reglab/housing_qa huggingface dataset:
NE Code § 76-847 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-847 - Exercise of development rights.

76-847.  Exercise of development rights.(a) To exercise any development right reserved under sections 76-825 to 76-894, the declarant shall prepare, execute, and record an amendment to the declaration pursuant to section 76-854 and comply with section 76-846. The declarant is the unit owner of any units thereby created. The amendment to the declaration must assign an identifying number to each new unit created, and, except in the case of subdivision or conversion of units described in subsection (b) of this section, reallocate the allocated interests among all units. The amendment must describe any common elements and any limited common elements thereby created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by section 76-845 regarding limited common elements.(b) Development rights may be reserved within any real estate added to the condominium if the amendment adding that real estate includes all matters required by sections 76-825 to 76-894, as the case may be and the plats and plans include all matters required by section 76-846.(c) Whenever a declarant exercises a development right to subdivide or convert a unit previously created into additional units, common elements, or both:(1) If the declarant converts the unit entirely to common elements, the amendment to the declaration must reallocate all the allocated interests of that unit among the other units as if that unit had been taken by eminent domain as provided in section 76-831.(2) If the declarant subdivides the unit into two or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.(d) If the declaration provides that all or a portion of the real estate is subject to the development right of withdrawal:(1) If all the real estate is subject to withdrawal, and the declaration does not describe separate portions of real estate subject to that right, none of the real estate may be withdrawn after a unit has been conveyed to a purchaser; and(2) If a portion or portions are subject to withdrawal, no portion may be withdrawn after a unit in that portion has been conveyed to a purchaser.Source  Laws 1983, LB 433, § 23.
NE Code § 76-848 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-848 - Alteration of units.

76-848.  Alteration of units.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 condominium;(2) may not change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the condominium, without permission of the association; and(3) after acquiring an adjoining unit or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures therein, 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 condominium. Removal of partitions or creation of apertures under this paragraph is not an alteration of boundaries.Source  Laws 1983, LB 433, § 24.
NE Code § 76-849 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-849 - Relocation of boundaries between units; procedure.

76-849.  Relocation of boundaries between units; procedure.(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 thirty days that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved, states the reallocations, is executed by those unit owners, and contains words of conveyance between them.(b) The association shall prepare and record plats or plans necessary to show the altered boundaries between adjoining units and their dimensions and identifying numbers.Source   Laws 1983, LB 433, § 25;   Laws 1984, LB 1105, § 4.
NE Code § 76-850 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-850 - Subdivision of units; procedure.

76-850.  Subdivision of units; procedure.(a) If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute, and record an amendment to the declaration, including the plats and plans, subdividing that unit.(b) The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit.Source  Laws 1983, LB 433, § 26.
NE Code § 76-851 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-851 - Easement for encroachment.

76-851.  Easement for encroachment.To the extent that any unit or common element 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 in case of his or her willful misconduct nor relieve a declarant or any other person of liability for failure to adhere to the plats and plans.Source  Laws 1983, LB 433, § 27.
NE Code § 76-852 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-852 - Use for sales purposes; restrictions.

76-852.  Use for sales purposes; restrictions.A declarant may maintain sales offices, management offices, and models in units or on common elements in the condominium only if the declaration so provides and specifies the rights of a declarant with regard to the number, size, location, and relocation thereof. Any sales office, management office, or model not designated a unit by the declaration is a common element, and if declarant ceases to be a unit owner, he or she ceases to have any rights with regard thereto unless it is removed promptly from the condominium in accordance with a right to remove reserved in the declaration. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the condominium. The provisions of this section are subject to the provisions of other state law, and to local ordinances.Source  Laws 1983, LB 433, § 28.
NE Code § 76-853 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-853 - Easement through common elements.

76-853.  Easement through common elements.Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights, whether arising under sections 76-825 to 76-894 or reserved in the declaration.Source  Laws 1983, LB 433, § 29.
NE Code § 76-854 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-854 - Amendment to declaration; procedure.

76-854.  Amendment to declaration; procedure.(a) Except in cases of amendments that may be executed by (1) a declarant under subsection (f) of section 76-846 or under section 76-847, (2) the association under section 76-831 or 76-850, subsection (d) of section 76-843, subsection (c) of section 76-845, or subsection (a) of section 76-849, or (3) certain unit owners under subsection (b) of section 76-845, subsection (a) of section 76-849, subsection (b) of section 76-850, or subsection (b) of section 76-855, and except as limited by subsection (d) of this section, the declaration, including the plats and plans, may be amended only by vote or agreement of unit owners of units to which at least sixty-seven percent of the votes in the association are allocated or any larger majority the declaration specifies up to eighty percent of the votes in the association exclusive of the declarant. The declaration may specify a smaller number only if all of the units are restricted exclusively to nonresidential use.(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 must be recorded in every county in which any portion of the condominium is located and is effective only upon recordation.(d) Except to the extent expressly permitted or required by other provisions of the Nebraska Condominium Act, no amendment may create or increase special declarant rights, increase the number of units, or change the boundaries of any unit, the allocated interests of a unit, or the uses to which any unit is restricted in the absence of the unanimous consent of the unit owners. In addition, no amendment may change the boundaries of any unit, increase the allocated interests of any unit, or change the uses to which any unit is restricted, without the consent of the owner of the unit.(e) Amendments to the declaration required by the act 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.Source   Laws 1983, LB 433, § 30;   Laws 1984, LB 1105, § 5;   Laws 1993, LB 478, § 15;  Laws 2020, LB808, § 43.
NE Code § 76-856 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-856 - Rights of secured lenders; restrictions on lien.

76-856.  Rights of secured lenders; restrictions on lien.The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to (i) deny or delegate control over the general administrative affairs of the association by the unit owners or the executive board, or (ii) prevent the association or the executive board from commencing, intervening in, or settling any litigation or proceeding, or receiving and distributing any insurance proceeds except pursuant to section 76-871. The declaration may not provide that a lien on a member's unit for any assessment levied against the unit relates back to the date of filing of the declaration or that such lien takes priority over any mortgage or deed of trust on the unit recorded subsequent to the filing of the declaration and prior to the recording by the association of the notice required under subsection (a) of section 76-874.Source   Laws 1983, LB 433, § 32;  Laws 2013, LB442, § 4.
NE Code § 76-858 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-858 - Merger or consolidation of condominiums; procedure.

76-858.  Merger or consolidation of condominiums; procedure.(a) Any two or more condominiums, by agreement of the unit owners as provided in subsection (b) of this section, may be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium is, for all purposes, the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single association which shall hold all powers, rights, obligations, assets, and liabilities of all preexisting associations.(b) An agreement of two or more condominiums to merge or consolidate pursuant to subsection (a) of this section must be evidenced by an agreement prepared, executed, recorded, and certified by the president of the association of each of the preexisting condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium. Any such agreement must be recorded in every county in which a portion of the condominium is located and is not effective until recorded.(c) Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium either (i) by stating the reallocations or the formulas upon which they are based or (ii) by stating the percentage of overall allocated interests of the new condominium which are allocated to all of the units comprising each of the preexisting condominiums, and providing that the portion of the percentages allocated to each unit formerly comprising a part of the preexisting condominium must be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting condominium.Source  Laws 1983, LB 433, § 34.
NE Code § 76-859 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-859 - Unit owners association; organization.

76-859.  Unit owners association; organization.A unit owners association must be organized no later than the date the units in the condominium equal to one-half of the total number of units plus one are conveyed. The membership of the association at all times shall consist exclusively of all the unit owners or, following termination of the condominium, of all former unit owners entitled to distributions of proceeds under section 76-855 or their heirs, successors, or assigns. The association shall be organized as a profit or nonprofit corporation or as an unincorporated association.Source   Laws 1983, LB 433, § 35;  Laws 2020, LB808, § 45.
NE Code § 76-860 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-860 - Unit owners association; powers.

76-860.  Unit owners association; powers.(a) Except as provided in subsection (b) of this section and subject to the provisions of the declaration, the association, even if unincorporated, may:(1) Adopt and amend bylaws and rules and regulations;(2) Adopt and amend budgets for revenue, expenditures, and reserves and collect assessments for common expenses from unit owners;(3) Hire and discharge managing agents and other employees, agents, and independent contractors;(4) Institute or intervene as a plaintiff in litigation or administrative proceedings, other than litigation or administrative proceedings to enforce covenants, bylaws, or rules against unit owners or the unit owners association, in its own name on behalf of itself or two or more unit owners on matters affecting the condominium upon the affirmative vote of at least eighty percent of the votes in the association exclusive of the declarant;(5) Make contracts and incur liabilities;(6) Regulate the use, maintenance, repair, replacement, and modification of common elements;(7) Cause additional improvements to be made as a part of the common elements;(8) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, but common elements may be encumbered, conveyed, or subjected to a security interest only pursuant to section 76-870;(9) Grant easements, leases, licenses, and concessions through or over the common elements;(10) Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements, other than limited common elements described in subdivisions (2) and (4) of section 76-839, and for services provided to unit owners;(11) Impose charges for late payment of assessments and, after notice and opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations for the association;(12) Impose reasonable charges for the preparation and recordation of amendments to the declaration, resale statements required by section 76-884, or statements of unpaid assessments;(13) Provide for the indemnification of its officers and executive board and maintain directors' and officers' liability insurance;(14) Assign its right to future income, including the right to receive common expense assessments, but only to the extent the declaration expressly so provides;(15) Exercise any other powers conferred by the declaration or bylaws;(16) Exercise all other powers that may be exercised in this state by legal entities of the same type as the association; and(17) Exercise any other powers necessary and proper for the governance and operation of the association.(b) The declaration may not impose limitations on the power of the association to deal with the declarant which are more restrictive than the limitations imposed on the power of the association to deal with other persons.Source   Laws 1983, LB 433, § 36;   Laws 1984, LB 1105, § 7;  Laws 2020, LB808, § 46.
NE Code § 76-863 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-863 - Termination of contracts and leases of declarant.

76-863.  Termination of contracts and leases of declarant.If entered into before the executive board elected by the unit owners pursuant to subsection (f) of section 76-861 takes office, (i) any management contract, service contract, employment contract, or lease of recreational or parking areas or facilities or (ii) any other contract or lease between the association and a declarant or an affiliate of a declarant may be terminated without penalty at any time after the executive board elected by the unit owners pursuant to subsection (f) of section 76-861 takes office upon not less than one hundred eighty days' notice to the other party. This section does not apply to any lease the termination of which would terminate the condominium or reduce its size, unless the real estate subject to that lease was included in the condominium for the purpose of avoiding the right of the association to terminate a lease under this section. This section shall not apply to easements or licenses for the benefit of other property.Source   Laws 1983, LB 433, § 39;   Laws 1984, LB 1105, § 9.
NE Code § 76-864 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-864 - Bylaws of association; contents.

76-864.  Bylaws of association; contents.(a) The bylaws of the association must provide for:(1) The number of members of the executive board and the titles of the officers of the association;(2) Election by the executive board of a president, treasurer, secretary, and any other officers of the association the bylaws specify;(3) The qualifications, powers, duties, terms of office, and manner of electing and removing executive board members and officers and filling vacancies;(4) Which, if any, of its powers the executive board or officers may delegate to other persons or to a managing agent;(5) Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association; and(6) The method of amending the bylaws.(b) Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.Source  Laws 1983, LB 433, § 40.
NE Code § 76-865 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-865 - Upkeep of condominium; duties.

76-865.  Upkeep of condominium; duties.(a) Except to the extent provided by the declaration, subsection (b) of this section, or subsection (h) of section 76-871, the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of his or her unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access through his or her unit reasonably necessary for those purposes. If damage is inflicted on the common elements, or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair thereof.(b) In addition to the liability that a declarant as a unit owner has under sections 76-825 to 76-894, the declarant alone is liable for all expenses in connection with real estate subject to development rights. No other unit owner and no other portion of the condominium is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant.Source  Laws 1983, LB 433, § 41.
NE Code § 76-866 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-866 - Association; meetings.

76-866.  Association; meetings.A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the executive board, or by unit owners having twenty percent, or any lower percentage specified in the bylaws, of the votes in the association. Not less than ten nor more than fifty days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand delivered or sent postage prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner. The notice of any meeting must state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove a director or officer.Source   Laws 1983, LB 433, § 42;   Laws 1984, LB 1105, § 10.
NE Code § 76-867 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-867 - Quorums.

76-867.  Quorums.(a) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast thirty-five percent of the votes which may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting.(b) Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast fifty percent of the votes on that board are present at the beginning of the meeting.Source   Laws 1983, LB 433, § 43;  Laws 2020, LB808, § 48.