reglab/housing_qa huggingface dataset:
NE Code § 76-829 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-829 - Unit; separate treatment; taxation.

76-829.  Unit; separate treatment; taxation.(a) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate.(b) If there is any unit owner other than a declarant, each unit must be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements for which a declarant has reserved no development rights.(c) If there is no unit owner other than a declarant, the real estate comprising the condominium may be taxed and assessed in any manner provided by law.Source  Laws 1983, LB 433, § 5.
NE Code § 76-830 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-830 - Applicability of local ordinances, regulations, and building codes.

76-830.  Applicability of local ordinances, regulations, and building codes.A zoning, subdivision, building code, or other real estate use law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a physically identical development under a different form of ownership. Otherwise, no provision of sections 76-825 to 76-894 invalidates or modifies any provision of any zoning, subdivision, building code, or other real estate use law, ordinance, or regulation.Source  Laws 1983, LB 433, § 6.
NE Code § 76-831 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-831 - Unit; eminent domain; conditions.

76-831.  Unit; eminent domain; conditions.(a) If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the unit owner for his or her unit and its interest, in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element.(b) Except as provided in subsection (a) of this section, if part of a unit is acquired by eminent domain, the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, (1) that unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration, and (2) the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.(c) If part of the common elements is acquired by eminent domain the portion of the award attributable to the common elements taken must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.(d) The court decree shall be recorded in every county in which any portion of the condominium is located.Source  Laws 1983, LB 433, § 7.
NE Code § 76-832 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-832 - Supplemental, general provisions of law applicable.

76-832.  Supplemental, general provisions of law applicable.The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of sections 76-825 to 76-894, except to the extent inconsistent with sections 76-825 to 76-894.Source  Laws 1983, LB 433, § 8.
NE Code § 76-833 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-833 - Construction against implicit repeal.

76-833.  Construction against implicit repeal.Sections 76-825 to 76-894 being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.Source  Laws 1983, LB 433, § 9.
NE Code § 76-834 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-834 - Uniformity of application and construction.

76-834.  Uniformity of application and construction.Sections 76-825 to 76-894 shall be applied and construed so as to effectuate their general purpose to make uniform the law with respect to the subject of sections 76-825 to 76-894 among states enacting such sections.Source  Laws 1983, LB 433, § 10.
NE Code § 76-835 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-835 - Severability.

76-835.  Severability.If any provision of sections 76-825 to 76-894 or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of sections 76-825 to 76-894 which can be given effect without the invalid provisions or applications, and to this end the provisions of sections 76-825 to 76-894 are severable.Source  Laws 1983, LB 433, § 11.
NE Code § 76-835.01 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-835.01 - Unconscionable agreement or term of contract.

76-835.01.  Unconscionable agreement or term of contract.(a) The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unconscionable clause in order to avoid an unconscionable result.(b) Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present evidence as to:(1) The commercial setting of the negotiations;(2) Whether a party has knowingly taken advantage of the inability of the other party reasonably to protect his or her interests by reason of physical or mental infirmity, illiteracy, or inability to understand the language of the agreement or similar factors;(3) The effect and purpose of the contract or clause; and(4) If a sale, any gross disparity, at the time of contracting, between the amount charged for the real estate and the value of the real estate measured by the price at which similar real estate was readily obtainable in similar transactions, but a disparity between the contract price and the value of the real estate measured by the price at which similar real estate was readily obtainable in similar transactions does not, of itself, render the contract unconscionable.Source  Laws 1993, LB 478, § 14.
NE Code § 76-836 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-836 - Obligation of good faith.

76-836.  Obligation of good faith.Every contract governed by sections 76-825 to 76-894 imposes an obligation of good faith in its performance.Source  Laws 1983, LB 433, § 12.
NE Code § 76-837 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-837 - Remedies; how administered and enforced.

76-837.  Remedies; how administered and enforced.(a) The remedies provided by sections 76-825 to 76-894 shall be administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential or special damages may not be awarded except as specifically provided in sections 76-825 to 76-894 or by other rule of law.(b) Any right or obligation declared by sections 76-825 to 76-894 is enforceable by judicial proceeding.Source  Laws 1983, LB 433, § 13.
NE Code § 76-838 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-838 - Creation of condominium; procedure; additional units.

76-838.  Creation of condominium; procedure; additional units.(a) A condominium may be created pursuant to sections 76-825 to 76-894 only by recording a declaration executed in the same manner as a deed. The declaration must be recorded in every county in which any portion of the condominium is located.(b) An amendment to a declaration adding units to a condominium that would increase the voting rights of the declarant within the association shall not be effective for that purpose until the foundation of each building containing additional units has been substantially completed.Source   Laws 1983, LB 433, § 14;   Laws 1984, LB 1105, § 3.
NE Code § 76-839 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-839 - Common elements; unit boundaries.

76-839.  Common elements; unit boundaries.Except as provided by the declaration:(1) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements.(2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.(3) Subject to the provisions of paragraph (2) of this section, all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit.(4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.Source  Laws 1983, LB 433, § 15.
NE Code § 76-840 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-840 - Construction and validity of declaration and bylaws.

76-840.  Construction and validity of declaration and bylaws.(a) All provisions of the declaration and bylaws are severable.(b) The rule against perpetuities may not be applied to defeat any provision of the declaration, bylaws, rules, or regulations adopted pursuant to subdivision (a)(1) of section 76-860.(c) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with sections 76-825 to 76-894.(d) Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with sections 76-825 to 76-894. Whether a substantial failure impairs marketability is not affected by sections 76-825 to 76-894.Source  Laws 1983, LB 433, § 16.
NE Code § 76-841 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-841 - Legal description of unit; requirements.

76-841.  Legal description of unit; requirements.A description of a unit which sets forth the name of the condominium, the recording data for the declaration, the county in which the condominium is located, and the identifying number of the unit, is a sufficient legal description of that unit and all rights, obligations, and interests appurtenant to that unit which were created by the declaration or bylaws.Source  Laws 1983, LB 433, § 17.
NE Code § 76-842 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-842 - Declaration; contents.

76-842.  Declaration; contents.(a) The declaration for a condominium must contain:(1) the name of the condominium, which must include the word condominium or be followed by the words a condominium, and the name of the association;(2) the name of every county in which any part of the condominium is situated;(3) a legally sufficient description of the real estate included in the condominium;(4) a statement of the anticipated number of units which the declarant reserves the right to create, subject to an amendment of the declaration to add more units pursuant to the Nebraska Condominium Act;(5) a description of the boundaries of each unit created by the declaration, including the unit's identifying number;(6) a description of any limited common elements, other than those specified in subdivision (b)(8) of section 76-846;(7) a general description of any development rights and other special declarant rights defined in subdivision (23) of section 76-827 reserved by the declarant;(8) an allocation to each unit of the allocated interests in the manner described in section 76-844;(9) any restrictions on use, occupancy, and alienation of the units;(10) for a condominium project with more than fifteen units, exclusive of common area, a plan prepared by a licensed engineer or architect for the preventive maintenance of the condominium and all common elements therein, including, but not limited to, depreciation studies and reserve analyses, an annually updated five-year capital plan, and minimum financial reserves based on the reserve analyses; and(11) all matters required by sections 76-843 to 76-846, 76-852, and 76-853, and subsection (d) of section 76-861.(b) Except as otherwise provided in section 76-856, the declaration may contain any other matters the declarant deems appropriate.Source   Laws 1983, LB 433, § 18;  Laws 2013, LB442, § 3;  Laws 2020, LB808, § 41.
NE Code § 76-843 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-843 - Leasehold condominiums; requirements.

76-843.  Leasehold condominiums; requirements.(a) Any lease the expiration or termination of which may terminate the condominium or reduce its size, or a memorandum thereof, shall be recorded. Every lessor of those leases must sign the declaration, and the declaration shall state:(1) where the lease is recorded or a statement of where the complete lease may be inspected;(2) the date on which the lease is scheduled to expire;(3) a legally sufficient description of the real estate subject to the lease;(4) any right of the unit owners to redeem the reversion and the manner whereby those rights may be exercised, or a statement that they do not have those rights pursuant to the lease;(5) any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and(6) any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights.(b) After the declaration for a leasehold condominium is recorded, neither the lessor nor his or her successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of his or her share of the rent and otherwise complies with all covenants which, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest is not affected by failure of any other person to pay rent or fulfill any other covenant.(c) Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.(d) If the expiration or termination of a lease decreases the number of units in a condominium, the allocated interests shall be reallocated in accordance with subsection (a) of section 76-831 as though those units had been taken by eminent domain. Reallocations shall be confirmed by an amendment to the declaration prepared, executed, and recorded by the association.Source  Laws 1983, LB 433, § 19.
NE Code § 76-844 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-844 - Allocation of common elements, expenses, and votes; how made.

76-844.  Allocation of common elements, expenses, and votes; how made.(a) The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and a portion of the votes in the association, to each unit and state the formulas used to establish those allocations.(b) If units may be added to or withdrawn from the condominium, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal.(c) The declaration may provide: (i) that different allocations of votes shall be made to the units on particular matters specified in the declaration; (ii) for cumulative voting only for the purpose of electing members of the executive board; and (iii) for class voting on specified issues affecting the class if necessary to protect valid interests of the class. A declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by the Nebraska Condominium Act, nor may units constitute a class because they are owned by a declarant.(d) Except for minor variations due to rounding, the sum of the undivided interests in the common elements and common expense liabilities allocated at any time to all the units must equal one if stated as fractions or one hundred percent if stated as percentages. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.(e) The common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated, is void.Source   Laws 1983, LB 433, § 20;  Laws 2020, LB808, § 42.
NE Code § 76-845 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-845 - Limited common elements; allocation; how made.

76-845.  Limited common elements; allocation; how made.(a) Except for the limited common elements described in subdivisions (2) and (4) of section 76-839, the declaration shall specify to which unit or units each limited common element is allocated. That allocation may not be altered without the consent of the unit owners whose units are affected.(b) Except as the declaration otherwise provided, a limited common element may be reallocated by an amendment to the declaration executed by the unit owners between or among whose units the reallocation is made. The persons executing the amendment shall provide a copy thereof to the association, which shall record it.(c) A common element not previously allocated as a limited common element may not be so allocated except pursuant to provisions in the declaration. The allocations shall be made by amendments to the declaration.Source  Laws 1983, LB 433, § 21.
NE Code § 76-846 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-846 - Plats and plans; requirements.

76-846.  Plats and plans; requirements.(a) Plats and plans are a part of the declaration. Separate plats and plans are not required by sections 76-825 to 76-894 if all the information required by this section is contained in either a plat or plan.(b) Each plat must show:(1) the name and a survey or general schematic map of the entire condominium;(2) the extent of any existing encroachments by or upon any portion of the condominium;(3) to the extent feasible, a legally sufficient description or drawing of all easements serving or burdening any portion of the condominium;(4) the 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;(5) the 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;(6) 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;(7) the distance between noncontiguous parcels of real estate comprising the condominium; and(8) the location and dimensions of limited common elements, including porches, balconies, and patios, other than parking spaces and the other limited common elements described in subdivisions (2) and (4) of section 76-839.(c) A plat may also show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the condominium. Any contemplated improvement shown must be labeled either Must Be Built or Need Not Be Built.(d) To the extent not shown or projected on the plats, plans of the units must show or project:(1) the location and dimensions of the vertical boundaries of each unit, and that unit's identifying number;(2) any horizontal unit boundaries, with reference to an established datum, and that unit's identifying number; and(3) any units in which the declarant has reserved the right to create additional units or common elements pursuant to subsection (c) of section 76-847, identified appropriately.(e) Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside of a building have the same elevation as the horizontal boundaries of the inside part, and 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 plat or plan required by sections 76-825 to 76-894 must be prepared by a registered surveyor, an architect, or a professional engineer.Source   Laws 1983, LB 433, § 22;   Laws 1997, LB 622, § 113.