27 V.S.A. § 1317 — VT Code / Title 27 / Chapter 15 / Section 1317
§ 1317. Resubmission
Status: in_force

The removal provided for in section 1316 of this title shall in no way bar the subsequent resubmission of the property to the provisions of this chapter.
27 V.S.A. § 1555 — VT Code / Title 27 / Chapter 18 / Section 1555
§ 1555. Allowance of claim for property
Status: in_force

(a) Not later than 30 days after a claim is allowed under subsection 1554(b) of this title, the Administrator shall pay or deliver to the owner the property or pay to the owner the net proceeds of a sale of the property, together with income or gain to which the owner is entitled under section 1517 of this title. On request of the owner, the Administrator may sell or liquidate a security and pay the net proceeds to the owner, even if the security had been held by the Administrator for less than three years or the Administrator has not complied with the notice requirements under section 1532 of this title.

(b) Property held under this chapter by the Administrator is subject to a claim for the payment of an enforceable debt the owner owes in this State for:

(1) child-support arrearages, including child-support collection costs and child-support arrearages that are combined with maintenance;

(2) a civil or criminal fine or penalty, court costs, a surcharge, or restitution imposed by a final order of an administrative agency or a final court judgment; or

(3) state taxes, penalties, and interest that have been determined to be delinquent or as to which notice has been recorded with the appropriate authority.

(c) Before delivery or payment to an owner under subsection (a) of this section of property or payment to the owner of net proceeds of a sale of the property, the Administrator first shall apply the property or net proceeds to a debt under subsection (b) of this section the Administrator determines is owed by the owner. The Administrator shall pay the amount to the appropriate State agency and the State agency notify the owner of the payment.

(d) The Administrator may make periodic inquiries of State agencies in the absence of a claim filed under section 1553 of this title to determine whether an apparent owner included in the unclaimed property records of this State have enforceable debts described in subsection (b) of this section. The Administrator first shall apply the property or net proceeds of a sale of property held by the Administrator to a debt under subsection (b) of this section of an apparent owner that appears in the records of the Administrator and deliver the amount to the appropriate State agency. The Administrator shall notify the apparent owner of the payment.
27 V.S.A. § 1339 — VT Code / Title 27 / Chapter 15 / Section 1339
§ 1339. Violations
Status: in_force

A violation of this subchapter is deemed to be a violation of 9 V.S.A. § 2453, and is subject to all rights, obligations, and penalties provided under 9 V.S.A. chapter 63.
27A V.S.A. § 124 — VT Code / Title 27A / Chapter 2 / Section 124
§ 2-124. Termination following catastrophe
Status: in_force

If substantially all the units in a common interest community have been destroyed or are uninhabitable and the available methods for giving notice under section 3-121 of this title of a meeting of unit owners to consider termination under section 2-118 of this title will not likely result in receipt of the notice, the executive board or any other interested person may commence an action in superior court seeking to terminate the common interest community. During the pendency of the action, the court may issue whatever orders it considers appropriate, including appointment of a receiver. After a hearing, the court may terminate the common interest community or reduce its size and may issue any other order the court considers to be in the best interests of the unit owners and persons holding an interest in the common interest community.
27 V.S.A. § 1584 — VT Code / Title 27 / Chapter 18 / Section 1584
§ 1584. Judicial remedy
Status: in_force

(a) Not later than 90 days after receiving notice of the Administrator's determination under section 1572 of this title, the putative holder may:

(1) file an action against the Administrator in the Civil Division of the Washington County Superior Court challenging the Administrator's determination of liability and seeking a declaration that the determination is unenforceable, in whole or in part; or

(2) pay the amount or deliver the property determined by the Administrator to be paid or delivered to the Administrator and, not later than six months after payment or delivery, file an action against the Administrator in the Civil Division of the Washington County Superior Court for a refund of all or part of the amount paid or return of all or part of the property delivered.

(b) If a putative holder pays or delivers property the Administrator determined must be paid or delivered to the Administrator at any time after the putative holder files an action under subdivision (a)(1) of this section, the court shall continue the action as if it had been filed originally as an action for a refund or return of property under subdivision (a)(2) of this section.

(c) On the final determination of an action filed under subsection (a) of this section, the court may, on application, award to the prevailing party its reasonable attorney's fees, costs, and expenses of litigation.

(d) A putative holder that is the prevailing party in an action under subdivision (a)(2) of this section for refund of money paid to the Administrator is entitled to interest on the amount refunded, at the same rate a holder is required to pay to the Administrator under subsection 1594(a) of this title, from the date paid to the Administrator until the date of the refund.
27 V.S.A. § 1302 — VT Code / Title 27 / Chapter 15 / Section 1302
§ 1302. Definitions
Status: reserved

As used in this chapter, unless the context otherwise requires:

(1) “Apartment” means a part of the property intended for any type of independent use, including commercial uses. An “apartment” is one or more rooms or enclosed spaces located on one or more floors in a building, and with a direct exit to a public street or highway or to a common area leading to a street or highway.

(2) “Apartment owner” means the person owning an apartment in fee simple absolute or any other estate in real property recognized by law and an undivided interest in the fee simple estate or any other estate in real property recognized by law of the common areas and facilities in the percentage specified and established in the declaration.

(3) “Apartment number” or “site number” means the number, letter, or combination thereof, designating the apartment or site in the declaration.

(4) “Association of owners” means all of the apartment or site owners acting as a group in accordance with the bylaws and declaration.

(5) “Building” means a building containing two or more apartments, or two or more buildings containing a total of two or more apartments, and comprising a part of the property.

(6) “Common areas and facilities,” unless otherwise provided in the declaration or lawful amendments thereto, includes:

(A) land on which the building or site is located;

(B) foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, and entrances and exits of the building;

(C) basements, yards, gardens, private roads and streets, parking areas, and storage spaces;

(D) premises for the lodging of janitors or persons in charge of the property;

(E) installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, sewage disposal, and incinerating;

(F) elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use;

(G) such community and commercial facilities as may be provided for in the declaration; and

(H) all other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use.

(7) “Common expenses” include:

(A) all sums lawfully assessed against the apartment or site owners by the association of owners;

(B) expenses of administration, maintenance, repair, or replacement of the common areas and facilities;

(C) expenses agreed upon as common expenses by the association of owners; and

(D) expenses declared common expenses by this chapter, or by the declaration or the bylaws.

(8) “Common profits” means the balance of all income, rents, profits, and revenues from the common areas and facilities remaining after the deduction of the common expenses.

(9) “Declaration” means the instrument by which the property is made subject to this chapter, as herein provided, and as the instrument may be amended from time to time.

(10) “Limited common areas and facilities” means those common areas and facilities designated in the declaration as reserved for use of a certain apartment or apartments or sites to the exclusion of other apartments or sites.

(11) “Majority” or “majority of apartment owners” or “majority of site owners” means the apartment or site owners with more than fifty per cent of the votes in accordance with the percentages assigned in the declaration to the apartments or sites for voting purposes.

(12) “Person” means an individual, corporation, partnership, association, trustee, or other legal entity.

(13) “Property” includes the land, the building or site and all improvements and structures thereon all owned in fee simple absolute or any other estate in real property recognized by law and all easements, rights, and appurtenances thereto, and all articles of personal property intended for use in connection therewith, which have been or are intended to be made subject to this chapter.

(14) “Site” means the spatial location occupied or to be occupied by a mobile home, including all utilities and amenities appurtenant to the location such as piping, wiring, plants, platforms or supports, lights, walls, and other improvements but not including the land on which the site is located.

(15) “Mobile home park” has the meaning given in 10 V.S.A. § 6201.
27 V.S.A. § 1535 — VT Code / Title 27 / Chapter 18 / Section 1535
§ 1535. Military medal or decoration
Status: in_force

(a) The Administrator may not sell a medal or decoration awarded for military service in the U.S. Armed Forces.

(b) The Administrator, with the consent of the respective organization under subdivision (1) of this subsection, agency under subdivision (2) of this subsection, or entity under subdivision (3) of this subsection, may deliver a medal or decoration described in subsection (a) to be held in custody for the owner to:

(1) a military veterans organization qualified under the Internal Revenue Code, as may be amended, 26 U.S.C. § 501(c)(19);

(2) the agency that awarded the medal or decoration; or

(3) a governmental entity.

(c) On delivery under subsection (b) of this section, the Administrator is not responsible for safekeeping the medal or decoration.
27 V.S.A. § 651 — VT Code / Title 27 / Chapter 6 / Section 651
§ 651. Short title
Status: in_force

This chapter shall be known as the “Enhanced Life Estate Deed Act” or the “ELED Act”.
27 V.S.A. § 1603 — VT Code / Title 27 / Chapter 18 / Section 1603
§ 1603. Right of agent of apparent owner to recover property held by Administrator
Status: in_force

(a) An apparent owner that contracts with another person to locate, deliver, recover, or assist in the location, delivery, or recovery of property of the apparent owner that is held by the Administrator may designate the person as the agent of the apparent owner. The designation must be in a record signed by the apparent owner.

(b) The Administrator shall give the agent of the apparent owner all information concerning the property that the apparent owner is entitled to receive, including information that otherwise is confidential information under section 1612 of this title.
27A V.S.A. § 115 — VT Code / Title 27A / Chapter 1 / Section 115
§ 1-115. Adjustment of dollar amounts
Status: in_force

(a) From time to time, the dollar amounts specified in section 1-203 of this title shall change as provided in subsections (b) and (c) of this section according to and to the extent of changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers: U.S. City Average, All Items 1967 = 100, compiled by the Bureau of Labor Statistics, U.S. Department of Labor (the “Index”). The Index for December 1990, which was 401, is the Reference Base Index.

(b) The dollar amount specified in section 1-203 of this title and any amount stated in the declaration pursuant to that section shall change annually on July 1 if the percentage of change, calculated to the nearest whole percentage point, between the Index at the end of the preceding year and the Reference Base Index is 10 percent or more, but:

(1) the portion of the percentage change in the Index in excess of a multiple of 10 percent shall be disregarded and the dollar amounts shall change only in multiples of 10 percent of the amounts appearing in this title on January 1, 1999;

(2) the dollar amounts shall not change if the amounts required by this section are those currently in effect pursuant to this title as a result of earlier application of this section; and

(3) in no event shall the dollar amounts be reduced below the amounts appearing in this title on the date of enactment.

(c) If the Index is revised after December 1979, the percentage of change pursuant to this section shall be calculated on the basis of the revised Index. If the revision of the Index changes the Reference Base Index, a revised Reference Base Index shall be determined by multiplying the Reference Base Index then applicable by the rebasing factor furnished by the Bureau of Labor Statistics. If the Index is superseded, the Index referred to in this section is the one represented by the Bureau of Labor Statistics as reflecting most accurately changes in the purchasing power of the dollar for consumers.
27A V.S.A. § 124 — VT Code / Title 27A / Chapter 3 / Section 124
§ 3-124. Litigation involving declarant
Status: in_force

(a) The following requirements apply to an association's authority under subdivision 3-102 (a)(4) of this title to institute and maintain a proceeding alleging a construction defect with respect to the common interest community, whether by litigation, mediation, arbitration, or administratively, against a declarant or an employee, independent contractor, or other person directly or indirectly providing labor or materials to a declarant:

(1) Subject to subsection (e) of this section, before the association institutes a proceeding described in this section, it shall provide notice in a record of its claims to the declarant and those persons that the association seeks to hold liable for the claimed defects. The text of the notice may be in any form reasonably calculated to give notice of the general nature of the association's claims, including a list of the claimed defects. The notice may be delivered by any method of service and may be addressed to any person if the method of service used:

(A) provides actual notice to the person named in the claim; or

(B) would be sufficient to give notice to the person in connection with commencement of an action by the association against the person.

(2) Subject to subsection (e) of this section, the association may not institute a proceeding against a person until 45 days after the association sends notice of its claim to that person.

(3) During the period described in subdivision (2) of this subsection, the declarant and any other person to which the association gave notice may present to the association a plan to repair or otherwise remedy the construction defects described in the notice. If the association does not receive a timely remediation plan from a person to which it gave notice, or if the association does not accept the terms of any plan submitted, the association may institute a proceeding against the person.

(4) If the association receives one or more timely remediation plans, the executive board shall consider promptly those plans and notify the persons to which it directed notice whether the plan is acceptable as presented, acceptable with stated conditions, or not accepted.

(5) If the association accepts a remediation plan from a person the association seeks to hold liable for the claimed defect, or if a person agrees to stated conditions to an otherwise acceptable plan, the parties shall agree on a period for implementation of the plan. The association may not institute a proceeding against the person during the time the plan is being diligently implemented.

(6) Except as otherwise provided in subsection 4-116(d) of this title for warranty claims, any statute of limitation affecting the association's right of action against a declarant or other person is tolled during the period described in subdivision (2) of this section and during any extension of that time because a person to which notice was directed has commenced and is diligently pursuing the remediation plan.

(b) After the time described in subdivision (a)(2) of this section expires, whether or not the association agrees to any remediation plan, a proceeding may be instituted by:

(1) the association against a person to which notice was directed that fails to submit a timely remediation plan, the plan of which is not acceptable, or that fails to pursue diligent implementation of that plan; or

(2) a unit owner with respect to the owner's unit and any limited common elements assigned to that unit, regardless of any action of the association.

(c) This section does not preclude the association from making repairs necessary to mitigate damages or to correct any defect that poses a significant and immediate health or safety risk.

(d) Subject to the other provisions of this section, the determination of whether and when the association may institute a proceeding described in this section may be made by the executive board. The declaration may not require a vote by any number or percent of unit owners as a condition to institution of a proceeding.

(e) This section does not prevent an association from seeking equitable relief at any time without complying with subdivision (a)(1) or (2) of this section.
27 V.S.A. § 349 — VT Code / Title 27 / Chapter 5 / Section 349
§ 349. Conveyance to grantor and others
Status: in_force

(a)(1) Without an intervening conveyance, a person may convey interests in real estate directly:

(A) to themselves in a different legal capacity;

(B) to the person's spouse; or

(C) to themselves and one or more other persons, including the person's spouse.

(2) A person shall not convey an interest in a tenancy by the entirety or in homestead property to any person except the person's spouse, unless the spouse joins in the conveyance.

(b) A conveyance made pursuant to this section shall be effective to convey such title as would be conveyed by the deed if the grantor were not also a grantee.
27 V.S.A. § 1567 — VT Code / Title 27 / Chapter 18 / Section 1567
§ 1567. Report to person whose records were examined
Status: in_force

(a) At the conclusion of an examination under section 1002 of this title, the Administrator shall provide to the person whose records were examined a complete and unredacted examination report that specifies:

(1) the work performed;

(2) the property types reviewed;

(3) the methodology of any estimation technique, extrapolation, or statistical sampling used in conducting the examination;

(4) each calculation showing the value of property determined to be due; and

(5) the findings of the person conducting the examination.

(b) If an examination of the records of a person results in the disclosure of property reportable under this chapter, the Administrator may assess the cost of the examination against the holder at the rate of $200.00 per day for each examiner, or a greater amount that is reasonable and was incurred, but the assessment may not exceed the value of the property found to be reportable.
27 V.S.A. § 461 — VT Code / Title 27 / Chapter 5 / Section 461
§ 461. By entry on record
Status: in_force

Mortgages may be discharged by an entry on the margin of the record thereof in the record of deeds, acknowledging satisfaction of the mortgage, signed by the mortgagee or by his or her executor, administrator, assignee, attorney at law, or attorney acting under a duly executed and recorded power of attorney, such signature to be witnessed by the town clerk or assistant town clerk having custody of such record. Such entry shall have the same effect as a deed of release acknowledged and recorded.
27 V.S.A. § 864 — VT Code / Title 27 / Chapter 7 / Section 864
§ 864. Property of extinct circuits or stations
Status: in_force

All property of any kind belonging to or held in trust by any circuit or station of the United Methodist Church within the bounds of the Troy Annual Conference of the United Methodist church in the State of Vermont which by order of the Superior Court may be declared extinct or dissolved, shall be transferred to and the title and possession vested in the Troy Annual Conference of the United Methodist Church, a corporation, under the following circumstances:

(1) when such circuit or station has become or shall become extinct by the death or removal of all its members or otherwise; or

(2) when the circuit or station has ceased or failed to maintain religious worship or services or to use its property for religious worship or services for the space of five years immediately prior thereto; or

(3) when the membership of such circuit or station has so diminished in numbers or financial strength as to render it impossible or impracticable to maintain religious worship or services or to protect its property from exposure and waste or to fulfill the purpose for which such property was held.
27 V.S.A. § 341 — VT Code / Title 27 / Chapter 5 / Section 341
§ 341. Requirements generally; recording
Status: in_force

(a) Deeds and other conveyances of lands, or of an estate or interest in land, shall be signed by the party granting the same and acknowledged by the grantor before a notary public and recorded at length in the clerk's office of the town in which the lands lie. The acknowledgment before a notary public shall be valid without an official stamp being affixed to the notary's signature.

(b)(1) A deed or other conveyance of land that includes a reference to a survey prepared or revised after July 1, 1988 may be recorded only if it is accompanied by the survey to which it refers, or cites the volume and page in the land records showing where the survey has previously been recorded.

(2) If the conveyance of land results in the subdivision of a parcel or a change in the boundaries of a parcel after January 1, 2020, the deed shall:

(A) be accompanied by a survey plat that depicts the new parcel boundaries; or

(B) cite the volume and page in the land records that indicates where the new parcel boundaries have previously been recorded.

(3) The failure to comply with this subsection shall not:

(A) void or invalidate the deed or other instruments recorded; or

(B) render the title to the property depicted in the survey plat unmarketable.

(c) A lease of real property that has a term of more than one year from the making of the lease need not be recorded at length if a notice or memorandum of lease, which is executed and acknowledged as provided in subsection (a) of this section, is recorded in the land records of the town in which the leased property is situated. The notice of lease shall contain at least the following information:

(1) the names of the parties to the lease as set forth in the lease;

(2) a statement of the rights of a party to extend or renew the lease;

(3) any addresses set forth in the lease as those of the parties;

(4) the date of the execution of the lease;

(5) the term of the lease, the date of commencement, and the date of termination;

(6) a description of the real property as set forth in the lease;

(7) a statement of the rights of a party to purchase the real property or exercise a right of first refusal with respect thereto;

(8) a statement of any restrictions on assignment of the lease; and

(9) the location of an original lease.

(d)(1) A deed or other instrument may be recorded in the land records pursuant to this section for the purposes provided in this chapter and shall be deemed to impart notice of its contents if it is signed and acknowledged in accordance with the procedures specified in the Emergency Administrative Rules for Remote Notarial Acts adopted by the Vermont Secretary of State (the Emergency Rules) during the period that the Emergency Rules are in effect.

(2) A deed or other instrument executed in compliance with the Emergency Rules shall be presumed to be valid if the notarial certificate attached to the deed or other instrument contains an affirmative statement of compliance with the Emergency Rules.
27 V.S.A. § 1157 — VT Code / Title 27 / Chapter 12 / Section 1157
§ 1157. Exemptions
Status: in_force

This chapter shall not apply to either of the following:

(1) Any property that changed hands by theft, seizure, confiscation, forced sale, or other involuntary means in Europe between 1933 and 1945.

(2) Any property reported as stolen in writing to a law enforcement officer, insurer, or The Art Loss Register, or any successor organization having similar purposes, notwithstanding any notice provided pursuant to section 1155 of this title.
27A V.S.A. § 110 — VT Code / Title 27A / Chapter 3 / Section 110
§ 3-110. Voting; proxies; ballots
Status: in_force

(a) Unless prohibited or limited by the declaration or bylaws, unit owners may vote at a meeting in person, by absentee ballot pursuant to subdivision (b)(4) of this section, by a proxy pursuant to subsection (c) of this section or, when a vote is conducted without a meeting, by electronic or paper ballot pursuant to subsection (d) of this section.

(b) At a meeting of unit owners, the following requirements apply:

(1) Unit owners who are present in person may vote by voice vote, show of hands, standing, or any other method for determining the votes of unit owners, as designated by the person presiding at the meeting.

(2) If only one of multiple owners of a unit is present, that owner is entitled to cast all the votes allocated to that unit. If more than one of the owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the owners, unless the declaration expressly provides otherwise. There is majority agreement if any one of the owners casts the votes allocated to the unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.

(3) Unless a greater number or fraction of the votes in the association is required by this chapter or the declaration, a majority of the votes cast determines the outcome of any action of the association.

(4) Subject to subsection (a) of this section, a unit owner may vote by absentee ballot without being present at the meeting. The association promptly shall deliver an absentee ballot to an owner that requests it if the request is made at least three days before the scheduled meeting. Votes cast by absentee ballot must be included in the tally of a vote taken at that meeting.

(5) When a unit owner votes by absentee ballot, the association must be able to verify that the ballot is cast by the unit owner having the right to do so.

(c) Except as otherwise provided in the declaration or bylaws, the following requirements apply with respect to proxy voting:

(1) Votes allocated to a unit may be cast pursuant to a directed or undirected proxy duly executed by a unit owner.

(2) If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy.

(3) A unit owner may revoke a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the association.

(4) A proxy is void if it is not dated or purports to be revocable without notice.

(5) A proxy is valid only for the meeting at which it is cast and any recessed session of that meeting.

(6) A person may not cast undirected proxies representing more than 15 percent of the votes in the association.

(d) Unless prohibited or limited by the declaration or bylaws, an association may conduct a vote without a meeting. In that event, the following requirements apply:

(1) The association shall notify the unit owners that the vote will be taken by ballot.

(2) The association shall deliver a paper or electronic ballot to every unit owner entitled to vote on the matter.

(3) The ballot must set forth each proposed action and provide an opportunity to vote for or against the action.

(4) When the association delivers the ballots, it shall also:

(A) indicate the number of responses needed to meet the quorum requirements;

(B) state the percent of votes necessary to approve each matter other than election of directors;

(C) specify the time and date by which a ballot must be delivered to the association to be counted, which time and date may not be fewer than three days after the date the association delivers the ballot; and

(D) describe the time, date, and manner by which a unit owner wishing to deliver information to all unit owners regarding the subject of the vote may do so.

(5) Except as otherwise provided in the declaration or bylaws, a ballot is not revoked after delivery to the association by death or disability or attempted revocation by the person that cast that vote.

(6) Approval by ballot pursuant to this subsection is valid only if the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action.

(e) If the declaration requires that votes on specified matters affecting the common interest community be cast by lessees rather than unit owners of leased units:

(1) this section applies to lessees as if they were unit owners;

(2) unit owners that have leased their units to other persons may not cast votes on those specified matters; and

(3) lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were unit owners.

(f) Unit owners must also be given notice of all meetings at which lessees are entitled to vote.

(g) Votes allocated to a unit owned by the association shall be cast in any vote of the unit owners in the same proportion as the votes cast on the matter by unit owners other than the association.
27 V.S.A. § 865 — VT Code / Title 27 / Chapter 7 / Section 865
§ 865. Complaint to dissolve circuit or station
Status: in_force

The trustees of the Troy Annual Conference of the United Methodist Church or any member of the board of trustees, when duly authorized by a vote of the board, may apply by complaint to the Superior Court within the county where the circuit or station is located for the relief prayed for in section 864 of this title. Upon the filing of the complaint, a hearing shall be had upon such notice as shall be ordered by the court. If upon hearing it shall be found by the court that the case is brought within the provisions of section 864 and that the transfer of property prayed for ought, in equity and good conscience, to be made, the court shall make a decree in the premises that the circuit or station in question is dissolved or extinct and transfer the property described in the complaint to the Troy Annual Conference of the United Methodist Church to be held and used according to the discipline of the church and the provisions of its charter.
27 V.S.A. § 1309 — VT Code / Title 27 / Chapter 15 / Section 1309
§ 1309. Liens against apartments or sites; removal from lien; effect of part payment
Status: in_force

(a) After recording the declaration as provided in this chapter, and while the property remains subject to this chapter, no lien may thereafter arise or be effective against the property. During that period, liens or encumbrances shall arise or be created only against each apartment or site and the percentage of undivided interest in the common areas and facilities, appurtenant to that apartment or site, in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership. Labor performed or materials furnished with the consent or at the request of an apartment or site owner or the owner's agent or the owner's contractor or subcontractor shall not be a basis for filing a mechanic's lien against the apartment or site or any other property of any other apartment or site owner not expressly consenting to or requesting the work, except that the express consent shall be deemed to be given to the owner of any apartment or site in the case of emergency repairs. Labor performed and materials furnished for the common areas and facilities, if duly authorized by the association of owners, the manager, or board of directors, in accordance with this chapter, the declaration, or bylaws, shall constitute a basis for filing a mechanic's lien against each of the apartments or sites and shall be subject to the provisions of subsection (b) of this section.

(b) If a lien against two or more apartments or sites becomes effective, the owners of the separate apartment or site may remove their apartment or site and the percentage of undivided interest in the common areas and facilities appurtenant to that apartment or site from the lien by payment of the fractional or proportional amounts attributable to each of the apartments or sites affected. The individual payment shall be computed by reference to the percentages appearing on the declaration. After any payment, discharge, or other satisfaction the apartment or site and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be free and clear of the lien so paid, satisfied, or discharged. That partial payment, satisfaction, or discharge shall not prevent the lien holder from proceeding to enforce the lien holder's rights against the rest of the undischarged property.
27 V.S.A. § 623 — VT Code / Title 27 / Chapter 5 / Section 623
§ 623. Validity of electronic documents
Status: in_force

(a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this subchapter.

(b) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.

(c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
27A V.S.A. § 112 — VT Code / Title 27A / Chapter 3 / Section 112
§ 3-112. Conveyance or encumbrance of common elements
Status: in_force

(a) Portions of the common elements may be conveyed or subject to a security interest by the association, if persons entitled to cast at least 80 percent of the votes in the association, including 80 percent of the votes allocated to units not owned by a declarant, or any larger percentage specified in the declaration, agree to that action; but all owners of units to which any limited common element is allocated must agree in order to convey that limited common element or be subjected to a security interest. The declaration may specify a smaller percentage only if all the units are restricted exclusively to nonresidential uses. Proceeds of the sale are an asset of the association; but the proceeds of the sale of limited common elements shall be distributed equitably among the owners of units to which the limited common elements were allocated.

(b) An agreement to convey common elements or subject them to a security interest shall be evidenced by an agreement executed or ratified in the same manner as a deed by the requisite number of unit owners. The agreement shall specify a date after which the agreement will be void unless recorded. The agreement and all ratifications shall be recorded in every town in which a portion of the common interest community is situated and is effective only upon recordation.

(c) The association, on behalf of the unit owners, may contract to convey an interest in a common interest community pursuant to subsection (a) of this section, but the contract is not enforceable against the association until approved pursuant to subsections (a) and (b) of this section. Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments.

(d) Unless made pursuant to this section, any purported conveyance or encumbrance, judicial sale or other voluntary transfer of common elements is void.

(e) Unless the declaration otherwise provides, if the holders of first security interests on 80 percent of the units that are subject to security interests on the day the unit owners' agreement under subsection (c) of this section is recorded consent in writing:

(1) a conveyance of common elements pursuant to this section terminates both the undivided interests in those common elements allocated to the units and the security interests in those undivided interests held by all persons holding security interests in the units; and

(2) an encumbrance of common elements pursuant to this section has priority over all preexisting encumbrances on the undivided interests in those common elements held by all persons holding security interests in the units.

(f) The consents by holders of first security interests on units described in subsection (e) of this section, or a certificate of the secretary affirming that those consents have been received by the association, may be recorded at any time before the date on which the agreement under subsection (c) of this title becomes void. Consents or certificates so recorded are valid from the date they are recorded for purposes of calculating the percentage of consenting first security interest holders, regardless of later sales or encumbrances on those units. Even if the required percentage of first security interest holders so consents, a conveyance or encumbrance of common elements does not affect interests having priority over the declaration, or created by the association after the declaration was recorded.
27 V.S.A. § 410 — VT Code / Title 27 / Chapter 5 / Section 410
§ 410. Lien priorities
Status: in_force

(a) Definitions. For purposes of this section, the following definitions shall apply:

(1) “Debtor” means a person who owes payment or other performance of an obligation secured, but if the debtor and the owner of real estate are not the same person, the term means the owner of real estate in any provision of this section dealing with collateral.

(2) “Future advances” means funds advanced to a debtor, or other obligations incurred on behalf of a debtor, by a mortgagee after the debtor executes a mortgage.

(3) “Future advances made to protect collateral” means future advances made or incurred:

(A) for the reasonable protection of the mortgagee's interest in the collateral, such as payment of real property taxes, hazard insurance premiums, or maintenance charges imposed under a common interest community declaration or other restrictive covenant; or

(B) under a mortgage, created to enable completion of a contemplated improvement, that secures an obligation that the debtor incurred at the time of execution of the mortgage for the purpose of making an improvement of the real estate in which the mortgage interest is given.

(4) A future advance is made “pursuant to commitment” if the mortgagee is bound at the time the mortgage is created to make it, whether or not a default or other event not within its control has relieved or may relieve it from its obligation. A future advance made “pursuant to commitment” shall also include advances and readvances made pursuant to an agreement whereby the debtor is entitled to borrow and reborrow sums advanced under it.

(b) Lien priorities; future advances.

(1) An obligation secured by a mortgage may include future advances, whether or not future advances are made pursuant to commitment.

(2) A future advance made to protect collateral is secured by a mortgage even though the mortgage does not provide for future advances.

(3) Except as expressly set forth in 9 V.S.A. chapter 51, subchapter 1, a future advance made under a recorded mortgage takes priority as of the date of the recording:

(A) if made pursuant to commitment, to the extent of the outstanding future advances that do not exceed the maximum amount stated in the mortgage; or

(B) if not made pursuant to commitment, to the extent of future advances that are outstanding before the mortgagee receives written notice of the intervening interest.

(4) A future advance made to protect collateral takes priority as of the date a mortgage is recorded, even though the mortgagee has received written notice of an intervening interest at the time the future advance is made.

(c) If a mortgaged property includes a homestead within the meaning of chapter 3 of this title, any future advance made pursuant to commitment shall not require spousal consent pursuant to section 141 of this title, provided that such written spousal consent to the mortgage was previously obtained or was not required at the time of the making of the mortgage.

(d) In the case of conflict between this section and any other provision of law, except for the provisions of Title 9A, this section shall control.
27 V.S.A. § 1583 — VT Code / Title 27 / Chapter 18 / Section 1583
§ 1583. Administrative review
Status: in_force

(a) Not later than 90 days after receiving notice of the Administrator's determination under section 1572 of this title, a putative holder may initiate a proceeding under 3 V.S.A. chapter 25, subchapter 2 for review of the Administrator's determination.

(b) A final decision in an administrative proceeding initiated under subsection (a) 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. § 941 — VT Code / Title 27 / Chapter 7 / Section 941
§ 941. Transfer of property of extinct churches
Status: in_force

All property of any kind belonging to or held in trust for any Universalist church and society or Universalist society, hereafter referred to as the Universalist church in this subchapter, organized under the laws of this state, which has become or shall become extinct by death of all its members or otherwise, and which has been or shall be at any time affiliated with the Universalist Convention of Vermont and the Province of Quebec, a religious corporation incorporated under No. 224 of the Acts of 1888, as amended by No. 398 of the Acts of 1912, and engaged in religious missionary work and in fostering weak Universalist churches in this state, or connected with any Universalist church affiliated with The Vermont and Quebec Universalist Unitarian Convention, shall vest in and become the property of The Vermont and Quebec Universalist Unitarian Convention.
27 V.S.A. § 625 — VT Code / Title 27 / Chapter 5 / Section 625
§ 625. Standards and best practices
Status: in_force

To ensure consistency in the standards and best practices of, and the technologies used by, recorders in this State, all recordings of deeds and other instruments or evidences respecting real estate, regardless of format, shall comply with standards and best practices issued by the Vermont State Archives and Records Administration pursuant to 3 V.S.A. § 117. Recorders shall seek services from the Vermont State Archives and Records Administration to comply with the standards and best practices issued in accordance with this subchapter. No provisions of this subchapter shall be implemented unless a recorder has complied with the standards and best practices issued by the Vermont State Archives and Records Administration in accordance with this subchapter.
27 V.S.A. § 468 — VT Code / Title 27 / Chapter 5 / Section 468
§ 468. Manner of Discharge by Trustee or Administrator
Status: in_force

The mortgage may be discharged by the administrator or trustee in the manner provided by law for the discharge of a mortgage by a mortgagee. The discharge shall have the same effect as though made by the mortgagee or assignee when living. An administrator or trustee appointed for such purpose shall have no authority relative to the estate of which the administrator or trustee is appointed, other than as provided in this section. The judge, in the judge's discretion, may require the administrator or trustee to give bonds as in the judge's opinion the circumstances of the case require.
27 V.S.A. § 1351 — VT Code / Title 27 / Chapter 15 / Section 1351
§ 1351. Definitions
Status: in_force

As used in this subchapter:

(1) “Association” means all of the site owners acting as a group in accordance with the bylaws and declaration.

(2) “Convert,” “conversion,” or “converted” means a change in character of a mobile home park from a rental to a common interest ownership basis. A condominium or similar arrangement shall be deemed to be such a change in character of ownership. However, “conversion” does not include the creation of a cooperative housing corporation, pursuant to 11 V.S.A. chapter 14.

(3) “Dealer” means a person in the business of selling sites for his or her own account.

(4) “Declarant” means any person who offers for transfer the ownership interest in a mobile home park to a condominium or similar arrangement.

(5) “Commissioner” means the commissioner of the department of housing and community affairs.

(6) “Election period” means the six-month period that begins with the declarant's submission of notice of intent to convert a mobile home park under section 1353 of this subchapter.

(7) “Leaseholder” means a person who has a leasehold interest derived from the declarant or any site purchaser in a site in a mobile home park to be converted pursuant to this subchapter.

(8) “Mobile home park” means a mobile home park as defined under 10 V.S.A. § 6201(2).

(9) “Nonpurchasing leaseholder” means a leaseholder who has elected not to purchase a site in a mobile home park to be converted pursuant to this subchapter.

(10) “Purchasing leaseholder” means a leaseholder who has elected to purchase a site in a mobile home park to be converted pursuant to this subchapter.

(11) “Site” means the spatial location occupied or to be occupied by a mobile home, including all utilities and amenities appurtenant to the location such as piping, wiring, plants, platforms or supports, lights, walls, and all other improvements but not including the land on which the site is located.

(12) “Site purchaser” means the purchaser of a site from a declarant under this subchapter. A site purchaser may be a purchasing leaseholder or other purchaser of the site.

(13) “Tenant” means a person who has a present possessory interest derived from the leaseholder in a site in a mobile home park to be converted pursuant to this subchapter; any person who leases a mobile home located on the site from the declarant shall be considered a tenant.
27A V.S.A. § 117 — VT Code / Title 27A / Chapter 3 / Section 117
§ 3-117. Other liens
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, a judgment for money against the association pursuant to 12 V.S.A. § 4531a, if recorded, is not a lien on the common elements, but is a lien in favor of the judgment lienholder against all of the other real estate of the association and all of the units in the common interest community at the time the judgment was entered. No other property of a unit owner is subject to the claims of creditors of the association.

(b) If the association has granted a security interest in the common elements to a creditor of the association pursuant to section 3-108 of this title, the holder of that security interest shall exercise its right against the common elements before its judgment lien on any unit may be enforced.

(c) Whether perfected before or after the creation of the common interest community, if a lien, other than a deed of trust or mortgage, becomes effective against two or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to that unit, and the lienholder, upon receipt of payment, shall promptly deliver a release of the lien covering that unit. The amount of payment shall be proportional to the ratio of that unit owner's common expense liability to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association shall not have a lien or assessment against that unit owner's unit for any portion of the common expenses incurred in connection with that lien.

(d) A judgment against the association shall be indexed in the name of the common interest community and the association and after it is indexed is notice of the lien against the units.
27 V.S.A. § 1101 — VT Code / Title 27 / Chapter 11 / Section 1101
§ 1101. Finder to give notice
Status: in_force

A person who finds money or goods, to the value of $3.00 or more, or takes up a stray beast, the owner of which is not known, shall, within six days thereafter, make two notices, describing such money, goods, or beast, with the natural or artificial marks, with the time and place of finding or taking up the same, and post them in two public places in the town in which such property was found.
27A V.S.A. § 121 — VT Code / Title 27A / Chapter 3 / Section 121
§ 3-121. Notice to unit owners
Status: in_force

(a) An association shall deliver any notice required to be given by the association under this title to any mailing or electronic mail address a unit owner designates. Otherwise, the association may deliver notices by:

(1) hand delivery to each unit owner;

(2) hand delivery, U.S. mail postage paid, or commercially reasonable delivery service to the mailing address of each unit;

(3) electronic means, if the unit owner has given the association an electronic address; or

(4) any other method reasonably calculated to provide notice to the unit owner.

(b) The ineffectiveness of a good faith effort to deliver notice by an authorized means does not invalidate action taken at or without a meeting.
27 V.S.A. § 1338 — VT Code / Title 27 / Chapter 15 / Section 1338
§ 1338. Circumvention of this subchapter
Status: in_force

A declarant shall not attempt to circumvent the provisions of this subchapter; nor shall any person willfully cause a tenant to vacate a dwelling unit or to be evicted from the unit without good cause in contemplation of conversion before the issuance of the notice prescribed in section 1333 of this title.
27A V.S.A. § 121 — VT Code / Title 27A / Chapter 2 / Section 121
§ 2-121. Merger or consolidation of common interest communities
Status: in_force

(a) Any two or more common interest communities with the same form of ownership, by agreement of the unit owners as provided in subsection (b) of this section, may be merged or consolidated into a single common interest community by agreement of the unit owners. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant common interest community is the successor, for all purposes, of all the preexisting common interest communities, and the operations and activities of all associations of the preexisting common interest communities are merged or consolidated into a single association that holds the powers, rights, obligations, assets, and liabilities of the preexisting associations.

(b) An agreement of two or more common interest communities to merge or consolidate pursuant to subsection (a) of this section shall be evidenced by an agreement prepared, executed, recorded, and certified by the president of the association of each of the preexisting common interest communities following approval by owners of units to which are allocated the percentage of votes in each common interest community required to terminate that common interest community. The agreement shall not be effective until it is recorded in all municipalities in which the common interest community is located.

(c) Every merger or consolidation agreement shall provide for the reallocation of the allocated interests in the new association among the units of the resultant common interest community either:

(1) by stating the reallocations or the formulas upon which they are based; or

(2) by stating the percentage of overall allocated interests of the new common interest community that are allocated to all of the units comprising each of the preexisting common interest communities and providing that the portion of the percentages allocated to each unit formerly comprising a part of a preexisting common interest community must be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting common interest community.
27 V.S.A. § 371 — VT Code / Title 27 / Chapter 5 / Section 371
§ 371. Proving execution when grantor dies or leaves State
Status: in_force

When a grantor or lessor dies or leaves the State without acknowledging the grantor's or lessor's deed, the execution of the deed may be proved by the testimony of a subscribing witness before a Justice of the Supreme Court or a Superior Judge. If all the subscribing witnesses to the deed are dead or out of the State, the execution of the deed may be proved before the Supreme or Superior Court by proving the handwriting of the grantor or lessor and of a subscribing witness or adducing other evidence to the satisfaction of the court. Such evidence entered on the deed or annexed thereto shall be equivalent to the grantor's or lessor's acknowledgment of the deed.
27A V.S.A. § 118 — VT Code / Title 27A / Chapter 2 / Section 118
§ 2-118. Termination of common interest community
Status: in_force

(a) Except in the case of a taking of all the units by eminent domain or in the circumstances described in section 2-124 of this title, a common interest community may be terminated only by agreement of unit owners of units to which at least 80 percent of the votes in the association is allocated or any larger percentage the declaration specifies, and with any other approvals required by the declaration. The declaration may specify a smaller percentage only if all the units are restricted exclusively to nonresidential uses.

(b) An agreement to terminate shall be executed or ratified in the same manner as a deed by the requisite number of unit owners. The termination agreement shall specify a date after which the agreement is void unless it is recorded. A termination agreement and all ratifications of it shall be recorded in each town in which a portion of the common interest community is situated.

(c) In the case of a common interest community containing only units having horizontal boundaries described in the declaration, a termination agreement may provide that all the common elements and units of the common interest community shall be sold following termination. If, pursuant to the agreement, any real estate in the common interest community is to be sold following termination, the termination agreement shall set forth the minimum terms of the sale.

(d) In the case of a common interest community containing any units not having horizontal boundaries described in the declaration, a termination agreement may provide for sale of the common elements, but may not require that the units be sold following termination, unless the declaration as originally recorded provided otherwise or unless all the unit owners consent to the sale.

(e) The association on behalf of the unit owners may contract for the sale of real estate in a common interest community, but the contract is not binding on the unit owners until approved pursuant to subsections (a) and (b) of this section. If any real estate is to be sold following termination, title to that real estate upon termination vests in the association as trustee for the holders of all interests in the units. Thereafter, the association has all powers necessary and appropriate to effect the sale. Until the sale has been concluded and the proceeds distributed, the association continues in existence with all powers it had before termination. Proceeds of the sale shall be distributed to unit owners and lienholders as their interests appear, in accordance with subsections (h), (i), and (j) of this section. Unless otherwise specified in the termination agreement, while the association holds title to the real estate, each unit owner and the unit owner's successors in interest have an exclusive right to occupy the portion of the real estate that formerly constituted his or her unit. During the period of that occupancy, each unit owner and the unit owner's successors in interest remain liable for all assessments and other obligations imposed on unit owners by this title or the declaration.

(f) If the real estate constituting the common interest community is not to be sold following termination, title to the common elements and, in a common interest community containing only units having horizontal boundaries described in the declaration, title to all the real estate in the common interest community vests in the unit owners upon termination as tenants in common in proportion to their respective interests as provided in subsection (j) of this section and liens on the units shift accordingly. While the tenancy in common exists, each unit owner and the unit owner's successors in interest have an exclusive right to occupy the portion of the real estate that formerly constituted his or her unit.

(g) Following termination of the common interest community, the proceeds from the sale of real estate and assets of the association are held by the association as trustee for unit owners and holders of liens on the units as their interests may appear.

(h) Following termination of the common interest community, creditors of the association holding liens on the units that were recorded pursuant to 12 V.S.A. § 2904 before termination may enforce those liens in the same manner as any lienholder. All other creditors of the association shall be treated as if they had perfected liens on the units immediately before termination.

(i) The respective interests of unit owners referred to in subsections (e), (f), (g), and (h) of this section are as follows:

(1) Except as otherwise provided in subdivision (2) of this subsection, the respective interests of unit owners are the fair market values of their units, allocated interests, and any limited common elements immediately before the termination as determined by one or more independent appraisers selected by the association. The independent appraisals shall be distributed to the unit owners and become final unless the unit owners to whom 25 percent or more of the votes in the association are allocated disapprove the appraisal. A unit owner's interest is determined by dividing the fair market value of that unit owner's unit and its allocated interests by the total fair market value of all the units and their allocated interests.

(2) If any unit or any limited common element is destroyed to the extent that an appraisal of its fair market value before destruction cannot be made, the interests of all unit owners are:

(A) in a condominium, their respective common element interests immediately before the termination;

(B) in a planned community, their respective common expense liabilities immediately before the termination.

(j) Except as provided in subdivision (i)(1) of this section, foreclosure or enforcement of a lien or encumbrance against the entire common interest community does not terminate the common interest community, and foreclosure or enforcement of a lien or encumbrance against a portion of the common interest community, other than withdrawable real estate, does not withdraw that portion from the common interest community. Foreclosure or enforcement of a lien or encumbrance against withdrawable real estate does not, of itself, withdraw that real estate from the common interest community, but the person taking title to it has the right to request from the association an amendment excluding the real estate from the common interest community.

(k) If a lien or encumbrance against a portion of the real estate comprising the common interest community has priority over the declaration and the lien or encumbrance has not been partially released, the parties foreclosing the lien or encumbrance may, upon foreclosure, record an instrument excluding the real estate subject to that lien or encumbrance from the common interest community.
27 V.S.A. § 1363 — VT Code / Title 27 / Chapter 15 / Section 1363
§ 1363. Circumvention of this subchapter
Status: in_force

A declarant shall not attempt to circumvent the provisions of this subchapter; nor shall any person willfully cause a tenant or leaseholder to vacate a dwelling unit or to be evicted from the site without good cause before issuance of the notice prescribed in section 1353 of this title.
27 V.S.A. § 1481 — VT Code / Title 27 / Chapter 18 / Section 1481
§ 1481. Address of apparent owner to establish priority
Status: in_force

In this subchapter, the following rules apply:

(1) The last-known address of an apparent owner is any description, code, or other indication of the location of the apparent owner that identifies the state, even if the description, code, or indication of location is not sufficient to direct the delivery of first-class U.S. mail to the apparent owner.

(2) If the U.S. postal zip code associated with the apparent owner is for a post office located in this State, this State is deemed to be the state of the last-known address of the apparent owner unless other records associated with the apparent owner specifically identify the physical address of the apparent owner to be in another state.

(3) If the address under subdivision (2) of this section is in another state, the other state is deemed to be the state of the last-known address of the apparent owner.

(4) The address of the apparent owner of a life or endowment insurance policy or annuity contract or its proceeds is presumed to be the address of the insured or annuitant if a person other than the insured or annuitant is entitled to the amount owed under the policy or contract and the address of the other person is not known by the insurance company and cannot be determined under section 1482 of this title.
27 V.S.A. § 109 — VT Code / Title 27 / Chapter 3 / Section 109
§ 109. Acquisition of new homestead
Status: in_force

When a person acquires a new homestead, the prior homestead shall be liable for his or her debts and may be conveyed by him or her like other real estate. Such new homestead shall not be liable for causes of action against him or her to which such prior homestead would not have been liable, if such new homestead is acquired with the consideration derived from the sale or other disposition of such prior homestead, or with other means not derived from the property of such person.
27 V.S.A. § 103 — VT Code / Title 27 / Chapter 3 / Section 103
§ 103. When real estate mortgaged
Status: in_force

At the time of such levy of execution, if the homestead or real estate is encumbered by mortgage, the value and location of the homestead shall be fixed as provided in section 102 of this title and the sale shall proceed in the same manner as when a right to redeem mortgaged lands is taken. Only the portion of the mortgage as is in excess of the value of the real estate, aside from the homestead, shall rest on the homestead.
27 V.S.A. § 601 — VT Code / Title 27 / Chapter 5 / Section 601
§ 601. Requirements
Status: in_force

(a) Any person who holds an unbroken chain of title of record to any interest in real estate for 40 years shall at the end of that period be deemed to have a marketable record title to the interest, subject only to such claims to the interest and such defects of title as are not extinguished or barred under this chapter, and such interests, limitations, or encumbrances as are inherent in the provisions and limitations contained in the muniments of which the chain of record title is formed which have been recorded during the 40-year period.

(b) For purposes of this section and sections 602 and 603 of this title, “person” shall mean and include any natural person, firm, partnership, corporation, association, executor, administrator, guardian, trustee, fiduciary, or any other legal entity, excepting the State of Vermont, political subdivisions of the State, and the United States.
27 V.S.A. § 104 — VT Code / Title 27 / Chapter 3 / Section 104
§ 104. Products of homestead
Status: in_force

When the personal property of the person is attached or taken on execution against the person and the debtor claims that the same or a part thereof is the product of the homestead, appraisers shall be appointed and sworn as provided in section 102 of this title. They shall make division of the property, decide upon the claim and set out the products of the homestead to the debtor accordingly, and the doings thereon shall be stated by the officer in the officer's return.
27 V.S.A. § 181 — VT Code / Title 27 / Chapter 3 / Section 181
§ 181. Appraisal and severance of homestead
Status: in_force

When, in a case not otherwise provided for in this chapter, it is necessary in a proceeding to sever or set out a homestead from other real estate, the court in which such proceedings are pending may appoint three commissioners to appraise and set out such homestead who, after being sworn, shall appraise and set out such homestead as provided for setting out homesteads in case of the levy of execution, and make report of their doings to such court. Such report shall be confirmed by the court unless cause is shown to the contrary, and a record thereof shall be made in the office where a deed of such homestead is required to be recorded, which shall operate as a severance of the homestead from the other real estate.
27A V.S.A. § 116 — VT Code / Title 27A / Chapter 3 / Section 116
§ 3-116. Lien for sums due association; enforcement
Status: in_force

(a) The association has a statutory lien on a unit for any assessment attributable to that unit or fines imposed against its unit owner. Unless the declaration otherwise provides, reasonable attorney's fees and costs, other fees, charges, late charges, fines, and interest charged pursuant to subdivisions 3-102(a)(10), (11), and (12) of this title, and any other sums due to the association under the declaration, this title, or as a result of an administrative, arbitration, mediation, or judicial decision, are enforceable in the same manner as unpaid assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment becomes due.

(b) A lien under this section is prior to all other liens and encumbrances on a unit except:

(1) liens and encumbrances recorded before the recordation of the declaration; and

(2) except as otherwise provided in subsection (c) of this section, a first mortgage or deed of trust on the unit recorded before the date on which the assessment to be enforced became delinquent; and

(3) liens for real estate taxes and other governmental assessments or charges against the unit.

(c) A lien under this section is also prior to all security interests described in subdivision (b)(2) of this section to the extent of the common expense assessments based on the periodic budget adopted by the association pursuant to subsection 3-115(a) of this title that would have become due in the absence of acceleration during the six months immediately preceding institution of an action to enforce the lien. Subsections (b) and (c) of this section do not affect the priority of mechanics' or materialmen's liens, or the priority of liens for other assessments made by the association. A lien under this section is not subject to the provisions of 27 V.S.A. chapter 3.

(d) Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same property, those liens have equal priority.

(e) Recording the declaration constitutes record notice and perfection of the lien. No further recording of any claim or lien for assessment under this section is required.

(f) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the full amount of the assessment becomes due.

(g) This section does not prohibit an action against unit owners to recover sums for which subsection (a) of this section creates a lien or an association from taking a deed in lieu of foreclosure.

(h) A judgment or decree in any action brought under this section shall include an award of costs and reasonable attorney's fees to the prevailing party.

(i) The association, upon request made in a record, shall furnish to a unit owner a statement of the amount of unpaid assessments against that unit. If the unit owner's interest is real estate, the statement shall be recordable. The statement shall be provided within 10 business days after receipt of the request and is binding on the association, the executive board, and every unit owner.

(j) The association's lien may be foreclosed pursuant to 12 V.S.A. chapter 172 and subsection (o) of this section. The association shall give the notice required by statute, or if there is no such requirement, reasonable notice of its action to all lienholders of the unit whose interest would be affected.

(k) A unit owner is not exempt from liability for payment of common expenses by a waiver of the use or enjoyment of any of the common elements or by abandonment of the unit.

(l) In an action by an association to collect assessments or to foreclose a lien on a unit under this section, the court may appoint a receiver to collect all sums alleged to be due and owing to a unit owner before commencement or during pendency of the action. The court may order the receiver to pay any sums held by the receiver to the association during pendency of the action to the extent of the association's common expense assessments based on a periodic budget adopted by the association pursuant to section 3-115 of this title.

(m) An association may not commence an action to foreclose a lien on a unit under this section unless:

(1) the unit owner, at the time the action is commenced, owes a sum equal to at least three months of common expense assessments based on the periodic budget last adopted by the association pursuant to subsection 3-115(a) of this title and the unit owner has failed to accept or comply with a payment plan offered by the association; and

(2) the executive board votes to commence a foreclosure action specifically against that unit.

(n) Unless the parties otherwise agree, the association shall apply any sums paid by unit owners that are delinquent in paying assessments in the following order:

(1) unpaid assessments;

(2) late charges;

(3) reasonable attorney's fees and costs and other reasonable collection charges; and

(4) all other unpaid fees, charges, fines, penalties, interest, and late charges.

(o) Notwithstanding subsection (a) of this section, unless sums due the association include an unpaid assessment, a foreclosure action may not be commenced against the unit unless the association has a judgment against the unit owner for the sums due the association and has perfected a judgment lien against the unit.

(p) Every aspect of a foreclosure, sale, or other disposition under this section, including the method, advertising, time, date, place, and terms, must be commercially reasonable.

(q) Unless other procedures are provided in the declaration, bylaws, or rules, an association of time-share unit owners may not deny an owner of a time-share access to the owner's time-share for failure to pay an assessment unless:

(1) the time-share owner is delinquent in payment of that owner's common expense assessments based on the periodic budget last adopted by the association pursuant to subsection 3-115(a) of this title; and

(2) the association provides written notice of the delinquency to the time-share owner no less than 30 days after the date the assessment was due, but in no case later than 30 days before the date the time-share owner is entitled to occupy that owner's time-share.

(3) The following provisions apply to the notice required in subdivision (2) of this subsection:

(A) The notice shall clearly state the total amount of any delinquency that then exists, including any accrued interest and late charges permitted to be imposed under the terms of the declaration or bylaws and including a per diem amount, if any, to account for further accrual of interest and late charges between the stated effective date of the notice and the first date of use.

(B) The notice shall clearly state that the time-share owner will not be permitted to use his or her time-share interest, that the time-share owner will not be permitted to make a reservation in the time-share property's reservation system, or that any confirmed reservation may be canceled, as applicable, until the total amount of such delinquency is satisfied in full or until the time-share owner produces satisfactory evidence that the delinquency does not exist.

(C) The notice shall be mailed to the time-share owner at his or her last known address as recorded in the books and records of the time-share property, and the notice shall be effective to bar the use of the time-share owner and those claiming use rights under the time-share owner, including his or her guests, lessees, and the third parties receiving use rights in the time-share in question through a nonaffiliated exchange program, until such time as the unit owner is no longer delinquent.

(D) If the association elects to deny use of the owner's time-share to any third party receiving use rights through an affiliated exchange program, the association shall at the same time provide similar written notice of the owner's delinquency as required in subdivision (2) of this subsection to any affiliated exchange program. Receipt of the written notice by the affiliated exchange program is effective to bar the use of all third parties claiming through the affiliated exchange program.
27A V.S.A. § 112 — VT Code / Title 27A / Chapter 2 / Section 112
§ 2-112. Relocation of boundaries between adjoining units
Status: in_force

(a) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the executive board determines, within 30 days after receipt of the application, that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved and states the reallocations. The amendment shall be executed by those unit owners, shall contain words of conveyance between them, and, on recordation, shall be indexed in the name of the grantor and the grantee and in the grantee's index in the name of the association.

(b) Subject to the provisions of the declaration and other provisions of law, boundaries between units and common elements may be relocated to incorporate common elements within a unit by an amendment to the declaration upon application to the association by the owner of the unit who proposes to relocate a boundary. Unless the declaration provides otherwise, the amendment may be approved only if persons entitled to cast at least 67 percent of the votes in the association, including 67 percent of the votes allocated to units not owned by the declarant, agree to the action. The amendment may describe any fees or charges payable by the owner of the affected unit in connection with the boundary relocation, and the fees and charges are assets of the association. The amendment must be executed by the unit owner of the unit whose boundary is being relocated and by the association, contain words of conveyance between them, and on recordation be indexed in the name of the unit owner and the association as grantor or grantee, as appropriate.

(c) The association:

(1) in a condominium or planned community shall prepare and record plats or plans necessary to show the altered boundaries of affected units and their dimensions and identifying numbers; and

(2) in a cooperative shall prepare and record amendments to the declaration, including any plans, necessary to show or describe the altered boundaries of affected units and their dimensions and identifying numbers.
27 V.S.A. § 616 — VT Code / Title 27 / Chapter 5 / Section 616
§ 616. Groundwater source testing; disclosure of informational material
Status: in_force

(a) Disclosure of potable water supply informational material. For a contract for the conveyance of real property with a potable water supply, as that term is defined in 10 V.S.A. § 1972(6), that is not served by a public water system, as that term is defined in 10 V.S.A. § 1671(5), executed on or after January 1, 2013, the seller shall, within 72 hours of the execution, provide the buyer with informational materials developed by the Department of Health regarding:

(1) the potential health effects of the consumption of contaminated groundwater; and

(2) the availability of test kits provided by the Department of Health.

(b) Marketability of title. Noncompliance with the requirements of this section shall not affect the marketability of title of a property.

(c) Penalty; liability. Liability for failure to provide the informational materials required by this section shall be limited to a civil penalty, imposed by the Department of Health under 18 V.S.A. chapter 3, of no less than $25.00 and no more than $250.00 for each violation.
27 V.S.A. § 604 — VT Code / Title 27 / Chapter 5 / Section 604
§ 604. Failure to file notice
Status: reserved

(a) This subchapter shall not bar or extinguish any of the following interests by reason of failure to file the notice provided for in section 605 of this title:

(1) the interest of any lessor or his or her successor as reversioner of the right to possession on the expiration of any lease or any lessee or the successor to his or her rights in and to any lease;

(2) any interest of a mortgagee, or interest in the nature of a mortgagee's interest, until after the obligation secured by the mortgage has become due and payable;

(3) any interest of a mortgagee, or interest in the nature of a mortgagee's interest, when the instrument creating the interest contains no due date for the obligation secured thereby;

(4) any interest held by adverse possession not evidenced by a recorded instrument;

(5) any remainder interest, reverter or reversionary interest, or interest arising upon a condition, except an interest arising upon a condition as to the distance between a structure on real estate and a public highway or other property of a municipality;

(6) any easement or interest in the nature of an easement, the easement, the existence of which is clearly observable by physical evidences of its use;

(7) any easement or interest in the nature of an easement, or any rights appurtenant thereto granted, excepted, or reserved by a recorded instrument creating the easement or interest; or

(8) any conservation rights or interests or preservation rights or interests created pursuant to 10 V.S.A. chapters 34 and 155.

(b) This subchapter shall not affect any right, title, or interest in real estate owned or held by the United States, the State of Vermont, or any political subdivision of the State.
27 V.S.A. § 1611 — VT Code / Title 27 / Chapter 18 / Section 1611
§ 1611. Definitions; applicability
Status: in_force

(a) As used in this subchapter, “personal information” means:

(1) information that identifies or reasonably can be used to identify an individual, such as first and last name in combination with the individual's:

(A) Social Security number or other government-issued number or identifier;

(B) date of birth;

(C) home or physical address;

(D) electronic-mail address or other online contact information or Internet provider address;

(E) financial account number or credit or debit card number;

(F) biometric data, health or medical data, or insurance information; or

(G) passwords or other credentials that permit access to an online or other account;

(2) personally identifiable financial or insurance information, including nonpublic personal information defined by applicable federal law; and

(3) any combination of data that, if accessed, disclosed, modified, or destroyed without authorization of the owner of the data or if lost or misused, would require notice or reporting under 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.

(b) A provision of this subchapter that applies to the Administrator or the Administrator's records applies to an Administrator's agent.
27 V.S.A. § 614 — VT Code / Title 27 / Chapter 5 / Section 614
§ 614. Transfer of stormwater discharge permits to a municipality
Status: in_force

(a) The failure of the residential subdivision to obtain, renew, or comply with the terms of a pretransition stormwater discharge permit shall not create an encumbrance on record title to real property within the residential subdivision or affect marketability of title of real property within the residential subdivision, provided that:

(1) The residential subdivision transfers a pretransition stormwater permit to a municipality according to the requirements of 10 V.S.A. § 1264(i);

(2) Property owners within the residential subdivision record in the land records:

(A) the deed or other legal document of conveyance of the stormwater system to the utility; and

(B) a notice indicating that the stormwater utility has assumed responsibility for the permitting of the stormwater system located in the residential subdivision.

(b) The definitions found in 10 V.S.A. § 1264 and subsection 613(a) of this title apply to this section unless otherwise indicated. For the purposes of this section, “residential subdivision” means land identified and demarcated by recorded plat or other device that a municipality has authorized to be used primarily for residential construction.
27 V.S.A. § 781 — VT Code / Title 27 / Chapter 7 / Section 781
§ 781. Property to vest in Vermont Baptist State Convention
Status: in_force

All property of any kind belonging to or held in trust for any Baptist church, Baptist church and society, or Baptist society, hereafter referred to as the Baptist church in this subchapter, organized under the laws of this state, which has become or shall become extinct by death of all its members or otherwise, and which has been or shall be at any time affiliated with the Vermont Baptist State Convention, a religious corporation existing by virtue of No. 111 of the Acts of 1851, and engaged in religious missionary work and in fostering weak Baptist churches in this state or connected with any Baptist church affiliated with such Vermont Baptist State Convention, shall vest in and become the property of such Vermont Baptist State Convention.
27A V.S.A. § 103 — VT Code / Title 27A / Chapter 3 / Section 103
§ 3-103. Executive board members and officers
Status: repealed

(a) Except as otherwise provided in the declaration, bylaws, subsection (b) of this section, or other provisions of this title, the executive board acts on behalf of the association. In the performance of their duties, officers and members of the executive board appointed by the declarant shall exercise the degree of care and loyalty required of a trustee. Officers and members of the executive board not appointed by the declarant shall exercise the degree of care and loyalty to the association required of an officer or director of a corporation organized, and are subject to the conflict of interest rules governing directors and officers, under Title 11B. The standards of care and loyalty described in this section apply regardless of the form in which the association is organized.

(b) The executive board shall not:

(1) amend the declaration, except as provided in section 2-117 of this title;

(2) amend the bylaws;

(3) terminate the common interest community;

(4) elect members of the executive board, but may fill vacancies in its membership for the unexpired portion of any term, or, if earlier, until the next regularly scheduled election of executive board members; or

(5) determine the qualifications, powers, duties, or terms of office of executive board members.

(c) The executive board shall adopt budgets as provided in section 3-123 of this title.

(d)(1) Subject to subsection (e) of this section, the declaration may provide for a period of declarant control of the association during which a declarant or the declarant's designee may appoint and remove the officers and members of the executive board. A declarant may voluntarily surrender the right to appoint and remove officers and members of the executive board before the period ends. In that event, the declarant may require during the remainder of the period that specified actions of the association or executive board, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective. Regardless of the period provided in the declaration, and except as provided in subsection 2-123(g) of this title, a period of declarant control shall terminate on the earliest of:

(A) 60 days after three-fourths of the created units is conveyed to unit owners other than a declarant;

(B) two years after all declarants have ceased to offer units for sale in the ordinary course of business;

(C) two years after any development right to add new units is last exercised; or

(D) the day the declarant, after giving notice in a record to unit owners, records an instrument voluntarily surrendering all rights to control activities of the association.

(2) [Repealed.]

(e) At least one-fourth of the members of the executive board shall be elected by unit owners who are not declarants within 60 days after one-fourth of the created units is conveyed to owners other than a declarant. At least one-third of the executive board shall be elected by unit owners who are not declarants within 60 days after one-half of the created units is conveyed to unit owners other than declarants.

(f) Except in elections pursuant to subsection 2-120(e) of this title, before the termination of declarant control, the unit owners shall elect an executive board of at least three members, of which a majority shall be unit owners. Unless the declaration provides for the election of officers by the unit owners, the executive board shall elect its officers who shall take office upon election or appointment.

(g) A declaration may provide for the appointment of specified positions on the executive board by persons other than the declarant during or after the period of declarant control. It also may provide a method for filling vacancies in those positions, other than by election by the unit owners. However, after the period of declarant control, appointed members:

(1) may not make up more than one-third of the board; and

(2) have no greater authority than any other member of the board.
27A V.S.A. § 108 — VT Code / Title 27A / Chapter 3 / Section 108
§ 3-108. Meetings
Status: in_force

(a) The following requirements apply to unit owner meetings:

(1) An association shall hold a meeting of unit owners annually at a time, date, and place stated in or fixed in accordance with the bylaws.

(2) An association shall hold a special meeting of unit owners to address any matter affecting the common interest community or the association if its president, a majority of the executive board, or unit owners having at least 20 percent, or any lower percentage specified in the bylaws, of the votes in the association request that the secretary call the meeting. If the association does not notify unit owners of a special meeting within 30 days after the requisite number or percentage of unit owners request the secretary to do so, the requesting members may directly notify all the unit owners of the meeting. Only matters described in the meeting notice required by subdivision (3) of this subsection may be considered at a special meeting.

(3) An association shall notify unit owners of the time, date, and place of each annual and special unit owners meeting not less than 10 days or more than 60 days before the meeting date. Notice may be by any means described in section 3-121 of this title. The notice of any meeting must state the time, date, and place of the meeting and the items on the agenda, including:

(A) a statement of the general nature of any proposed amendment to the declaration or bylaws;

(B) any budget changes; and

(C) any proposal to remove an officer or member of the executive board.

(4) The minimum time to give notice required by subdivision (3) of this subsection may be reduced or waived for a meeting called to deal with an emergency.

(5) Unit owners shall be given a reasonable opportunity at any meeting to comment regarding any matter affecting the common interest community or the association.

(6) The declaration or bylaws may allow for meetings of unit owners to be conducted by telephonic, video, or other conferencing process, if the alternative process is consistent with subdivision (b)(7) of this section.

(b) The following requirements apply to meetings of the executive board and committees of the association authorized to act for the association:

(1) Meetings shall be open to the unit owners except during executive sessions. The executive board and those committees may hold an executive session only during a regular or special meeting of the board or a committee. No final vote or action may be taken during an executive session. An executive session may be held only to:

(A) consult with the association's attorney concerning legal matters;

(B) discuss existing or potential litigation or mediation, arbitration, or administrative proceedings;

(C) discuss labor or personnel matters;

(D) discuss contracts, leases, and other commercial transactions to purchase or provide goods or services currently being negotiated, including the review of bids or proposals, if premature general knowledge of those matters would place the association at a disadvantage; or

(E) prevent public knowledge of the matter to be discussed if the executive board or committee determines that public knowledge would violate the privacy of any person.

(2) For purposes of this section, a gathering of board members at which the board members do not conduct association business is not a meeting of the executive board. The executive board and its members may not use incidental or social gatherings of board members or any other method to evade the open meeting requirements of this section.

(3) During the period of declarant control, the executive board shall meet at least four times a year. At least one of those meetings must be held at the common interest community or at a place convenient to the community. After termination of the period of declarant control, all executive board meetings shall be at the common interest community or at a place convenient to the community unless the unit owners amend the bylaws to vary the location of those meetings.

(4) At each executive board meeting, the executive board shall provide a reasonable opportunity for unit owners to comment regarding any matter affecting the common interest community and the association.

(5) Unless the meeting is included in a schedule given to the unit owners or the meeting is called to deal with an emergency, the secretary or other officer specified in the bylaws shall give notice of each executive board meeting to each board member and to the unit owners. The notice shall be given at least 10 days before the meeting and shall state the time, date, place, and agenda of the meeting.

(6) If any materials are distributed to the executive board before the meeting, the executive board at the same time shall make copies of those materials reasonably available to unit owners, except:

(A) the board need not make available copies of unapproved minutes or materials that are to be considered in executive session; and

(B) the board of an association composed exclusively of time-share unit owners shall be required to make reasonably available to the unit owners only those materials concerning matters on which action will be taken at the meeting.

(7) Unless the declaration or bylaws otherwise provide, the executive board may meet by telephonic, video, or other conferencing process if:

(A) the meeting notice states the conferencing process to be used and provides information explaining how unit owners may participate in the conference directly or by meeting at a central location or conference connection; and

(B) the process provides all unit owners the opportunity to hear or perceive the discussion and to comment as provided in subdivision (4) of this subsection.

(8) After termination of the period of declarant control, unit owners may amend the bylaws to vary the procedures for meetings described in subdivision (7) of this subsection.

(9) Instead of meeting, the executive board may act by unanimous consent as documented in a record authenticated by all its members. The secretary promptly shall give notice to all unit owners of any action taken by unanimous consent. After termination of the period of declarant control, the executive board may act by unanimous consent only to undertake ministerial actions or to implement actions previously taken at a meeting of the executive board.

(10) Even if an action by the executive board is not in compliance with this section, it is valid unless set aside by a court. A challenge to the validity of an action of the executive board for failure to comply with this section may not be brought more than 60 days after the minutes of the executive board of the meeting at which the action was taken are approved or the record of that action is distributed to unit owners, whichever is later.
27 V.S.A. § 1501 — VT Code / Title 27 / Chapter 18 / Section 1501
§ 1501. Notice to apparent owner by holder
Status: in_force

(a) Subject to subsection (b) of this section, the holder of property presumed abandoned shall send to the apparent owner notice by first-class U.S. mail that complies with section 1502 of this title in a format acceptable to the Administrator not more than 180 days nor less than 60 days before filing the report under section 1491 of this title if:

(1) the holder has in its records an address for the apparent owner that the holder's records do not disclose to be invalid and is sufficient to direct the delivery of first-class U.S. mail to the apparent owner; and

(2) the value of the property is $50.00 or more.

(b) If an apparent owner has consented to receive electronic-mail delivery from the holder, the holder shall send the notice described in subsection (a) of this section both by first-class U.S. mail to the apparent owner's last-known mailing address and by electronic mail, unless the holder believes that the apparent owner's electronic-mail address is invalid.
27 V.S.A. § 1493 — VT Code / Title 27 / Chapter 18 / Section 1493
§ 1493. When report to be filed
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section and subject to subsection (c) of this section, the report under section 1491 of this title must be filed before May 1 of each year and cover the 12 months preceding January 1 of that year.

(b) Subject to subsection (c) of this section, the report under section 1491 of this title to be filed by an insurance company must be filed before May 1 of each year for the immediately preceding calendar year.

(c) Before the date for filing the report under section 1491 of this title, the holder of property presumed abandoned may request the Administrator to extend the time for filing. The Administrator may grant an extension. If the extension is granted, the holder may pay or make a partial payment of the amount the holder estimates ultimately will be due. The payment or partial payment terminates accrual of interest on the amount paid.
27 V.S.A. § 401 — VT Code / Title 27 / Chapter 5 / Section 401
§ 401. Index of deeds by county clerk; penalty
Status: in_force

(a) The county clerk shall keep for public use a general index of the record of deeds and other transfers of land recorded in his or her office, similar to those required to be kept by town clerks, but this section shall not apply to transfers of the title under a judgment or order of court.

(b) A county clerk who neglects to keep the index required in subsection (a) of this section shall be fined $50.00 for each six months' neglect.
27A V.S.A. § 111 — VT Code / Title 27A / Chapter 2 / Section 111
§ 2-111. Alterations of units
Status: in_force

Subject to the provisions of the declaration and other provisions of law, a unit owner:

(1) May make any improvements or alterations to his or her unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the common interest community.

(2) May not change the appearance of the common elements or the exterior appearance of a unit or any other portion of the common interest community without permission of the association.

(3) After acquiring an adjoining unit or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures in it even if the partition in whole or in part is a common element if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the common interest community. Removal of partitions or creation of apertures under this subdivision is not an alteration of boundaries.
27 V.S.A. § 307 — VT Code / Title 27 / Chapter 5 / Section 307
§ 307. Vendor's liens
Status: in_force

The vendor of real estate shall not have a lien thereon for unpaid purchase money, except such lien as is created and evidenced by deed executed, acknowledged, and recorded as deeds of conveyance of real estate.
27 V.S.A. § 303 — VT Code / Title 27 / Chapter 5 / Section 303
§ 303. Trusts concerning realty
Status: in_force

A trust concerning lands, excepting such as may arise or result by implication of law, shall not be created or declared unless by an instrument in writing signed by the party creating or declaring the same or by his or her attorney.
27 V.S.A. § 1564 — VT Code / Title 27 / Chapter 18 / Section 1564
§ 1564. Records obtained in examination
Status: in_force

Records obtained and records, including work papers, compiled by the Administrator in the course of conducting an examination under section 1562 of this title:

(1) are subject to the confidentiality and security provisions of subchapter 14 of this chapter and are not public records;

(2) may be used by the Administrator in an action to collect property or otherwise enforce this chapter;

(3) may be used in a joint examination conducted with another state, the United States, a foreign country or subordinate unit of a foreign country, or any other governmental entity if the governmental entity conducting the examination is legally bound to maintain the confidentiality and security of information obtained from a person subject to examination in a manner substantially equivalent to subchapter 14 of this chapter;

(4) must be disclosed, on request, to the person that administers the unclaimed property law of another state for that state's use in circumstances equivalent to circumstances described in this subchapter, 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) must be produced by the Administrator under an administrative or judicial subpoena or administrative or court order; and

(6) must be produced by the Administrator on request of the person subject to the examination in an administrative or judicial proceeding relating to the property.
27 V.S.A. § 655 — VT Code / Title 27 / Chapter 6 / Section 655
§ 655. Acceptance or consideration not required; conveyance not permitted
Status: in_force

(a) An enhanced life estate deed is effective without:

(1) acceptance by the designated grantee during the grantor's life; or

(2) consideration.

(b) A grantee named in an ELE deed shall not convey the grantee's contingent remainder interest during the grantor's lifetime, and any conveyance that attempts to do so is void.
27 V.S.A. § 1462 — VT Code / Title 27 / Chapter 18 / Section 1462
§ 1462. When tax-deferred retirement account presumed abandoned
Status: in_force

(a) Subject to section 1469 of this title, property held in a pension account or retirement account that qualifies for tax deferral under the income-tax laws of the United States is presumed abandoned if it is unclaimed by the apparent owner three years after the later of:

(1) the following dates:

(A) except as in subdivision (B) of this subdivision (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

(B) if the second communication is sent later than 30 days after the date the first communication is returned undelivered, the date the first communication was returned undelivered by the U.S. Postal Service; or

(2) the earlier of the following dates:

(A) the date the apparent owner becomes 72 years of age, if determinable by the holder; or

(B) if the Internal Revenue Code, as may be amended, 26 U.S.C. § 1 et seq., requires distribution to avoid a tax penalty, two years after the date the holder:

(i) receives confirmation of the death of the apparent owner in the ordinary course of its business; or

(ii) confirms the death of the apparent owner under subsection (b) of this section.

(b) If a holder in the ordinary course of its business receives notice or an indication of the death of an apparent owner and subdivision (a)(2) of this section applies, the holder shall attempt not later than 90 days after receipt of the notice or indication to confirm whether the apparent owner is deceased.

(c) If the holder does not send communications to the apparent owner of an account described in subsection (a) of this section by first-class U.S. mail, the holder shall attempt to confirm the apparent owner's interest in the property 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 property. 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.

(d) If first-class U.S. mail sent under subsection (c) of this section is returned to the holder undelivered by the U.S. Postal Service, the property is presumed abandoned three years after the later of:

(1) except as in subdivision (2) of this subsection, the date a second consecutive communication to contact the apparent owner sent by first-class U.S. mail is returned to the holder undelivered;

(2) if the second communication is sent later than 30 days after the date the first communication is returned undelivered, the date the first communication was returned undelivered; or

(3) the date established by subdivision (a)(2) of this section.
27 V.S.A. § 1404 — VT Code / Title 27 / Chapter 17 / Section 1404
§ 1404. Exemptions
Status: in_force

(a) Survey plats prepared and filed by municipal and State government agencies shall be exempt from subdivision 1403(b)(5) of this chapter. Each plat sheet filed under this exemption shall contain a title area in the lower right-hand corner of the sheet stating the location of the land, the scale expressed in engineering units, and the date of compilation. Highway plats or plans filed under this exemption shall also include right-of-way detail sheets and a title sheet.

(b) Survey plats prepared and filed in accordance with 24 V.S.A. § 4463 shall be exempt from subdivision 1403(b)(5) of this chapter. Survey plats or plans filed under this exemption shall contain a title area, the location of the land, and scale expressed in engineering units. In addition, they shall include inscriptions and data required by zoning and planning boards.

(c) Survey plats prepared and filed in accordance with chapter 15 of this title shall be exempt from subdivision 1403(b)(5) of this chapter. Each plat sheet filed under this exemption shall contain a title area stating the location of the land, the scale expressed in engineering or architectural units, and the date of compilation.
27 V.S.A. § 402 — VT Code / Title 27 / Chapter 5 / Section 402
§ 402. Record in county clerk's office
Status: in_force

A purchaser of lands, in addition to the record in the town clerk's office, may cause his or her deed or other conveyance with the certificate of its record in the town clerk's office to be recorded by the county clerk of the county in which such lands lie, in the book kept for the purpose of recording deeds. If the records of a town in which such deed or conveyance is recorded are destroyed, an attested copy of such deed or other conveyance from the office of such county clerk shall be of the same validity as a copy from the town clerk's office.
27 V.S.A. § 1502 — VT Code / Title 27 / Chapter 18 / Section 1502
§ 1502. Contents of notice by holder
Status: in_force

(a) Notice under section 1501 of this title must contain a heading that reads substantially as follows: “Notice. The State of Vermont requires us to notify you that your property may be transferred to the custody of the State Treasurer if you do not contact us before (insert date that is 30 days after the date of this notice).”.

(b) The notice under section 1501 of this title must:

(1) identify the nature and, except for property that does not have a fixed value, the value of the property that is the subject of the notice;

(2) state that the property will be turned over to the Administrator;

(3) state that after the property is turned over to the Administrator an apparent owner that seeks return of the property must file a claim with the Administrator;

(4) state that property that is not legal tender of the United States may be sold by the Administrator; and

(5) provide instructions that the apparent owner must follow to prevent the holder from reporting and paying or delivering the property to the Administrator.
27 V.S.A. § 345 — VT Code / Title 27 / Chapter 5 / Section 345
§ 345. Conveyances of wife's realty in which disabled husband has an interest
Status: in_force

When the guardian of a married man is licensed to sell the interests of the ward in any real estate of his wife, the wife may join with the guardian in the conveyance and convey her estate and interest in the granted premises as she might have done with her husband if he had not been under legal disability, but this section shall not authorize the conveyance of the ward's estate of homestead.
27 V.S.A. § 1482 — VT Code / Title 27 / Chapter 18 / Section 1482
§ 1482. Address of apparent owner in this State
Status: in_force

The Administrator may take custody of property that is presumed abandoned, whether located in this State, another state, or a foreign country if:

(1) the last-known address of the apparent owner in the records of the holder is in this State; or

(2) the records of the holder do not reflect the identity or last-known address of the apparent owner, but the Administrator has determined that the last-known address of the apparent owner is in this State.
27 V.S.A. § 375 — VT Code / Title 27 / Chapter 5 / Section 375
§ 375. Witnesses dead or out of State
Status: in_force

When a grantor or lessor refuses to acknowledge his or her deed and the subscribing witnesses to the same are dead or out of the State, it may be proved before the Supreme or any Superior Court by proving the handwriting of the grantor or lessor and of a subscribing witness, such court first summoning the grantor or lessor as provided in this chapter.
27A V.S.A. § 123 — VT Code / Title 27A / Chapter 3 / Section 123
§ 3-123. Adoption of budgets; special assessments
Status: in_force

(a) The executive board, at least annually, shall adopt a proposed budget for the common interest community for consideration by the unit owners. Not later than 30 days after adoption of a proposed budget, the executive board shall provide to all the unit owners a summary of the budget, including any reserves, and a statement of the basis on which any reserves are calculated and funded. Simultaneously, the board shall set a date not less than 10 days or more than 60 days after providing the summary for a meeting of the unit owners to consider ratification of the budget. Unless at that meeting a majority of all unit owners or any larger number specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present. If a proposed budget is rejected, the budget last ratified by the unit owners continues until unit owners ratify a subsequent budget.

(b) The executive board, at any time, may propose a special assessment. Except as otherwise provided in subsection (c) of this section, the assessment is effective only if the executive board follows the procedures for ratification of a budget described in subsection (a) and the unit owners do not reject the proposed assessment.

(c) If the executive board determines by a two-thirds vote that a special assessment is necessary to respond to an emergency:

(1) the special assessment becomes effective immediately in accordance with the terms of the vote;

(2) notice of the emergency assessment must be provided promptly to all unit owners; and

(3) the executive board may spend the funds paid on account of the emergency assessment only for the purposes described in the vote.
27 V.S.A. § 705 — VT Code / Title 27 / Chapter 7 / Section 705
§ 705. Disposition upon death of noncorporate grantee
Status: in_force

Real estate heretofore granted, devised, or demised, for the purpose mentioned in section 704 of this title, to a person in an ecclesiastical office or orders shall be deemed to be held in trust for the benefit of the congregation or society using the same. Unless previously conveyed to a corporation, as provided in section 704 of this title, the real estate, upon the death of the person in whom the legal title was vested on November 17, 1856, shall vest in the religious corporation formed by the congregation or religious society occupying and enjoying the real estate, if such a corporation, organized according to law, is in existence at the time of the death. If the congregation or society is not incorporated, the title of the real estate shall vest in the State.
27 V.S.A. § 1569 — VT Code / Title 27 / Chapter 18 / Section 1569
§ 1569. Administrator's contract with another to conduct examination
Status: in_force

(a) As used in this section, “related to the Administrator” refers to an individual who is:

(1) the Administrator's spouse, partner in a civil union, domestic partner, or reciprocal beneficiary;

(2) the Administrator's child, stepchild, grandchild, parent, stepparent, sibling, stepsibling, halfsibling, aunt, uncle, niece, or nephew;

(3) a spouse, partner in a civil union, domestic partner, or reciprocal beneficiary of an individual under subdivision (2) of this subsection; or

(4) any individual residing in the Administrator's household.

(b) The Administrator may contract with a person to conduct an examination under this subchapter. The contract may be awarded only under contracting policies and standards approved by the Vermont Secretary of Administration.

(c) If the person with which the Administrator contracts under subsection (b) of this section is:

(1) an individual, the individual may not be related to the Administrator; or

(2) a business entity, the entity may not be owned in whole or in part by the Administrator or an individual related to the Administrator.

(d) At least 60 days before assigning a person under contract with the Administrator under subsection (b) of this section to conduct an examination, the Administrator shall demand in a record that the person to be examined submit a report and deliver property that is previously unreported.

(e) If the Administrator contracts with a person under subsection (b) of this section:

(1) the contract may provide for compensation of the person based on a fixed fee, hourly fee, or contingent fee;

(2) a contingent fee arrangement may not provide for a payment that exceeds 10 percent of the amount or value of property paid or delivered as a result of the examination; and

(3) on request by a person subject to examination by a contractor, the Administrator shall deliver to the person a complete and unredacted copy of the contract and any contract between the contractor and a person employed or engaged by the contractor to conduct the examination.
27 V.S.A. § 1155 — VT Code / Title 27 / Chapter 12 / Section 1155
§ 1155. Provision of mission statement
Status: in_force

(a) Prior to the acquisition of property by gift, a museum, upon request, shall provide a donor or prospective donor with a written copy of its mission statement and collections policy, which shall include policies and procedures of the museum related to deaccessioning.

(b) If the museum has the knowledge of a planned bequest of any property prior to the death of the testator, the museum shall provide the testator with a written copy of its mission statement and collections policy, which shall include policies and procedures of the museum relating to deaccessioning.

(c) Any museum that routinely makes its mission statement and collections policy available on its website shall be deemed to have complied with this section.
27 V.S.A. § 342 — VT Code / Title 27 / Chapter 5 / Section 342
§ 342. Acknowledgment and recording required
Status: in_force

A deed of bargain and sale, a mortgage or other conveyance of land in fee simple or for term of life, or a lease for more than one year from the making thereof shall not be effectual to hold such lands against any person but the grantor and his or her heirs, unless the deed or other conveyance is acknowledged and recorded.
27 V.S.A. § 301 — VT Code / Title 27 / Chapter 5 / Section 301
§ 301. Manner of conveying
Status: in_force

Conveyance of land or of an estate or interest in land may be made by deed executed by a person duly authorized to convey it, or by the person's attorney, and acknowledged and recorded as provided in this chapter.
27 V.S.A. § 541 — VT Code / Title 27 / Chapter 5 / Section 541
§ 541. Deeds of lands held adversely
Status: in_force

Deeds, leases, and other conveyances of lands, duly executed, acknowledged, and recorded, shall have the effect to convey such title therein as the grantor or lessor may have, notwithstanding any actual possession of the lands by any other person claiming the same.
27 V.S.A. § 617 — VT Code / Title 27 / Chapter 5 / Section 617
§ 617. Disclosure of class 4 road
Status: in_force

(a) Disclosure of maintenance on class 4 highway. Any property owner who sells property located on a class 4 highway or legal trail shall disclose to the buyer that the municipality is not required to maintain the highway or trail as described in 19 V.S.A. § 310.

(b) Marketability of title. Noncompliance with the requirements of this section shall not affect the marketability of title of a property.
27 V.S.A. § 1594 — VT Code / Title 27 / Chapter 18 / Section 1594
§ 1594. Interest and penalty for failure to act in timely manner
Status: in_force

(a) A holder that fails to report, pay, or deliver property within the time prescribed by this chapter shall pay to the Administrator interest at the higher of the annual rate established by the Vermont Tax Department for unpaid tax liabilities pursuant to 32 V.S.A. § 3108 or the prime rate as reported in the Money Rates section of the Wall Street Journal on the day the invoice for interest is issued by the Administrator on the property or value of the property from the date the property should have been reported, paid, or delivered to the Administrator until the date reported, paid, or delivered.

(b) Except as otherwise provided in section 1595 or 1596 of this title, the Administrator may require a holder that fails to report, pay, or deliver property within the time prescribed by this chapter to pay to the Administrator, in addition to interest included under subsection (a) of this section, a civil penalty of $200.00 for each day the duty is not performed, up to a cumulative maximum amount of $5,000.00.
27 V.S.A. § 656 — VT Code / Title 27 / Chapter 6 / Section 656
§ 656. Revocation; revision; mortgages
Status: reserved

(a) A grantor may revoke or revise an ELE deed.

(b) Joinder by, consent to, agreement of, or notice to the grantee of an ELE deed shall not be required for revocation or revision.

(c) The granting of a mortgage shall not operate to revoke or revise an ELE deed, but the property interests conveyed and reserved in an ELE deed shall be encumbered by the mortgage and by any future advances made pursuant to it.
27 V.S.A. § 404 — VT Code / Title 27 / Chapter 5 / Section 404
§ 404. Lost instruments affecting property titles; copy recorded in another town
Status: in_force

When an instrument in writing affecting the title to real estate in more than one town is lost, destroyed, or defaced, if such instrument has been recorded in any town, upon complaint and proof, the Superior Court may order a copy of such record to be recorded in any town where a part of such real estate is situated. The proceedings upon such complaint shall be the same as in case of judgment files lost or destroyed, and a record so made shall be treated as a record of the original instrument.
27 V.S.A. § 305 — VT Code / Title 27 / Chapter 5 / Section 305
§ 305. Conveyances effected through power of attorney
Status: in_force

(a) A deed or other conveyance of lands or of an estate or interest therein, made by virtue of a power of attorney, shall not be of any effect or admissible in evidence unless the power of attorney is signed, acknowledged, and recorded in the office where the deed is required to be recorded.

(b) Nothing in subsection (a) of this section shall limit the enforceability of a power of attorney which is executed in another state or jurisdiction in compliance with the law of that state or jurisdiction. This subsection shall apply retroactively, except that it shall not affect a suit begun or pending as of July 1, 2010.
27 V.S.A. § 1556 — VT Code / Title 27 / Chapter 18 / Section 1556
§ 1556. Action by person whose claim is denied
Status: in_force

Not later than one year after filing a claim under subsection 1553(a) of this title, the claimant may commence an action against the Administrator in the Civil Division of the Washington County Superior Court to establish a claim that has been denied or deemed denied under subsection 1553(d) of this title. On final determination of the action, the court may, on application, award to the prevailing party its reasonable attorney's fees, costs, and expenses of litigation.
27 V.S.A. § 145 — VT Code / Title 27 / Chapter 3 / Section 145
§ 145. Effect of spouse joining in mortgage
Status: in_force

If the homestead or lands included therein are mortgaged by the joint deed of husband and wife, the joining of the wife or husband in the mortgage shall have no other effect than to bar her or his claim to the homestead as against the mortgage. If the mortgage includes lands other than the homestead, and the owner thereof dies, the other lands shall be first sold by the executor or administrator and applied on the mortgage and the residue only shall rest on the homestead. When the Probate Division of the Superior Court orders the whole to be sold, the balance of the proceeds after the payment of the mortgage not exceeding $125,000.00 shall be under the control of the court as in case of the sale of a homestead under this chapter.
27 V.S.A. § 1516 — VT Code / Title 27 / Chapter 18 / Section 1516
§ 1516. Property removed from safe-deposit box
Status: in_force

Property removed from a safe-deposit box and delivered under this chapter to the Administrator under this chapter is subject to the holder's right to reimbursement for the cost of opening the box and a lien or contract providing reimbursement to the holder for unpaid rent charges for the box. The Administrator shall reimburse the holder from the proceeds remaining after deducting the expense incurred by the Administrator in selling the property.
27A V.S.A. § 208 — VT Code / Title 27A / Chapter 1 / Section 208
§ 1-208. Out-of-state common interest communities
Status: in_force

This title does not apply to a common interest community located outside this State, but sections 4-102 and 4-103, and to the extent applicable, sections 4-104 through 4-106, of this title, apply to a contract for the disposition of a unit in a common interest community signed in this State by any party unless exempt under subsection 4-101(b) of this title.
27 V.S.A. § 1321 — VT Code / Title 27 / Chapter 15 / Section 1321
§ 1321. Waiver of use of common areas and facilities; abandonment of apartment or site
Status: in_force

No apartment or site owner may exempt himself or herself from liability for his or her contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his or her apartment or site.
27 V.S.A. § 465 — VT Code / Title 27 / Chapter 5 / Section 465
§ 465. When mortgagee dead
Status: in_force

When it appears from the record of a mortgage on real estate that the mortgage is undischarged, and the mortgagee, or the person to whom the mortgage is assigned, is deceased, the owner of the real estate may make written application to the Probate Division of the Superior Court of the district within which the real estate is situated for the appointment of an administrator of the estate of the deceased mortgagee or assignee to discharge the mortgage. The Probate Division of the Superior Court may appoint an administrator of the deceased mortgagee or assignee to discharge the mortgage, if upon hearing and upon payment of the costs of the hearing, the administrator is satisfied that the conditions of the mortgage have been complied with and is further satisfied that there is no person within the State having authority to discharge the mortgage.
27 V.S.A. § 1504 — VT Code / Title 27 / Chapter 18 / Section 1504
§ 1504. Cooperation among State officers and agencies to locate apparent owner
Status: in_force

Unless prohibited by law of this State other than this chapter, on request of the Administrator, each officer, agency, board, commission, division, and department of this State, any body politic and corporate created by this State for a public purpose, and each political subdivision of this State shall make its books and records available to the Administrator and cooperate with the Administrator to determine the current address of an apparent owner of property held by the Administrator under this chapter.
27 V.S.A. § 1568 — VT Code / Title 27 / Chapter 18 / Section 1568
§ 1568. Complaint to Administrator about conduct of person conducting examination
Status: in_force

(a) If a person subject to examination under section 1562 of this title believes the person conducting the examination has made an unreasonable or unauthorized request or is not proceeding expeditiously to complete the examination, the person in a record may ask the Administrator to intervene and take appropriate remedial action, including countermanding the request of the person conducting the examination, imposing a time limit for completion of the examination, or reassigning the examination to another person.

(b) If a person in a record requests a conference with the Administrator to present matters that are the basis of a request under subsection (a) of this section, the Administrator shall hold the conference not later than 30 days after receiving the request. The Administrator may hold the conference in person, by telephone, or by electronic means.

(c) If a conference is held under subsection (b) of this section, not later than 30 days after the conference ends, the Administrator shall provide a report in a record of the conference to the person that requested the conference.
27 V.S.A. § 1110 — VT Code / Title 27 / Chapter 11 / Section 1110
§ 1110. Liability of owner upon death of beast
Status: in_force

If the beast so taken up dies, the owner thereof shall be liable to pay to the person who took it up a reasonable compensation for the costs and expenses of keeping and other proceedings relating to such beast, unless its death was occasioned by the carelessness or negligence of such person.
27A V.S.A. § 110 — VT Code / Title 27A / Chapter 1 / Section 110
§ 1-110. Uniformity of application and construction
Status: in_force

This title shall be applied and construed to make uniform the law with respect to the subject of this title among states that enact it.
27 V.S.A. § 3 — VT Code / Title 27 / Chapter 1 / Section 3
§ 3. Effect of overgrant
Status: in_force

A conveyance by a tenant for life or years, purporting to grant a greater estate than he or she possessed or could lawfully convey, shall not work a forfeiture of his or her estate, but shall pass to the grantee the estate which such tenant could lawfully convey.
27 V.S.A. § 470 — VT Code / Title 27 / Chapter 5 / Section 470
§ 470. Validation of mortgage discharge on one- to four-family residential property
Status: in_force

(a) Subject to the provisions of subsection (b) of this section, a mortgage discharge executed on behalf of a banking or lending institution with respect to a mortgage encumbering a one- to four-family residential real property, including a residential unit in a condominium or in a common interest community as defined in Title 27A, that is not valid because it is not executed by or is not issued by or in the name of the record holder of the mortgage shall be valid as if it had been issued or executed by the record holder of the mortgage if:

(1) no person has within three years after the discharge is recorded brought an action challenging the validity of the discharge and recorded a copy of the complaint in the land records of the town where the discharge is recorded; and

(2) an affidavit is recorded that is dated more than three years after the recording date of the mortgage discharge and contains the following:

(A) a statement that the affiant has been the record owner of the real property described in the mortgage for at least two years prior to the date of the affidavit;

(B) the recording information for the mortgage, any assignments, and the release;

(C) a statement that, since the date of the recording of the release, the affiant has received no demand for payment of all or any portion of the debt secured by the mortgage and has received no notice or communication that would indicate that all or any portion of the mortgage debt remains due or owing; and

(D) a statement that, to the best of the affiant's knowledge and belief, the mortgage has been paid in full.

(b) The provisions of this section shall not apply to any release obtained by fraud or forgery.
27 V.S.A. § 405 — VT Code / Title 27 / Chapter 5 / Section 405
§ 405. Vendor to record title on request
Status: in_force

When a person sells and conveys lands, or an estate or interest in land, the person shall cause the person's title deed to be recorded in the land records office within six months after request made in writing by a subsequent purchaser of the same lands or an estate or interest in the lands.
27 V.S.A. § 1617 — VT Code / Title 27 / Chapter 18 / Section 1617
§ 1617. Security breach
Status: in_force

(a) Except to the extent prohibited by law other than this chapter, the Administrator or Administrator's agent shall notify a holder as soon as practicable of:

(1) a suspected loss, misuse or unauthorized access, disclosure, modification, or destruction of confidential information obtained from the holder in the possession of the Administrator or the Administrator's agent; and

(2) any interference with operations in any system hosting or housing confidential information that:

(A) compromises the security, confidentiality, or integrity of the information; or

(B) creates a substantial risk of identity fraud or theft.

(b) Except as necessary to inform an insurer, attorney, investigator, or others as required by law, the Administrator and the Administrator's agent may not disclose, without the express consent in a record of the holder, an event described in subsection (a) of this section to a person whose confidential information was supplied by the holder.

(c) If an event described in subsection (a) of this section occurs, the Administrator and the Administrator's agent shall:

(1) take action necessary for the holder to understand and minimize the effect of the event and determine its scope; and

(2) cooperate with the holder with respect to:

(A) any notification required by law concerning a data or other security breach; and

(B) a regulatory inquiry, litigation, or similar action.
27A V.S.A. § 103 — VT Code / Title 27A / Chapter 2 / Section 103
§ 2-103. Construction and validity of declaration and bylaws
Status: in_force

(a) All provisions of the declaration and bylaws are severable.

(b) The rule against perpetuities may not be applied to defeat any provision of the declaration, bylaws, or rules adopted pursuant to this title.

(c) If a conflict exists between the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this title.

(d) Title to a unit is not rendered unmarketable or otherwise affected by an insubstantial failure of the declaration to comply with this title. Whether a substantial failure impairs marketability is not affected by this title.
27 V.S.A. § 1103 — VT Code / Title 27 / Chapter 11 / Section 1103
§ 1103. Publication of notice in newspaper
Status: in_force

If the value of such property exceeds $10.00, the person finding it shall immediately cause a copy of the notice to be published three weeks successively in some newspaper circulating in such town.
27 V.S.A. § 1315 — VT Code / Title 27 / Chapter 15 / Section 1315
§ 1315. Recording
Status: in_force

(a) The declaration, any amendment or amendments thereof, any instrument by which this chapter may be waived, and every instrument affecting the property or any apartment or site shall be entitled to be recorded. Neither the declaration nor any amendment thereof shall be valid unless duly recorded.

(b) In addition to the records and indexes required to be maintained by the recording officer, the recording officer shall maintain an index or indexes in which the record of each declaration contains a reference to the record of each conveyance of an apartment or site affected by the declaration, and the record of each conveyance of an apartment or site contains a reference to the declaration of the building of which the apartment is a part and the record of each conveyance of a site contains a reference to the declaration of the property of which the site is a part.
27 V.S.A. § 1483 — VT Code / Title 27 / Chapter 18 / Section 1483
§ 1483. If records show multiple addresses of apparent owner
Status: in_force

(a) Except as in subsection (b) of this section, if records of a holder reflect multiple addresses for an apparent owner and this State is the state of the most recently recorded address, this State may take custody of property presumed abandoned, whether located in this State or another state.

(b) If it appears from records of the holder that the most recently recorded address of the apparent owner under subsection (a) of this section is a temporary address and this State is the state of the next most-recently recorded address that is not a temporary address, this State may take custody of the property presumed abandoned.
27 V.S.A. § 108 — VT Code / Title 27 / Chapter 3 / Section 108
§ 108. Liability of homestead for taxes
Status: in_force

Like other real estate, a homestead shall be liable for the payment of taxes assessed thereon.
27 V.S.A. § 107 — VT Code / Title 27 / Chapter 3 / Section 107
§ 107. Liability of homestead for debts
Status: in_force

Such homestead shall be subject to attachment and levy of execution upon causes of action existing at the time of acquiring the homestead, except as otherwise provided in this chapter. For that purpose, such time shall be the date of the filing of the deed of such homestead in the proper office for the record of deeds.
27 V.S.A. § 1151 — VT Code / Title 27 / Chapter 12 / Section 1151
§ 1151. Definitions
Status: in_force

As used in this chapter:

(1) “Lender” means a person whose name appears on the records of a museum as the person legally entitled to, or claiming to be legally entitled to, property held by the museum or, if such person is deceased, the legal heirs of such person.

(2) “Loan” means a deposit of property not accompanied by a transfer of title to the property.

(3) “Museum” means an institution operated by a nonprofit corporation or a public agency primarily for educational, scientific, historic preservation, or aesthetic purposes, and the institution owns, cares for, exhibits, studies, collects, archives, or catalogues property. “Museum” also includes historical societies, parks, monuments, and libraries.

(4) “Property” means a tangible object, animate or inanimate, that has intrinsic, historic, artistic, scientific, or cultural value, and the object is under the care of a museum.
27 V.S.A. § 659 — VT Code / Title 27 / Chapter 6 / Section 659
§ 659. Previously executed and recorded enhanced life estate deeds
Status: reserved

Nothing in this chapter shall be construed to affect the validity of an enhanced life estate deed, a “Life Estate Deed with Reserved Powers,” a “Lady Bird Deed,” a “Medicaid Deed,” an “Italian Deed,” or similar deed executed and recorded prior to July 13, 2020.
27 V.S.A. § 1355 — VT Code / Title 27 / Chapter 15 / Section 1355
§ 1355. Notice of conversion
Status: in_force

(a) A declarant shall give notice of an intended conversion by delivering the notice by certified mail to all leaseholders and the commissioner of the department of housing and community affairs, and by delivering the notice to all mobile homes located in sites in the mobile home park. For purposes of this subchapter, the date of mailing or the date of delivery, whichever is later, shall be considered the date of the notice of conversion. An affidavit of the person delivering the notice to the mobile home shall be adequate proof of the date of delivery.

(b) The declarant shall deliver the notice to any prospective purchasing leaseholder of a mobile home or to any prospective leaseholder. The declarant shall deliver the notice by certified mail to the town clerk of any town in which the mobile home park is located.

(c) The notice shall contain or fully and accurately disclose:

(1) the name and principal address of the declarant and of the proposed owners of the mobile home park, and a statement that the proposed form of ownership is either a condominium or planned community;

(2) a general description of the mobile home park, including to the extent known, the types, number, and the declarant's schedule of commencement and completion of construction of buildings, and amenities that the declarant anticipates including in the mobile home park;

(3) the number of sites in the mobile home park;

(4) the price of each condominium site, which may not exceed by more than 10 percent the price stated in the notice of intent to convert;

(5) copies and a brief narrative description of the significant features of the declaration (other than any surveys and plans) and any other recorded covenants, conditions, restrictions, and reservations affecting the mobile home park; the bylaws, and any rules or regulations of the association; copies of any contracts and leases to be signed by purchasing leaseholders at closing, and a brief narrative description of any contracts or leases that will or may be subject to cancellation by the association or managing entity;

(6) a recent appraisal of the mobile home park as a rental park and as converted;

(7) any current balance sheet and a projected budget for the association, either within or as an exhibit to the notice, for one year after the date of the first conveyance to a purchasing leaseholder, and thereafter the current budget of the association, a statement of who prepared the budget, and a statement of the budget's assumptions concerning occupancy, inflation and factors relating to repair or upgrading of the park. The budget shall include:

(A) a statement of the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacement;

(B) a statement of any other reserves;

(C) the projected common expense assessment by category of expenditures for the association; and

(D) the projected monthly common expense assessment for each type of site;

(8) any services not reflected in the budget that the declarant provides, or expenses that he or she pays, and that he or she expects may become at any subsequent time a common expense of the association and the projected common expense assessment attributable to each of those services or expenses for the association and for each type of site;

(9) any initial or special fee due from the purchasing leaseholder at closing, together with a description of the purpose and method of calculating the fee;

(10) a description of any liens, defects, or encumbrances on or affecting the title to the mobile home park;

(11) a description of any financing offered or arranged by the declarant;

(12) a statement of what actions the declarant agrees to perform if the declarant withdraws an offer to sell a site during the conversion period before a leaseholder purchases a site;

(13) the terms and significant limitations of any warranties provided by the declarant, including statutory warranties and limitations on the enforcement thereof or on damages;

(14) a statement of any unsatisfied judgments or pending suits against the association, and the status of any pending suits material to the mobile home park of which a declarant has actual knowledge;

(15) any restraints on alienation of any portion of the mobile home park and any restrictions:

(A) on use, occupancy, and alienation of the sites; and

(B) on the amount for which a site may be sold or on the amount that may be received by a site owner on sale, condemnation, or casualty loss to the site or to the mobile home park;

(16) a description of any insurance coverage provided for the benefit of site owners;

(17) any current or expected fees or charges to be paid by site owners for the use of the common elements and other facilities related to the common interest community;

(18) the extent to which financial arrangements have been provided for completion of all improvements that the declarant is obligated to build;

(19) a brief narrative description of any zoning and other land use requirements affecting the mobile home park, including, to the declarant's knowledge, a statement of the extent to which the mobile home park is in compliance with those requirements;

(20) a statement by the declarant, based on a report by an independent architect or engineer, describing the present condition of all water, sewer, drainage and other structural components and mechanical and electrical installations material to the use and enjoyment of the mobile home park, including a description of the history of maintenance and repair of those components;

(21) the expected useful life of each item;

(22) a list of any outstanding notices of uncured violation of the building code and of any applicable municipal, state or federal regulations and the cost of curing those violations;

(23) a description of any problems which may materially affect the habitability or use of the mobile home park, and the estimated cost of curing those problems, to the declarant's knowledge;

(24) all unusual and material circumstances, features, and characteristics of the mobile home park and the sites. The declarant shall promptly amend the notice to report any material change in the information required by this section.
27A V.S.A. § 109 — VT Code / Title 27A / Chapter 2 / Section 109
§ 2-109. Plats and plans
Status: reserved

(a) Plats and plans are a part of the declaration and required for condominiums and planned communities. Separate plats and plans are not required by this title if all the information required by this section is contained in either a plat or plan. Each plat and plan shall be clear and legible and contain a certification that the plat or plan contains all information required by this section.

(b) Each plat shall show or project:

(1) the name and a plat or general schematic map of the entire common interest community;

(2) the location and dimensions of all real estate not subject to development rights, or subject only to the development right to withdraw, and the location and dimensions of all existing improvements within that real estate;

(3) a legally sufficient description of any real estate subject to development rights, labeled to identify the rights applicable to each parcel, but plats and plans need not designate or label which development rights are applicable to each parcel if that information is clearly delineated in the declaration;

(4) the extent of any encroachments by or on any portion of the common interest community;

(5) to the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the common interest community;

(6) except as otherwise provided in subsection (h) of this section, the approximate location and dimensions of any vertical unit boundaries not shown or projected on plans recorded pursuant to subsection (d) of this section and that unit's identifying number;

(7) except as otherwise provided in subsection (h) of this section, the approximate location with reference to an established datum of any horizontal unit boundaries not shown or projected on plans recorded pursuant to subsection (d) of this section and that unit's identifying number;

(8) a legally sufficient description of any real estate in which the unit owners will own only an estate for years, labeled as “leasehold real estate”;

(9) the distance between noncontiguous parcels of real estate comprising the common interest community;

(10) the approximate location and dimensions of porches, balconies, and patios and excluding parking spaces allocated as limited common elements, and show or contain a narrative description of any other limited common elements; and

(11) in the case of real estate not subject to development rights, all other matters customarily shown on land plats.

(c) A plat may also show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the common interest community. Any contemplated improvement shown shall be labeled either “must be built” or “need not be built.”

(d) Except as otherwise provided in subsection (h) of this section, to the extent not shown or projected on the plats, plans of the units shall show or project:

(1) the approximate location and dimensions of the vertical boundaries of each unit and that unit's identifying number;

(2) the approximate location of any horizontal unit boundaries with reference to an established datum and that unit's identifying number; and

(3) the approximate location of any units in which the declarant has reserved the right to create additional units or common elements pursuant to subdivision 2-111(3) of this title, identified appropriately.

(e) Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside a building that have the same elevation as the horizontal boundaries of the inside part need not be depicted on the plats and plans.

(f) Upon exercising any development right, the declarant shall record either new plats and plans necessary to conform to the requirements of subsections (a), (b), and (d) of this section or new certifications of plats and plans previously recorded if those plats and plans otherwise conform to the requirements of those subsections.

(g) Any certification of a plat or plan required by this section shall be made by an independent professional surveyor, architect, or engineer, as appropriate and if authorized by the respective practice acts of each profession in 26 V.S.A. chapters 3, 20, and 45.

(h) Plats and plans need not show the location and dimensions of the units' boundaries or their limited common elements if:

(1) the plat shows the location and dimensions of all buildings containing or comprising the units; and

(2) the declaration includes other information that shows or contains a narrative description of the general layout of the units in those buildings and the limited common elements allocated to those units.
27 V.S.A. § 1532 — VT Code / Title 27 / Chapter 18 / Section 1532
§ 1532. Disposal of securities
Status: in_force

(a) The Administrator may not sell or otherwise liquidate a security until three years after the Administrator receives the security and gives the apparent owner notice under section 1503 of this title that the Administrator holds the security.

(b) The Administrator may not sell a security listed on an established stock exchange for less than the price prevailing on the exchange at the time of sale. The Administrator may sell a security not listed on an established exchange by any commercially reasonable method.
27 V.S.A. § 783 — VT Code / Title 27 / Chapter 7 / Section 783
§ 783. Procedure for transferring property
Status: in_force

An application for such an order and disposition of property may be made by any member of the Vermont Baptist State Convention when duly authorized by the board of trustees or the executive committee of the board of trustees of the Vermont Baptist State Convention, or by any member of such 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 the application. If upon examination by the court it appears 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 782 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 Baptist State Convention, it being the intention and purpose of this section and sections 781 and 782 of this title to preserve to the Baptist denomination in this State, as represented by the Vermont Baptist State 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 section and sections 781 and 782 of this title shall not affect reversionary interests of any person or persons in the property or any valid legal liens of creditors.
27 V.S.A. § 1463 — VT Code / Title 27 / Chapter 18 / Section 1463
§ 1463. When other tax-deferred account presumed abandoned
Status: in_force

Subject to section 1469 of this title and except for property described in section 1462 of this title and property held in a plan described in 26 U.S.C. § 529A, as may be amended, property held in an account or plan, including a health savings account, that qualifies for tax deferral under the income tax laws of the United States is presumed abandoned if it is unclaimed by the apparent owner three years after the earlier of:

(1) the date, if determinable by the holder, specified in the income tax laws and regulations of the United States by which distribution of the property must begin to avoid a tax penalty, with no distribution having been made; or

(2) 30 years after the date the account was opened.
27 V.S.A. § 1452 — VT Code / Title 27 / Chapter 18 / Section 1452
§ 1452. Definitions
Status: repealed

As used in this chapter:

(1) “Administrator” means the Vermont State Treasurer.

(2) “Administrator's agent” means a person with whom the Administrator contracts to conduct an examination pursuant to subchapter 10 of this chapter on behalf of the Administrator. The term includes an independent contractor of the person and each individual participating in the examination on behalf of the person or contractor.

(3) “Apparent owner” means a person whose name appears on the records of a holder as the owner of property held, issued, or owing by the holder.

(4) “Business association” means a corporation; joint stock company; investment company other than an investment company registered under the Investment Company Act of 1940, as may be amended, 15 U.S.C. §§ 80a-1 through 80a-64; partnership; unincorporated association; joint venture; limited liability company; business trust; trust company; land bank; safe deposit company; safekeeping depository; financial organization; insurance company; federally chartered entity; utility; sole proprietorship; or other business entity, whether or not for profit.

(5) “Confidential information” means records, reports, and information that are confidential under section 1612 of this title.

(6) “Domicile” means:

(A) for a corporation, the state of its incorporation;

(B) for a business association whose formation requires a filing with a state, other than a corporation, the state of its filing;

(C) for a federally chartered entity or an investment company registered under the Investment Company Act of 1940, as may be amended, 15 U.S.C. §§ 80a-1 through 80a-64, the state of its home office; and

(D) for any other holder, the state of its principal place of business.

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

(8) “Electronic mail” means a communication by electronic means that is automatically retained and stored and may be readily accessed or retrieved.

(9) “Financial organization” means a savings and loan association, building and loan association, savings bank, industrial bank, bank, banking organization, or credit union.

(10) “Game-related digital content” means digital content that exists only in an electronic game or electronic-game platform. The term:

(A) includes:

(i) game-play currency such as a virtual wallet, even if denominated in U.S. currency; and

(ii) the following if for use or redemption only within the game or platform or another electronic game or electronic-game platform:

(I) points sometimes referred to as gems, tokens, gold, and similar names; and

(II) digital codes; and

(B) does not include an item that the issuer:

(i) permits to be redeemed for use outside a game or platform for:

(I) money; or

(II) goods or services that have more than minimal value; or

(ii) otherwise monetizes for use outside a game or platform.

(11) “Gift card” means:

(A) a stored-value card:

(i) the value of which does not expire;

(ii) that may be decreased in value only by redemption for merchandise, goods, or services; and

(iii) that, unless required by law, may not be redeemed for or converted into money or otherwise monetized by the issuer; and

(B) includes a prepaid commercial mobile radio service, as defined in 47 C.F.R. § 20.3, as may be amended.

(12) “Holder” means a person obligated to hold for the account of, or to deliver or pay to, the owner, property subject to this chapter.

(13) “Insurance company” means an association, corporation, or fraternal or mutual-benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities, or insurance, including accident, burial, casualty, credit-life, contract-performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage-protection, and workers' compensation insurance.

(14) “Loyalty card” means a record given without direct monetary consideration under an award, reward, benefit, loyalty, incentive, rebate, or promotional program that may be used or redeemed only to obtain goods or services or a discount on goods or services. The term does not include a record that may be redeemed for money or otherwise monetized by the issuer.

(15) “Mineral” means gas, oil, coal, oil shale, other gaseous liquid or solid hydrocarbon, cement material, sand and gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resources, and any other substance defined as a mineral by law of this State other than this chapter.

(16) “Mineral proceeds” means an amount payable for extraction, production, or sale of minerals, or, on the abandonment of the amount, an amount that becomes payable after abandonment. The term includes an amount payable:

(A) for the acquisition and retention of a mineral lease, including a bonus, royalty, compensatory royalty, shut-in royalty, minimum royalty, and delay rental;

(B) for the extraction, production, or sale of minerals, including a net revenue interest, royalty, overriding royalty, extraction payment, and production payment; and

(C) under an agreement or option, including a joint-operating agreement, unit agreement, pooling agreement, and farm-out agreement.

(17) “Money order” means a payment order for a specified amount of money. The term includes an express money order and a personal money order on which the remitter is the purchaser.

(18) “Municipal bond” means a bond or evidence of indebtedness issued by a municipality or other political subdivision of a state.

(19) “Net card value” means the original purchase price or original issued value of a stored-value card, plus amounts added to the original price or value, minus amounts used and any service charge, fee, or dormancy charge permitted by law.

(20) “Non-freely transferable security” means a security that cannot be delivered to the Administrator by the Depository Trust Clearing Corporation or similar custodian of securities providing post-trade clearing and settlement services to financial markets or cannot be delivered because there is no agent to effect transfer. The term includes a worthless security.

(21) “Owner” means a person that has a legal, beneficial, or equitable interest in property subject to this chapter or the person's legal representative when acting on behalf of the owner. The term includes:

(A) a depositor, for a deposit;

(B) a beneficiary, for a trust other than a deposit in trust;

(C) a creditor, claimant, or payee, for other property; and

(D) the lawful bearer of a record that may be used to obtain money, a reward, or a thing of value.

(22) “Payroll card” means a record that evidences a payroll-card account as defined in Regulation E, 12 C.F.R. Part 1005, as may be amended.

(23) “Person” means an individual, estate, business association, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(24) “Property” means tangible property described in section 1465 of this title or a fixed and certain interest in intangible property held, issued, or owed in the course of a holder's business or by a government, governmental subdivision, agency, or instrumentality. The term:

(A) includes all income from or increments to the property;

(B) includes property referred to as or evidenced by:

(i) money, virtual currency, interest, or a dividend, check, draft, deposit, or payroll card;

(ii) a credit balance, customer's overpayment, stored-value card, security deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds, or unidentified remittance;

(iii) a security except for:

(I) a worthless security; or

(II) a security that is subject to a lien, legal hold, or restriction evidenced on the records of the holder or imposed by operation of law, if the lien, legal hold, or restriction restricts the holder's or owner's ability to receive, transfer, sell, or otherwise negotiate the security;

(iv) a bond, debenture, note, or other evidence of indebtedness;

(v) money deposited to redeem a security, make a distribution, or pay a dividend;

(vi) an amount due and payable under an annuity contract or insurance policy; and

(vii) an amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit-sharing, employee-savings, supplemental-unemployment insurance, or a similar benefit; and

(C) does not include:

(i) [Repealed.]

(ii) game-related digital content;

(iii) a loyalty card; or

(iv) a gift card.

(25) “Putative holder” means a person believed by the Administrator to be a holder, until the person pays or delivers to the Administrator property subject to this chapter or the Administrator or a court makes a final determination that the person is or is not a holder.

(26) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. Records of the holder include records maintained by a third party that has contracted with the holder.

(27) “Security” means:

(A) a security as defined in 9A V.S.A. § 8-102;

(B) a security entitlement as defined in 9A V.S.A. § 8-102, including a customer security account held by a registered broker-dealer, to the extent the financial assets held in the security account are not:

(i) registered on the books of the issuer in the name of the person for which the broker-dealer holds the assets;

(ii) payable to the order of the person; or

(iii) specifically indorsed to the person; or

(C) an equity interest in a business association not included in subdivisions (A) or (B) of this subdivision.

(28) “Sign” means, with present intent to authenticate or adopt a record:

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an electronic symbol, sound, or process.

(29) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(30) “Stored-value card” means a record evidencing a promise made for consideration by the seller or issuer of the record that goods, services, or money will be provided to the owner of the record to the value or amount shown in the record. The term:

(A) includes:

(i) a record that contains or consists of a microprocessor chip, magnetic strip, or other means for the storage of information, that is prefunded, and whose value or amount is decreased on each use and increased by payment of additional consideration; and

(ii) a payroll card; and

(B) does not include a loyalty card, gift card, or game-related digital content.

(31) “Utility” means a person that owns or operates for public use a plant, equipment, real property, franchise, or license for the following public services:

(A) transmission of communications or information;

(B) production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas; or

(C) provision of sewage or septic services or trash, garbage, or recycling disposal.

(32) “Virtual currency” means a digital representation of value used as a medium of exchange, unit of account, or store of value that does not have legal tender status recognized by the United States. The term does not include:

(A) the software or protocols governing the transfer of the digital representation of value;

(B) game-related digital content; or

(C) a loyalty card.

(33) “Worthless security” means a security whose cost of liquidation and delivery to the Administrator would exceed the value of the security on the date a report is due under this chapter.
27 V.S.A. § 466 — VT Code / Title 27 / Chapter 5 / Section 466
§ 466. Notice to parties
Status: in_force

The application provided in section 465 of this title shall state the names and addresses of all parties in interest, so far as they are known to the applicant, and the Probate Division of the Superior Court shall order such notice by registered mail, publication, or service of process, as to it shall seem proper to protect the rights of all parties in interest. Failure on the part of a party in interest to receive such notice shall be ground for relief under 12 V.S.A. § 2357 if the party is possessed of enforceable rights that are prejudiced by the discharge of a mortgage as aforesaid.
27 V.S.A. § 106 — VT Code / Title 27 / Chapter 3 / Section 106
§ 106. Forfeiture and sale
Status: in_force

(a) When there are minor children living, an executor or administrator may make application to the Probate Division of the Superior Court to sell such homestead, such application stating the facts on which it is based, where:

(1) the widow or surviving husband was not living with the deceased husband or wife at the time of the death of the other and had not resided at the homestead for two years immediately prior to such death through the fault of such widow or surviving husband; or

(2) such widow or surviving husband has left the homestead and his or her residence cannot be ascertained after diligent inquiry by the executor or administrator of the deceased spouse.

(b) After personal notice where possible or after order of publication thereon complied with, the Probate Division of the Superior Court may grant a license to the executor or administrator to sell the homestead if upon hearing it finds that such widow or surviving husband resided away from the homestead through his or her own fault or with the intention to abandon the minor children of the deceased. If the Probate Division of the Superior Court shall embody in such license a clause to such effect, such widow or surviving husband shall lose all right in and to such homestead. The net proceeds of such sale shall be assigned by the Probate Division of the Superior Court to such minor children for their use and benefit.
27A V.S.A. § 114 — VT Code / Title 27A / Chapter 1 / Section 114
§ 1-114. Remedies to be liberally administered
Status: repealed

(a) The remedies provided by this title shall be liberally administered so that the aggrieved party is placed in the position the aggrieved party would have been if the other party had fully performed. However, consequential, special, or punitive damages shall not be awarded except as specifically provided in this title or pursuant to other laws.

(b) [Repealed.]
27 V.S.A. § 1553 — VT Code / Title 27 / Chapter 18 / Section 1553
§ 1553. Claim for property by person claiming to be owner
Status: in_force

(a) A person claiming to be the owner of property held under this chapter by the Administrator may file a claim for the property on a form prescribed by the Administrator. The claimant must verify the claim as to its completeness and accuracy.

(b) The Administrator may waive the requirement in subsection (a) of this section and may pay or deliver property directly to a person if:

(1) the person receiving the property or payment is shown to be the apparent owner included on a report filed under section 1491 of this title;

(2) the Administrator reasonably believes the person is entitled to receive the property or payment; and

(3) the property has a value of less than $250.00.
27 V.S.A. § 702 — VT Code / Title 27 / Chapter 7 / Section 702
§ 702. Mortgage or conveyance of property
Status: in_force

Such master and wardens and such trustees, if authorized by a majority vote of the members of such lodge or organization present and voting at an annual, regular, or special communication or meeting thereof, subject to the constitution and bylaws of such lodge or organization, may sell, mortgage, and convey any or all of such real and personal estate.
27 V.S.A. § 1311 — VT Code / Title 27 / Chapter 15 / Section 1311
§ 1311. Contents of declaration
Status: reserved

The declaration shall contain the following particulars:

(1) Description of the land on which the building or sites and improvements are or are to be located.

(2) In the case of a building, a description of the building, stating the number of stories and basements, the number of apartments and the principal materials of which it is or is to be constructed; in the case of a mobile home park, a description of the entire property, stating the number of sites, the utilities and amenities provided to the several sites, the principal materials of which the mobile home foundations, walks, drives, and streets are or are to be constructed, and any buildings on the property.

(3) The apartment number of each apartment or site, and a statement of its location, approximate area, number of rooms in the case of an apartment, and immediate common area to which it has access, and any other data necessary for its proper identification.

(4) Description of the common areas and facilities.

(5) Description of the limited common areas and facilities, if any, stating to which apartments or sites their use is reserved.

(6) Value of the property and of each apartment or site, and the percentage of undivided interest in the common areas and facilities appertaining to each apartment or site and its owner for all purposes, including voting.

(7) Statement of the purposes for which each building and each of the apartments or sites are intended and restricted as to use.

(8) The name of a person to receive service of process in the cases provided in this section, together with the person's residence or place of business which shall be within the city or county where the property is located.

(9) Provision as to the percentage of votes by the apartment or site owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all or part of the property.

(10) Any further details in connection with the property that the person executing the declaration may consider desirable to set forth consistent with this chapter.

(11) The method by which the declaration may be amended, consistent with this chapter.

(12) Reference to recorded floor plan in the case of a building or site plan in the case of a mobile home park, and recorded lot plan.
27A V.S.A. § 210 — VT Code / Title 27A / Chapter 1 / Section 210
§ 1-210. Other exempt real estate arrangements
Status: in_force

(a) An arrangement between the associations for two or more common interest communities to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in their arrangement or declarations does not create a separate common interest community.

(b) An arrangement between an association and the owner of real estate that is not part of a common interest community to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in their arrangement does not create a separate common interest community. However, assessments against the units in the common interest community required by the arrangement must be included in the periodic budget for the common interest community, and the arrangement must be disclosed in all public offering statements and resale certificates required by this title.
27 V.S.A. § 1319 — VT Code / Title 27 / Chapter 15 / Section 1319
§ 1319. Contents of bylaws
Status: in_force

(a) The bylaws may provide for the following:

(1) The election from among the apartment or site owners of a board of directors, the number of persons constituting it, and that the terms of at least one-third of the directors shall expire annually; the powers and duties of the board; the compensation, if any, of the directors; the method of removal from office of directors; and whether or not the board may engage the services of a manager or managing agent.

(2) Method of calling meetings of the apartment or site owners; what percentage, if other than a majority, of apartment or site owners shall constitute a quorum.

(3) Election of a president from among the board of directors who shall preside over the meetings of the board of directors and of the association of owners.

(4) Election of a secretary who shall keep the minute book in which resolutions shall be recorded.

(5) Election of a treasurer who shall keep the financial records and books of account and shall report annually to owners.

(6) Maintenance, repair, and replacement of the common areas and facilities, including payments for the maintenance, repair, and replacements and the method of approving payment vouchers.

(7) Manner of collecting from the apartment or site owners their share of the common expenses.

(8) Authority over personnel necessary for the maintenance, repair, and replacement of the common areas and facilities.

(9) Method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the common areas and facilities.

(10) Such restrictions on and requirements respecting the use and maintenance of the apartments or sites and the use of the common areas and facilities, not set forth in the declaration, as are designed to prevent unreasonable interference with the use of their respective apartments or sites and of the common areas and facilities by the several apartment or site owners.

(11) The percentage of votes required to amend the bylaws.

(12) Other provisions considered necessary for the administration of the property consistent with this chapter.

(b) In the case of a mobile home park condominium of more than three units, the bylaws shall provide that no member or site owner shall have more than 30 percent of the aggregate association vote.
27 V.S.A. § 1541 — VT Code / Title 27 / Chapter 18 / Section 1541
§ 1541. Deposit of funds by administrator
Status: in_force

(a) All funds received under this chapter, including the proceeds from the sale of unclaimed property under subchapter 7 of this chapter shall immediately be received by the Administrator, except that the Administrator shall retain in a separate fund an amount not exceeding $100,000.00 or 55 percent of the funds received during the previous year, whichever is greater, from which the Administrator shall make prompt payment of claims duly allowed by the Administrator as provided in this section.

(b) The Administrator shall maintain an account with an amount of funds the Administrator reasonably estimates is sufficient to pay claims allowed under this chapter. If the aggregate amount of claims by owners allowed at any time exceeds the amount held in the account, an excess claim must be paid by the Administrator.
27A V.S.A. § 114 — VT Code / Title 27A / Chapter 2 / Section 114
§ 2-114. Easement for encroachments
Status: in_force

To the extent that any unit or common element in a common interest community encroaches on any other unit or common element, a valid easement for the encroachment exists. The easement does not relieve a unit owner of liability for the owner's willful misconduct nor relieve a declarant or any other person of liability for failure to adhere to any plats and plans.
27 V.S.A. § 1305 — VT Code / Title 27 / Chapter 15 / Section 1305
§ 1305. Ownership of apartments or sites
Status: in_force

Each apartment or site owner shall be entitled to the exclusive ownership and possession of his or her apartment or site.
27 V.S.A. § 348 — VT Code / Title 27 / Chapter 5 / Section 348
§ 348. Instruments concerning real property validated
Status: in_force

(a) When an instrument of writing shall have been on record in the office of the clerk in the proper town for a period of 15 years, and there is a defect in the instrument because it omitted to state any consideration or was not sealed, witnessed, acknowledged, validly acknowledged, or because a license to sell was not issued or is defective, the instrument shall, from and after the expiration of 15 years from the filing thereof for record, be valid. Nothing in this section shall be construed to affect any rights acquired by grantees, assignees, or encumbrancers under the instruments described in the preceding sentence, nor shall this section apply to conveyances or other instruments of writing, the validity of which is brought in question in any suit now pending in any courts of the State.

(b) Notwithstanding subsection (a) of this section, any deed, mortgage, lease, power of attorney, release, discharge, assignment, or other instrument made for the purpose of conveying, leasing, mortgaging, or affecting any interest in real property that contains any one or more of the following errors is valid unless, within three years after the instrument is recorded, an action challenging its validity is commenced and a copy of the complaint is recorded in the land records of the town where the instrument is recorded:

(1) The instrument contains a defective acknowledgment.

(2) In the case of a conveyance by a corporation, limited liability company, partnership, limited partnership, or limited liability partnership, or by any other entity authorized to hold and convey title to real property within this State, the instrument designated such entity as the grantor but was signed or acknowledged by an individual in the individual capacity of such person, or fails to disclose the authority of the individual who executes and acknowledges the instrument.

(3) The instrument contains an incorrect statement of the date of execution, or contains an execution date, or other date that is later than the date of the recording. In case of such conflict, the date of recording prevails.

(4) The instrument does not contain a statement of consideration.

(5) The acknowledgement clause of an instrument executed by an attorney-in-fact inaccurately recites the personal appearance of the principal and not the attorney-in-fact who personally appeared on behalf of the principal.

(c) Notwithstanding the provisions of subsection (a) of this section, any deed, mortgage, lease, power of attorney, release, discharge, assignment, or other instrument made for the purpose of conveying, leasing, mortgaging, or affecting any interest in real property that is executed pursuant to a recorded power of attorney and contains one or more of the following errors or omissions is valid as if it had been executed without the error or omission:

(1) The instrument was executed by an attorney-in-fact but was signed or acknowledged by the attorney-in-fact without reference to his or her capacity.

(2) The instrument was executed by an attorney-in-fact but does not reference the power of attorney.

(3) The power of attorney was effective at the time the instrument was executed but is recorded after the instrument is recorded.

(d) A release, discharge, or assignment of mortgage interest executed by a commercial lender with respect to a one- to four-family residential real property, including a residential unit in a condominium or in a common interest community as defined in Title 27A, that recites authority to act on behalf of the record holder of the mortgage under a power of attorney but where the power of attorney is not of record shall have the same effect as if executed by the record holder of the mortgage unless, within three years after the instrument is recorded, an action challenging the release, discharge, or assignment is commenced and a copy of the complaint is recorded in the land records of the town where the release, discharge, or assignment is recorded. This subsection shall not apply to releases, discharges, or assignments obtained by fraud or forgery.

(e) A power of attorney made for the purpose of conveying, leasing, mortgaging, or affecting any interest in real property that has been acknowledged and signed in the presence of at least one witness shall be valid, notwithstanding its failure to comply with 14 V.S.A. § 3503 or the requirements of the Emergency Administrative Rules for Remote Notarial Acts adopted by the Vermont Secretary of State, unless within three years after recording, an action challenging its validity is commenced and a copy of the complaint is recorded in the land records of the town where the power of attorney is recorded. This subsection shall not apply to a power of attorney obtained by fraud or forgery.

(f) Notwithstanding section 305 of this title, a deed, mortgage, lease, or other instrument executed for the purpose of conveying or encumbering real property executed by a person purporting to act as the agent or attorney-in-fact for the party named in the deed, mortgage, lease, or other instrument that has been recorded for at least 15 years in the land records where the real property is located shall be valid even if no power of attorney authorizing and empowering an agent or attorney-in-fact appears of record, unless, within 15 years after recording, an action challenging the validity of the deed, mortgage, lease, or other instrument is commenced and a copy of the complaint is recorded in the land records of the town where the property is located. This subsection shall not apply to an instrument obtained by fraud or forgery.
27A V.S.A. § 102 — VT Code / Title 27A / Chapter 4 / Section 102
§ 4-102. Liability for public offering statement requirements
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, a declarant shall prepare a public offering statement conforming to the requirements of sections 4-103, 4-104, 4-105, and 4-106 of this title before offering any interest in a unit to the public.

(b) A declarant may transfer responsibility for preparation of all or a part of the public offering statement to a successor declarant or to a dealer who intends to offer units in the common interest community. In the event of any such transfer, the transferor shall provide the transferee with any information necessary to enable the transferee to fulfill the requirements of subsection (a) of this section.

(c) Any declarant or dealer who offers a unit to a purchaser shall deliver a public offering statement in the manner prescribed in subsection 4-103(a) of this title. The declarant who prepared all or a part of the public offering statement is liable under section 4-117 of this title for any false or misleading statement stated in it or for any omission of material fact therefrom.

(d) If a unit is part of a common interest community and is part of any other real estate regime in connection with the sale of which the delivery of a public offering statement is required under the laws of this state, a single public offering statement conforming to the requirements of sections 4-103, 4-104, 4-105, and 4-106 of this title, as they relate to each regime in which the unit is located, and to any other requirements imposed by law may be prepared and delivered in lieu of providing two or more public offering statements.
27A V.S.A. § 104 — VT Code / Title 27A / Chapter 3 / Section 104
§ 3-104. Transfer of special declarant rights
Status: reserved

(a) A special declarant right may be transferred only by an instrument executed by the transferee and recorded in each municipality in which any portion of the common interest community is located.

(b) Upon transfer of a special declarant right, the liabilities are as follows:

(1) A transferor remains liable for obligations and actions arising before the transfer of special declarant rights and warranty obligations imposed by this title. Lack of privity does not deprive any unit owner of standing to bring an action to enforce any obligation of the transferor.

(2) If a successor to a special declarant right is an affiliate of a declarant, the transferor is jointly and severally liable with the successor for any obligations or liabilities of the successor relating to the common interest community.

(3) If a transferor retains special declarant rights, but transfers other special declarant rights to a successor who is not an affiliate of the declarant, the transferor remains liable in regard to the retained special declarant rights.

(4) A transferor has no liability for any act or omission or any breach of a contractual or warranty obligation arising from the exercise of a special declarant right by a successor declarant who is not an affiliate of the transferor.

(c) Unless otherwise provided in a mortgage instrument, deed of trust, or other agreement creating a security interest, in case of foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale, or sale under bankruptcy code or receivership proceedings, of any units owned by a declarant or real estate in a common interest community subject to development rights, a person acquiring title to all the property being foreclosed or sold, but only upon his or her request, succeeds to all special declarant rights related to that property held by that declarant, or only to any rights reserved in the declaration pursuant to section 2-115 of this title and held by that declarant to maintain models, sales offices, and signs. The judgment or instrument conveying title must provide for transfer of only the special declarant rights requested.

(d) Upon foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale, or sale under bankruptcy code or receivership proceedings, of all interest in a common interest community owned by a declarant:

(1) the declarant ceases to have any special declarant rights, and

(2) the period of declarant control (subsection 3-103(d) of this title) terminates unless the judgment or instrument conveying title provides for transfer of all special declarant rights held by that declarant to a successor declarant.

(e) The liabilities and obligations of a person who succeeds to special declarant rights are as follows:

(1) A successor to any special declarant right who is an affiliate of a declarant is subject to all obligations and liabilities imposed on the transferor by this title or by the declaration.

(2) A successor to any special declarant right, other than a successor described in subdivision (3) or (4) of this subsection or a successor who is an affiliate of a declarant, is subject to the obligations and liabilities imposed by this title or the declaration:

(A) on a declarant that relate to the successor's exercise or nonexercise of special declarant rights; or

(B) on his or her transferor, other than:

(i) misrepresentations by any previous declarant;

(ii) warranty obligations on improvements made by any previous declarant, or made before the common interest community was created;

(iii) breach of any fiduciary obligation by any previous declarant or his or her appointees to the executive board; or

(iv) any liability or obligation imposed on the transferor as a result of the transferor's acts or omissions after the transfer.

(3) A successor to only a right reserved in the declaration to maintain models, sales offices, and signs (section 2-115 of this title), may not exercise any other special declarant right, and is not subject to any liability or obligation as a declarant, except the obligation to provide a public offering statement and any liability arising as a result thereof.

(4) A successor to all special declarant rights held by a transferor who succeeded to those rights pursuant to a deed or other instrument of conveyance in lieu of foreclosure or a judgment or instrument conveying title under subsection (c) of this section, may declare in a recorded instrument the intention to hold those rights solely for transfer to another person. Thereafter, until transferring all special declarant rights to any person acquiring title to any unit or real estate subject to development rights owned by the successor, or until recording an instrument permitting exercise of all those rights, that successor may not exercise any of those rights other than any right held by his or her transferor to control the executive board in accordance with subsection 3-103(d) of this title for the duration of any period of declarant control, and any attempted exercise of those rights is void. So long as a successor declarant may not exercise special declarant rights under this subsection, the successor declarant is not subject to any liability or obligation as a declarant other than liability for his or her acts and omissions under subsection 3-103(d) of this title.

(f) Nothing in this section subjects any successor to a special declarant right to any claims against or other obligations of a transferor declarant, other than claims and obligations arising under this title or the declaration.
27 V.S.A. § 1002 — VT Code / Title 27 / Chapter 9 / Section 1002
§ 1002. Control of wharves
Status: in_force

Wharves, storehouses, or breakwaters erected agreeably to the provisions of grants previously made or of this chapter may be exclusively used and controlled by the persons erecting them, their heirs, or their assigns.
27A V.S.A. § 117 — VT Code / Title 27A / Chapter 2 / Section 117
§ 2-117. Amendment of declaration
Status: reserved

(a) Except in cases of amendments that may be executed by a declarant under subsection 2-109(f) or section 2-110 of this title, or the association under subsections 2-106(d), 2-108(c), and 2-112(a) or section 2-113 of this title, or by certain unit owners under subsection 2-108(b), 2-112(a), 2-113(b), or 2-118(b) of this title, and except as limited by other subsections of this section, the declaration, including any plats and plans, may be amended only by vote or agreement of unit owners of units to which at least 67 percent of the votes in the association is allocated unless the declaration specifies a different percentage for all amendments or for specific subjects of amendment. If the declaration requires the approval of another person as a condition of its effectiveness, the amendment is not valid without that approval.

(b) No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.

(c) Every amendment to the declaration shall be recorded in every town in which any portion of the common interest community is located, and is effective only upon recordation. An amendment, except an amendment pursuant to subsection 2-112(a) of this title, shall be indexed in the grantee's index in the name of the common interest community and the association, and in the grantor's index in the name of the parties executing the amendment.

(d) Except to the extent expressly permitted or required by other provisions of this title, no amendment may create or increase special declarant rights, increase the number of units, change the boundaries of any unit, or change the allocated interests of a unit, or the uses to which any unit is restricted, in the absence of unanimous consent of the unit owners.

(e) Amendments to the declaration required by this title to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.

(f) Provisions in the declaration creating special declarant rights that have not expired may not be amended without the consent of the declarant.

(g) The time limits specified in the declaration pursuant to subdivision 2-105(a)(8) of this title within which reserved development rights must be exercised may be extended, and additional development rights may be created, if persons entitled to cast at least 80 percent of the votes in the association, including 80 percent of the votes allocated to units not owned by the declarant, agree to that action. The agreement is effective 30 days after an amendment to the declaration reflecting the terms of the agreement is recorded unless all the persons holding the affected special declarant rights, or security interests in those rights, record a written objection within the 30-day period, in which case the amendment is void, or consent in writing at the time the amendment is recorded, in which case the amendment is effective when recorded.

(h) If any provision of this title or of the declaration requires the consent of a holder of a security interest in a unit as a condition to the effectiveness of an amendment to the declaration, that consent is deemed granted if a refusal to consent in a record is not received by the association within 60 days after the association delivers notice of the proposed amendment to the holder at an address for notice provided by the holder or mails the notice to the holder by certified mail, return receipt requested, at that address. If the holder has not provided to the association an address for notice, the association shall provide notice to the address in the security interest of record. Notwithstanding this section, an amendment to the declaration that affects the priority of a holder's security interest or the ability of that holder to foreclose its security interest may not be adopted without that holder's consent in a record if the declaration requires that consent as a condition to the effectiveness of the amendment.

(i) If the declaration contains a provision requiring that amendments to the declaration may be adopted only by the vote or agreement of unit owners of units to which more than 80 percent of the votes in the association are allocated, the amendment is approved:

(1) if:

(A) unit owners of units to which at least 80 percent of the votes in the association are allocated vote for or agree to the proposed amendment;

(B) no unit owner votes against the proposed amendment; and

(C) notice of the proposed amendment is delivered to the unit owners holding the votes in the association that have not voted or agreed to the proposed amendment and no written objection to the proposed amendment is received by the association within 60 days after the association delivers notice; or

(2) unit owners of units to which at least 80 percent of the votes in the association are allocated vote for or agree to the proposed amendment but at least one unit owner objects to the proposed amendment and, pursuant to an action brought by the association in the Superior Court for the county in which the common interest community is located against all objecting unit owners, the court finds that the objecting unit owners do not have an interest, different in kind from the interests of the other unit owners, that the voting requirement of the declaration was intended to protect.

(j) An amendment to the declaration may prohibit or materially restrict the permitted uses of or behavior in a unit or the number or other qualifications of persons who may occupy units only by vote or agreement of unit owners of units to which at least 80 percent of the votes in the association are allocated, unless the declaration specifies that a larger percentage of unit owners must vote or agree to that amendment or that such an amendment may be approved by unit owners of units having at least 80 percent of the votes of a specified group of units that would be affected by the amendment. An amendment approved under this subsection must provide reasonable protection for a use or occupancy permitted at the time the amendment was adopted.
27 V.S.A. § 1618 — VT Code / Title 27 / Chapter 18 / Section 1618
§ 1618. Indemnification for breach
Status: in_force

(a) If a claim is made or action commenced arising out of an event described in subsection 1617(a) of this title relating to confidential information possessed by the Administrator's agent, the Administrator's agent shall indemnify, defend, and hold harmless a holder and the holder's affiliates, officers, directors, employees, and agents as to:

(1) any claim or action; and

(2) a liability, obligation, loss, damage, cost, fee, penalty, fine, settlement, charge, or other expense, including reasonable attorney's fees and costs, established by the claim or action.

(b) The Administrator shall require an Administrator's agent that will receive confidential information required under this chapter to maintain adequate insurance for indemnification obligations of the Administrator's agent under subsection (a) of this section. The agent required to maintain the insurance shall provide evidence of the insurance to:

(1) the Administrator not less frequently than annually; and

(2) the holder on commencement of an examination and annually thereafter until all confidential information is returned or destroyed under subsection 1406(e) of this title.
27 V.S.A. § 441 — VT Code / Title 27 / Chapter 5 / Section 441
§ 441. Manner of mortgaging machinery
Status: in_force

Machinery attached to or used in a shop, mill, quarry, mine, printing office, or factory may be mortgaged by deed executed, acknowledged and recorded as deeds of real estate. Such mortgages may be assigned, discharged, or foreclosed as mortgages of real estate.
27A V.S.A. § 105 — VT Code / Title 27A / Chapter 3 / Section 105
§ 3-105. Termination of contracts and leases of declarant
Status: in_force

(a) Within two years after the executive board elected by the unit owners pursuant to subsection 3-103(f) of this title takes office, the association may terminate without penalty, upon at least 90 days' notice to the other party, any of the following if entered into before the executive board was elected:

(1) any management, maintenance, operations, or employment contract, or lease of recreational or parking areas or facilities; or

(2) any other contract or lease between the association and a declarant or an affiliate of a declarant.

(b) At any time after the executive board elected by the unit owners pursuant to subsection 3-103(f) of this title takes office, the association may terminate without penalty, upon at least 90 days' notice to the other party, any contract or lease that is not bona fide or was unconscionable to the unit owners at the time the contract was entered into.

(c) This section does not apply to a lease that if terminated would terminate the common interest community or reduce its size, unless the real estate subject to that lease was included in the common interest community for the purpose of avoiding the right of the association to terminate a lease under this section.
27 V.S.A. § 1563 — VT Code / Title 27 / Chapter 18 / Section 1563
§ 1563. Rules for conducting examination
Status: in_force

(a) The Administrator shall adopt rules governing procedures and standards for an examination under section 1562 of this title, including rules for use of an estimation, extrapolation, and statistical sampling in conducting an examination.

(b) An examination under section 1562 of this title must be performed under rules adopted under subsection (a) of this section and with generally accepted examination practices and standards applicable to an unclaimed-property examination.

(c) If a person subject to examination under section 1562 of this title has filed the reports required under sections 1491 and 1561 of this title and has retained the records required by section 1494 of this title, the following rules apply:

(1) The examination must include a review of the person's records.

(2) The examination may not be based on an estimate unless the person expressly consents in a record to the use of an estimate.

(3) The person conducting the examination shall consider the evidence presented in good faith by the person in preparing the findings of the examination under section 1567 of this title.