older.

(5) “Tenant with a disability” means a tenant who has a physical or mental impairment that restricts one or more major life activities, including functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.

(6) “Low-income tenant household” means a household having an income not exceeding 80 percent of median income for area of residence as set forth in regulations promulgated from time-to-time by the Department of Housing and Urban Development pursuant to 42 U.S.C. § 1437 et seq.
27 V.S.A. § 1552 — VT Code / Title 27 / Chapter 18 / Section 1552
§ 1552. When property subject to recovery by another state
Status: in_force

(a) Property held under this chapter by the Administrator is subject to the right of another state to take custody of the property if:

(1) the property was paid or delivered to the Administrator because the records of the holder did not reflect a last-known address in the other state of the apparent owner and:

(A) the other state establishes that the last-known address of the apparent owner or other person entitled to the property was in the other state; or

(B) under the law of the other state, the property has become subject to a claim by the other state of abandonment;

(2) the records of the holder did not accurately identify the owner of the property, the last-known address of the owner was in another state, and, under the law of the other state, the property has become subject to a claim by the other state of abandonment;

(3) the property was subject to the custody of the Administrator of this State under section 1485 of this title and, under the law of the state of domicile of the holder, the property has become subject to a claim by the state of domicile of the holder of abandonment; or

(4) the property:

(A) is a sum payable on a traveler's check, money order, or similar instrument that was purchased in the other state and delivered to the Administrator under section 1486 of this title; and

(B) under the law of the other state, has become subject to a claim by the other state of abandonment.

(b) A claim by another state to recover property under this section must be presented in a form prescribed by the Administrator, unless the Administrator waives presentation of the form.

(c) The Administrator shall decide a claim under this section not later than 90 days after it is presented. If the Administrator determines that the other state is entitled under subsection (a) of this section to custody of the property, the Administrator shall allow the claim and pay or deliver the property to the other state.

(d) The Administrator may require another state, before recovering property under this section, to agree to indemnify this State and its agents, officers, and employees against any liability on a claim to the property.
27 V.S.A. § 1401 — VT Code / Title 27 / Chapter 17 / Section 1401
§ 1401. Acceptance of survey plats; definition
Status: in_force

(a) Each town clerk shall accept survey plats for filing and maintain files and indices to files of survey plats in accordance with this chapter.

(b) As used in this chapter:

(1) “Survey plat” means a map or plan drawn to scale of one or more parcels, tracts, or subdivisions of land, showing, but not limited to, boundaries, corners, markers, monuments, easements, and other rights.

(2) “Center” means the Vermont Center for Geographic Information.

(c)(1) Whenever a survey plat that maps the subdivision of a parcel or a change in a parcel boundary is filed for record with a town clerk, the surveyor who created the survey plat shall submit a digital copy of the plat to the Center. The Center shall maintain digital copies of survey plats in a statewide digital repository and make them available to the public.

(2) The failure of a surveyor to comply with subdivision (1) of this subsection shall not void, alter, or invalidate the subdivision or boundary adjustment and shall not render the title to the property depicted in the survey plat unmarketable.

(d) The survey plat filed with the town clerk shall be the official plat of record.
27A V.S.A. § 122 — VT Code / Title 27A / Chapter 3 / Section 122
§ 3-122. Removal of officers and directors
Status: in_force

(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 executive board and any officer elected by the unit owners, with or without cause, if the number of votes cast in favor of removal exceeds the number of votes cast in opposition to removal, but:

(1) a member appointed by the declarant may not be removed by a unit owner vote during the period of declarant control;

(2) a member appointed under subsection 3-103(g) of this title may be removed only by the person that appointed that member; and

(3) the unit owners may not consider whether to remove a member of the executive board or an officer elected by the unit owners at a meeting of the unit owners unless that subject was listed in the notice of the meeting.

(b) At any meeting at which a vote to remove a member of the executive board or an officer is to be taken, the member or officer being considered for removal must have a reasonable opportunity to speak before the vote.
27 V.S.A. § 344 — VT Code / Title 27 / Chapter 5 / Section 344
§ 344. Conveyances of joint interests when husband under disability
Status: in_force

The wife of a man under guardianship may join with the guardian in making partition of her real estate held in joint tenancy or in common and, with the guardian, may jointly make a release or other conveyance for that purpose, as she might have done with her husband if he had not been under legal disability.
27 V.S.A. § 1544 — VT Code / Title 27 / Chapter 18 / Section 1544
§ 1544. Administrator holds property as custodian for owner
Status: in_force

Property received by the Administrator under this chapter is held in custody for the benefit of the owner and is not owned by the State.
27 V.S.A. § 653 — VT Code / Title 27 / Chapter 6 / Section 653
§ 653. Definitions
Status: in_force

In this chapter, unless a deed indicates an intention to the contrary:

(1) “Convey” means to grant, sell, gift, lease, transfer, or encumber real property, with or without consideration, including the ability to revise or revoke a deed.

(2) “Enhanced life estate deed” or “ELE Deed” means a deed in which:

(A) the grantor expressly reserves a common law life estate;

(B) the grantor expressly reserves the right to convey the property during the grantor's lifetime;

(C) the grantee acquires a contingent remainder interest such that, prior to the death of the grantor, the grantee has no vested rights in the property; and

(D) upon the death of the grantor, title vests in the surviving grantee or, for a deceased grantee, title passes pursuant to section 658 of this title, subject to encumbrances of record.

(3) “Grantee” means one or more grantees and the grantee's heirs and assigns.

(4) “Grantor” means one or more grantors, each of whom shall be a natural person, and the grantor's heirs and assigns.

(5) “Revoke” means to negate an ELE deed and is accomplished when the grantor records a deed from the grantor to himself or herself.

(6) “Revise” means to change the grantee on an ELE deed and is accomplished when the grantor records a new ELE deed to a grantee other than, or in addition to, the grantee named in the prior ELE deed. A revised deed supersedes and replaces a prior ELE deed. To add an additional grantee to an existing ELE deed, the new ELE deed must name all grantees.
27 V.S.A. § 1102 — VT Code / Title 27 / Chapter 11 / Section 1102
§ 1102. Penalty for destroying notices
Status: in_force

A person who willfully takes down or destroys such a notice within 60 days from the time of posting the same shall be fined $7.00, unless the owner has appeared and claimed such property.
27 V.S.A. § 380 — VT Code / Title 27 / Chapter 5 / Section 380
§ 380. Disclosure of information; conveyance of real estate
Status: repealed

(a) Prior to or as part of a contract for the conveyance of real property, the seller shall provide the buyer with the following information:

(1) [Repealed.]

(2) [Repealed.]

(3) a physical or electronic copy or a digital link of the official flood insurance rate map, as published by the Federal Emergency Management Agency, or notice that a flood insurance rate map is unavailable effective for the community in which the real property is located;

(4) whether the real property was subject to flooding or flood damage while the seller possessed the property, including flood damage from inundation or from flood-related erosion or landslide damage; and

(5) whether the seller maintains or is required by federal or State law to maintain flood insurance on the real property.

(b) The failure of the seller to provide the buyer with the information required under subsection (a) of this section is grounds for the buyer to terminate the contract prior to transfer of title or occupancy, whichever occurs earlier.

(c) If a seller of real estate fails to provide the information required to be disclosed by a seller under subsection (a) of this section, a buyer may bring an action to recover from the seller the amount of the buyer's damages and reasonable attorney's fees. The buyer may also seek punitive damages when the seller knowingly failed to provide the required information.

(d) A seller shall not be liable for damages under this section for any error, inaccuracy, or omission of any information required to be disclosed to the buyer under subsection (a) of this section when the error, inaccuracy, or omission was based on information provided by a public body or by another person with a professional license or special knowledge who provided a written report that the seller reasonably believed to be correct and that was provided by the seller to the buyer.

(e) Noncompliance with the requirements of this section shall not affect the marketability of title of a real property.
27 V.S.A. § 1352 — VT Code / Title 27 / Chapter 15 / Section 1352
§ 1352. Conversion of mobile home parks permitted
Status: in_force

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 mobile home park. Any sale of a mobile home park shall be governed by the provisions of 10 V.S.A. § 6242; the conversion of a mobile home park under this subchapter shall not be deemed to be a sale.
27 V.S.A. § 1 — VT Code / Title 27 / Chapter 1 / Section 1
§ 1. Estate in fee tail abolished
Status: in_force

Where, by the common law, a person might become seised in fee tail of lands by virtue of a devise, gift, grant, or other conveyance, or by other means, such person, instead of being seised thereof in fee tail, shall be seised thereof in fee simple. This section shall not change the effect of any instrument made and executed prior to June 1, 1941.
27 V.S.A. § 603 — VT Code / Title 27 / Chapter 5 / Section 603
§ 603. Successors in interest; notices of claim; filing for record
Status: in_force

A person holding a marketable title under this subchapter shall hold the same, and it shall be taken by his or her successors in interest, free and clear of any and all interests, liens, claims, and charges the existence of which depends in whole or in part upon any act, transaction, event, or omission that occurred prior to such 40-year period, whether or not the instrument purporting to create such interest, lien, claim, or charge was properly executed so as to validly create the interest, lien, claim, or charge, and all such interests, liens, claims, and charges are declared void and of no effect either at law or in equity, except that any such interest, lien, claim or charge may be preserved from the effect of this chapter if the holder of the interest files for record within the 40-year period, a notice in writing, duly verified by oath, setting forth the nature of the claim as provided in section 605 of this title.
27A V.S.A. § 114 — VT Code / Title 27A / Chapter 3 / Section 114
§ 3-114. Surplus funds
Status: in_force

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 liabilities or credited to them to reduce their future common expense assessments.
27 V.S.A. § 464a — VT Code / Title 27 / Chapter 5 / Section 464a
§ 464a. Discharge by licensed attorney
Status: in_force

(a) A recorded mortgage may be discharged by an attorney-at-law licensed to practice in this State if:

(1) the mortgagee, after receipt of payment of the mortgage in accordance with the payoff statement furnished to the mortgagor by the mortgagee, or the mortgagee's agent, fails to execute and record a discharge of the mortgage in accordance with section 461, 462, or 463 of this title;

(2) the discharge is executed by, or is in the name of, a purported mortgagee that is not holder of record of the mortgage; or

(3) the discharge of record was not executed in accordance with section 461, 462, or 463 of this title.

(b) An attorney-at-law who discharges a mortgage under this section shall execute and record with the discharge an affidavit in the record of deeds affirming that:

(1) the affiant is an attorney-at-law in good standing and licensed to practice in Vermont;

(2) the affidavit is made at the request of the mortgagor or the mortgagor's executor, administrator, successor, assignee, or transferee or the transferee's mortgagee;

(3) the purported mortgagee has provided a payoff statement with respect to the loan secured by the mortgage;

(4) the purported mortgagee has received payment of the mortgage in accordance with the payoff statement that has been proved by a bank check, certified check, or attorney client funds account check negotiated by the purported mortgagee or by evidence of receipt of payment by the purported mortgagee; and

(5) more than 30 days have elapsed since the payment was received by the purported mortgagee.

(c) The affidavit must include the names and addresses of the mortgagor, the original mortgagee, and the purported mortgagee; the date of the mortgage; and the book and page number and similar information with respect to the most recent recorded assignment of the mortgage.

(d) The affiant shall attach to the affidavit the following, certifying that each copy is a true copy of the original document:

(1) photocopies of the documentary evidence that payment has been received by the mortgagee, provided that the payor's account number may be redacted; and

(A) if paid by check, a photocopy of the mortgagee's endorsement of the payoff check; or

(B) if paid by wire, written confirmation that the monies wired left the sender's account; and

(2) a photocopy of the payoff statement received from the mortgagee or servicer.

(e) An affidavit recorded under this section has the same effect as discharge under section 461, 462, or 463 of this title.

(f) An attorney-at-law who executes and records a discharge of mortgage in accordance with this section shall not be liable to the holder of the mortgage on account of such discharge except in the event of negligence or fraud by the discharging attorney.
27 V.S.A. § 1465 — VT Code / Title 27 / Chapter 18 / Section 1465
§ 1465. When contents of safe-deposit box presumed abandoned
Status: in_force

Tangible property held in a safe-deposit box and proceeds from a sale of the property by the holder permitted by law of this State other than this chapter are presumed abandoned if the property remains unclaimed by the apparent owner five years after the earlier of the:

(1) expiration of the lease or rental period for the box; or

(2) earliest date when the lessor of the box is authorized by law of this State other than this chapter to enter the box and remove or dispose of the contents without consent or authorization of the lessee.
27 V.S.A. § 306 — VT Code / Title 27 / Chapter 5 / Section 306
§ 306. Evidence
Status: in_force

When a deed is made by virtue of a power of attorney thus executed and recorded, a certified copy of the record of such power of attorney may be read in evidence when the original cannot be produced.
27 V.S.A. § 1451 — VT Code / Title 27 / Chapter 18 / Section 1451
§ 1451. Short title
Status: in_force

This chapter may be cited as the Revised Uniform Unclaimed Property Act.
27 V.S.A. § 1565 — VT Code / Title 27 / Chapter 18 / Section 1565
§ 1565. Evidence of unpaid debt or undischarged obligation
Status: in_force

(a) A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.

(b) A putative holder may establish by a preponderance of the evidence that there is no unpaid debt or undischarged obligation for a debt or obligation described in subsection (a) of this section or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder.

(c) A putative holder may overcome prima facie evidence under subsection (a) of this section by establishing by a preponderance of the evidence that a check, draft, or similar instrument was:

(1) issued as an unaccepted offer in settlement of an unliquidated amount;

(2) issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected;

(3) issued to a party affiliated with the issuer;

(4) paid, satisfied, or discharged;

(5) issued in error;

(6) issued without consideration;

(7) issued but there was a failure of consideration;

(8) voided not later than 90 days after issuance for a valid business reason set forth in a contemporaneous record; or

(9) issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance.

(d) In asserting a defense under this section, a putative holder may present evidence of a course of dealing between the putative holder and the apparent owner or of custom and practice.
27A V.S.A. § 117 — VT Code / Title 27A / Chapter 4 / Section 117
§ 4-117. Effect of violations on rights of action
Status: in_force

(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 attorney fees and costs.

(b) Parties to a dispute arising under this title, the declaration, or the bylaws may agree to resolve the dispute by any form of binding or nonbinding alternative dispute resolution, but:

(1) a declarant may agree with the association to do so only after the period of declarant control has expired unless the agreement is made with an independent committee of the executive board elected pursuant to subsection 4-116(d) of this title; and

(2) an agreement to submit to any form of binding alternative dispute resolution must be in a record authenticated by the parties.
27A V.S.A. § 203 — VT Code / Title 27A / Chapter 1 / Section 203
§ 1-203. Exception for small projects and limited expense liability planned communities
Status: in_force

(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 of all units restricted to residential purposes, exclusive of optional user fees and any insurance premiums paid by the association, may not exceed $300.00 as adjusted pursuant to section 1-115 of this title, it is subject only to sections 1-105, 1-106, and 1-107 of this title unless the declaration provides that this entire title is applicable.

(b) The exemption provided in subdivision (a)(2) of this section applies only if:

(1) the declarant reasonably believes in good faith that the maximum stated assessment will be sufficient to pay the expenses of the planned community; and

(2) the declarant provides that the assessment may not be increased above the limitation in subdivision (a)(2) of this section during the period of declarant's control without the consent of all unit owners.
27 V.S.A. § 1591 — VT Code / Title 27 / Chapter 18 / Section 1591
§ 1591. Judicial action to enforce liability
Status: in_force

(a) If a determination under section 1572 of this title becomes final and is not subject to administrative or judicial review, the Administrator may bring an action in the Civil Division of the Washington County Superior Court or in an appropriate court of another state to enforce the determination and secure payment or delivery of past due, unpaid, or undelivered property.

(b) In an action under subsection (a) of this section, if no court in this State has jurisdiction over the defendant, the Administrator may commence an action in any court having jurisdiction over the defendant.
27 V.S.A. § 1104 — VT Code / Title 27 / Chapter 11 / Section 1104
§ 1104. Recording copy of notice
Status: in_force

If the owner of such property does not appear and claim it within 20 days from the date of such notice, the person so finding it shall cause a copy of the notice to be recorded in the office of the clerk of such town.
27A V.S.A. § 116 — VT Code / Title 27A / Chapter 2 / Section 116
§ 2-116. Easement rights
Status: reserved

(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 reserved in the declaration.

(b) Subject to subdivision 3-102(a)(6) and section 3-112 of this title, the unit owners have an easement in the common elements for access to their units.

(c) Subject to the declaration and the rules, the owners have a right to use the common elements that are not limited common elements and all real estate that must become common elements for the purposes for which they were intended.
27 V.S.A. § 1312 — VT Code / Title 27 / Chapter 15 / Section 1312
§ 1312. Contents of deeds of apartments or sites
Status: in_force

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 date of recording of the declaration.

(2) The apartment number of the apartment or site in the declaration and any other data necessary for its proper identification.

(3) Statement of the use for which the apartment or site is intended and restrictions on its use.

(4) The percentage of undivided interest appertaining to the apartment or site in the common areas and facilities.

(5) Any further details that the grantor and grantee may consider desirable to set forth consistent with the declaration and this chapter.

(6) Reference to recorded floor plan or site plan, and recorded lot plan.
27A V.S.A. § 108 — VT Code / Title 27A / Chapter 1 / Section 108
§ 1-108. General principles of law applicable
Status: in_force

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, and eminent domain, supplement the provisions of this title, except to the extent these principles are inconsistent with the title.
27 V.S.A. § 1468 — VT Code / Title 27 / Chapter 18 / Section 1468
§ 1468. When related property presumed abandoned
Status: in_force

At and after the time property is presumed abandoned under this chapter, any other property right or interest accrued or accruing from the property and not previously presumed abandoned is also presumed abandoned.
27A V.S.A. § 115 — VT Code / Title 27A / Chapter 3 / Section 115
§ 3-115. Assessments for common expenses
Status: in_force

(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 least annually by the association.

(b) Except for assessments under subsections (c), (d), and (e) of this section, or as otherwise provided in this title, all common expenses shall be assessed against all the units in accordance with the allocations set forth in the declaration. The association may charge interest on any past due assessment or portion thereof at a rate established by the association, not exceeding the legal rate.

(c) To the extent required by the declaration:

(1) a common expense associated with the maintenance, repair, or replacement of a limited common element shall be assessed against the units to which that limited common element is assigned, equally or in any other proportion the declaration provides;

(2) a common expense benefiting fewer than all of the units or their owners may be assessed exclusively against the units or unit owners benefited; and

(3) the cost of insurance shall be assessed in proportion to risk and the cost of utilities shall be assessed in proportion to usage.

(d) Assessments to pay a judgment against the association may be assessed only against the units in the common interest community at the time the judgment was entered, in proportion to their common expense liabilities.

(e) If damage to a unit or other part of the common interest community, or if any other common expense is caused by the willful misconduct or gross negligence of any unit owner, guest, or invitee of a unit owner, the association may, after notice and hearing, assess that expense exclusively against that owner's unit, even if the association maintains insurance with respect to that damage or common expense.

(f) If common expense liabilities are reallocated, common expense assessments and any installment not yet due shall be recalculated in accordance with the reallocated common expense liabilities.
27 V.S.A. § 1486 — VT Code / Title 27 / Chapter 18 / Section 1486
§ 1486. Traveler's check, money order, or similar instrument
Status: in_force

The Administrator may take custody of sums payable on a traveler's check, money order, or similar instrument presumed abandoned to the extent permissible under 12 U.S.C. §§ 2501 through 2503, as may be amended.
27 V.S.A. § 1106 — VT Code / Title 27 / Chapter 11 / Section 1106
§ 1106. Accounting for proceeds
Status: in_force

The account of the expenses shall be examined and allowed by a district judge of the county, and deposited with such treasurer, at the time of paying the avails of the sale.
27A V.S.A. § 101 — VT Code / Title 27A / Chapter 1 / Section 101
§ 1-101. Short title
Status: in_force

This title shall be known and may be cited as the Vermont Common Interest Ownership Act.
27 V.S.A. § 374 — VT Code / Title 27 / Chapter 5 / Section 374
§ 374. Hearing and certificate
Status: in_force

When it appears from the officer's return that a copy of such summons was delivered to the grantor or lessor, the judge may take evidence of one or more of the subscribing witnesses to the execution of such deed, at the time designated for hearing or at an adjournment thereof. If such execution is proved to the satisfaction of the judge, he or she shall certify the same thereon and in his or her certificate shall note the presence or absence of the grantor or lessor and such certificate shall be equivalent to the acknowledgment of the grantor or lessor.
27A V.S.A. § 206 — VT Code / Title 27A / Chapter 1 / Section 206
§ 1-206. Amendments to governing instruments
Status: in_force

(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 was enacted.

(b) Except as otherwise provided in subsections 2-117(i) and (j) of this title, an amendment to the declaration, bylaws, or plats and plans authorized by this section shall be adopted in conformity with any procedures and requirements for amending the instruments specified in those instruments or, if there are none, in conformity with the amendment procedures of this title. If an amendment grants to any person any rights, powers, or privileges permitted by this title, all correlative obligations, liabilities, and restrictions in this title also apply to that person.
27A V.S.A. § 101 — VT Code / Title 27A / Chapter 3 / Section 101
§ 3-101. Organization of unit owners' association
Status: in_force

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, following termination of the common interest community, of all former unit owners entitled to distributions of proceeds, or their heirs, successors, or assigns. The association must have an executive board. The association shall be organized as a profit or nonprofit corporation, trust, limited liability company, partnership, unincorporated association, or any other form of organization authorized by the law of this State.
27A V.S.A. § 111 — VT Code / Title 27A / Chapter 3 / Section 111
§ 3-111. Tort and contract liability
Status: in_force

(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 declarant's torts in connection with any part of the common interest community that the declarant has the responsibility to maintain.

(b)(1) An action alleging a wrong done by the association, including an action arising out of the condition or use of the common elements, must be brought only against the association and not against any unit owner. If the wrong occurred during any period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner for:

(A) all tort losses not covered by insurance, suffered by the association or that unit owner; and

(B) all costs that the association would not have incurred but for a breach of contract or other wrongful act or omission.

(2) Whenever the declarant is liable to the association under this title, the declarant is also liable for all litigation expenses, including reasonable attorneys' fees, incurred by the association.

(c) Except as provided in section 4-116 of this title with respect to warranty claims, any statute of limitation affecting the association's right of action under this title does not begin to run until the period of declarant control terminates. A unit owner is not precluded from bringing an action contemplated by this section because he or she is a unit owner or a member or officer of the association. Liens resulting from judgments against the association are governed by section 3-114 of this title.
27 V.S.A. § 1337 — VT Code / Title 27 / Chapter 15 / Section 1337
§ 1337. Waiver prohibited
Status: in_force

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 void.
27 V.S.A. § 302 — VT Code / Title 27 / Chapter 5 / Section 302
§ 302. Effect of oral conveyance
Status: in_force

Estates or interests in lands, created or conveyed without an instrument in writing shall have the effect of estates at will only. An estate or interest in lands shall not be assigned, granted, or surrendered unless by operation of law or by a writing signed by the grantor or his or her attorney.
27 V.S.A. § 403 — VT Code / Title 27 / Chapter 5 / Section 403
§ 403. Records when lands lie in unorganized place
Status: in_force

Deeds and conveyances of lands in an unorganized town, gore, or grant shall be recorded by the clerk of the county in which such lands lie in a book to be kept by him or her for that purpose, which shall be a sufficient record thereof.
27 V.S.A. § 901 — VT Code / Title 27 / Chapter 7 / Section 901
§ 901. Taking title to land
Status: in_force

The rector, wardens, and members of the vestrymen of a parish of the Protestant Episcopal Church and their successors in office, elected according to the canons and usages of such church, shall have corporate powers with perpetuity for the purpose of taking and holding real or personal estate to support religious worship or for church sites, buildings, or rectories.
27 V.S.A. § 1517 — VT Code / Title 27 / Chapter 18 / Section 1517
§ 1517. Crediting income or gain to owner's account
Status: in_force

If property other than money is delivered to the Administrator, the owner is entitled to receive from the Administrator income or gain realized or accrued on the property before the property is sold.
27 V.S.A. § 622 — VT Code / Title 27 / Chapter 5 / Section 622
§ 622. Definitions
Status: in_force

For the purposes of this subchapter:

(1) “Document” means information that is:

(A) inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and

(B) eligible to be recorded in the land records maintained by the recorder.

(2) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(3) “Electronic document” means a document that is received by the recorder in an electronic form.

(4) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.

(5) “Person” means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; public corporation; government; governmental subdivision, agency, or instrumentality; or any other legal or commercial entity.

(6) “Recorder” means a town clerk, pursuant to 24 V.S.A. § 1154, or a county clerk, pursuant to subchapter 3 of this chapter, responsible for recording deeds and other instruments or evidences respecting real estate.

(7) “State” means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
27 V.S.A. § 343 — VT Code / Title 27 / Chapter 5 / Section 343
§ 343. Conveyance of wife's real estate
Status: in_force

A husband and wife, by their joint deed, may convey the real estate of the wife as she might do by her separate deed if unmarried.
27 V.S.A. § 1582 — VT Code / Title 27 / Chapter 18 / Section 1582
§ 1582. Review of Administrator's determination
Status: in_force

A putative holder may seek relief from a determination under section 1572 of this title by:

(1) administrative review under section 1583 of this title; or

(2) judicial review under section 1583 of this title.
27A V.S.A. § 106 — VT Code / Title 27A / Chapter 4 / Section 106
§ 4-106. Conversion buildings
Status: in_force

(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 declarant, based on a report by an independent architect or engineer, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the building;

(2) a statement by the declarant of the expected useful life of each item reported in subdivision (1) of this section, or a statement that no representations are made in that regard; and

(3) a list of any outstanding notices of uncured violation of the building code or other municipal regulations and the cost of curing those violations.

(b) This section applies to any buildings containing units that may be occupied for residential use.