reglab/housing_qa huggingface dataset:
27 V.S.A. § 3-107
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 3 - Management of the Common Interest Community|§ 3-107. Upkeep of common interest community

§ 3-107. Upkeep of common interest community|(a) Except to the extent provided by the declaration and subsections 3-113(b) and (h) of this title, the association shall be responsible for maintenance, repair and replacement of the common elements, and each unit owner shall be responsible for the maintenance, repair and replacement of his or her unit. Each unit owner shall provide to the association and the other unit owners, their agents or employees, access through his or her unit reasonably necessary for those purposes. A unit owner or association is liable for the prompt repair of any damages caused to the common elements or to any unit through which access was taken.(b) In addition to the liability that a declarant as a unit owner has under this title, the declarant alone is liable for all expenses in connection with real estate subject to development rights. No other unit owner and no other portion of the common interest community is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant.(c) In a planned community, if all development rights have expired with respect to any real estate, the declarant remains liable for all expenses of that real estate unless, upon expiration, the declaration provides that the real estate becomes common elements or units. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
27 V.S.A. § 3-109
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 3 - Management of the Common Interest Community|§ 3-109. Quorum

§ 3-109. Quorum|(a) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the unit owners if persons entitled to cast 20 percent of the votes in the association:  (1) are present in person or by proxy at the beginning of the meeting; (2) have cast absentee ballots solicited in accordance with subdivision 3-110(c)(4) of this title which have been delivered to the secretary in a timely manner; or (3) are present by any combination of subdivisions (1) and (2) of this subsection.   (b) Unless the bylaws specify a larger number, a quorum of the executive board is present for purposes of determining the validity of any action taken at a meeting of the executive board only if individuals entitled to cast 50 percent of the votes on that board are present at the time a vote regarding that action is taken. If a quorum is present when a vote is taken, the affirmative vote of a majority of the board members present is the act of the executive board unless a greater vote is required by the declaration or bylaws.(c) Except as otherwise provided in the bylaws, meetings of the association shall be conducted in accordance with the most recent edition of Roberts' Rules of Order Newly Revised. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 30, eff. Jan. 1, 2012.)
27 V.S.A. § 3-111
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 3 - Management of the Common Interest Community|§ 3-111. Tort and contract liability

§ 3-111. Tort and contract liability|(a) A unit owner is not liable, solely by reason of being a unit owner, for any injury or damage arising out of the condition or use of the common elements. Neither the association nor any unit owner except the declarant is liable for that declarant's torts in connection with any part of the common interest community which the declarant has the responsibility to maintain.(b)(1) An action alleging a wrong done by the association, including an action arising out of the condition or use of the common elements, must be brought only against the association and not against any unit owner. If the wrong occurred during any period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner for:   (A) all tort losses not covered by insurance, suffered by the association or that unit owner; and (B) all costs which the association would not have incurred but for a breach of contract or other wrongful act or omission.  (2) Whenever the declarant is liable to the association under this title, the declarant is also liable for all litigation expenses, including reasonable attorneys' fees, incurred by the association.   (c) Except as provided in section 4-116 of this title with respect to warranty claims, any statute of limitation affecting the association's right of action under this title does not begin to run until the period of declarant control terminates. A unit owner is not precluded from bringing an action contemplated by this section because he or she is a unit owner or a member or officer of the association. Liens resulting from judgments against the association are governed by section 3-114 of this title. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
27 V.S.A. § 3-114
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 3 - Management of the Common Interest Community|§ 3-114. Surplus funds

§ 3-114. Surplus funds|Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of reserves shall be paid annually to the unit owners in proportion to their common expense liabilities or credited to them to reduce their future common expense assessments. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 33, eff. Jan. 1, 2012.)
27 V.S.A. § 3-115
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 3 - Management of the Common Interest Community|§ 3-115. Assessments for common expenses

§ 3-115. Assessments for common expenses|(a) Until the association makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the association, assessments shall be made at least annually, based on a budget adopted at least annually by the association.(b) Except for assessments under subsections (c), (d), and (e) of this section, or as otherwise provided in this title, all common expenses shall be assessed against all the units in accordance with the allocations set forth in the declaration. The association may charge interest on any past due assessment or portion thereof at a rate established by the association, not exceeding the legal rate.(c) To the extent required by the declaration:  (1) a common expense associated with the maintenance, repair, or replacement of a limited common element shall be assessed against the units to which that limited common element is assigned, equally or in any other proportion the declaration provides; (2) a common expense benefiting fewer than all of the units or their owners may be assessed exclusively against the units or unit owners benefited; and (3) the cost of insurance shall be assessed in proportion to risk and the cost of utilities shall be assessed in proportion to usage.   (d) Assessments to pay a judgment against the association may be assessed only against the units in the common interest community at the time the judgment was entered, in proportion to their common expense liabilities.(e) If damage to a unit or other part of the common interest community, or if any other common expense is caused by the willful misconduct or gross negligence of any unit owner, guest, or invitee of a unit owner, the association may, after notice and hearing, assess that expense exclusively against that owner's unit, even if the association maintains insurance with respect to that damage or common expense.(f) If common expense liabilities are reallocated, common expense assessments and any installment not yet due shall be recalculated in accordance with the reallocated common expense liabilities. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 34, eff. Jan. 1, 2012.)
27 V.S.A. § 3-117
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 3 - Management of the Common Interest Community|§ 3-117. Other liens

§ 3-117. Other liens|(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. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 36, eff. Jan. 1, 2012.)
27 V.S.A. § 3-119
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 3 - Management of the Common Interest Community|§ 3-119. Association as trustee

§ 3-119. Association as trustee|A third person dealing with the association in the association's capacity as a trustee may assume without inquiry that the association has trust powers and will properly exercise them. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if the association possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
27 V.S.A. § 3-120
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 3 - Management of the Common Interest Community|§ 3-120. Rules

§ 3-120. Rules|(a) Before adopting, amending, or repealing any rule, the executive board shall give all unit owners notice of:  (1) its intention to adopt, amend, or repeal a rule and provide the text of the rule or the proposed change; and (2) a date on which the executive board will act on the proposed rule or amendment after considering comments from unit owners.   (b) Following adoption, amendment, or repeal of a rule, the association shall notify the unit owners of its action and provide a copy of any new or revised rule.(c) An association may adopt rules to establish and enforce construction and design criteria and aesthetic standards if the declaration so provides. If the declaration so provides, the association shall adopt procedures for enforcement of those standards and for approval of construction applications, including a reasonable time within which the association must act after an application is submitted and the consequences of its failure to act.(d) A rule regulating display of the flag of the United States must be consistent with federal law. In addition, the association may not prohibit display on a unit or on a limited common element adjoining a unit of the flag of this state, or signs regarding candidates for public or association office or ballot questions, but the association may adopt rules governing the time, place, size, number, and manner of those displays.(e) Unit owners may peacefully assemble on the common elements to consider matters related to the common interest community, but the association may adopt rules governing the time, place, and manner of those assemblies.(f) An association may adopt rules that affect the use of or behavior in units that may be used for residential purposes, only to:  (1) implement a provision of the declaration; (2) regulate any behavior in or occupancy of a unit which violates the declaration or adversely affects the use and enjoyment of other units or the common elements by other unit owners; or (3) restrict the leasing of residential units to the extent those rules are reasonably designed to meet underwriting requirements of institutional lenders that regularly make loans secured by first mortgages on units in common interest communities or regularly purchase those mortgages.   (g) An association's internal business operating procedures need not be adopted as rules.(h) Every rule must be reasonable. (Added 2009, No. 155 (Adj. Sess.), § 38, eff. Jan. 1, 2012.)
27 V.S.A. § 3-121
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 3 - Management of the Common Interest Community|§ 3-121. Notice to unit owners

§ 3-121. Notice to unit owners|(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, United States 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. (Added 2009, No. 155 (Adj. Sess.), § 39, eff. Jan. 1, 2012.)
27 V.S.A. § 3-122
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 3 - Management of the Common Interest Community|§ 3-122. Removal of officers and directors

§ 3-122. Removal of officers and directors|(a) Notwithstanding any provision of the declaration or bylaws to the contrary, unit owners present in person, by proxy, or by absentee ballot at any meeting of the unit owners at which a quorum is present may remove any member of the executive board and any officer elected by the unit owners, with or without cause, if the number of votes cast in favor of removal exceeds the number of votes cast in opposition to removal, but:  (1) a member appointed by the declarant may not be removed by a unit owner vote during the period of declarant control; (2) a member appointed under subsection 3-103(g) of this title may be removed only by the person that appointed that member; and (3) the unit owners may not consider whether to remove a member of the executive board or an officer elected by the unit owners at a meeting of the unit owners unless that subject was listed in the notice of the meeting.   (b) At any meeting at which a vote to remove a member of the executive board or an officer is to be taken, the member or officer being considered for removal must have a reasonable opportunity to speak before the vote. (Added 2009, No. 155 (Adj. Sess.), § 40, eff. Jan. 1, 2012.)
27 V.S.A. § 3-123
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 3 - Management of the Common Interest Community|§ 3-123. Adoption of budgets; special assessments

§ 3-123. Adoption of budgets; special assessments|(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. (Added 2009, No. 155 (Adj. Sess.), § 41, eff. Jan. 1, 2012.)
27 V.S.A. § 4-101
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 4 - Protection of Purchasers|§ 4-101. Waiver

§ 4-101. Waiver|(a) This article applies to all units subject to this title, except as provided in subsection (b) of this section or as modified or waived by agreement of purchasers of units in a common interest community in which all units are restricted to nonresidential use.(b) Neither a public offering statement nor a resale certificate need be prepared or delivered in the case of:  (1) a gratuitous disposition of a unit; (2) a disposition pursuant to court order; (3) a disposition by a government or governmental agency; (4) a disposition by foreclosure or deed in lieu of foreclosure; (5) a disposition to a dealer; (6) a disposition that may be canceled at any time and for any reason by the purchaser without penalty; (7) a disposition of a unit restricted to nonresidential purposes. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
27 V.S.A. § 4-102
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 4 - Protection of Purchasers|§ 4-102. Liability for public offering statement requirements

§ 4-102. Liability for public offering statement requirements|(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. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 43, eff. Jan. 1, 2012.)
27 V.S.A. § 4-105
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 4 - Protection of Purchasers|§ 4-105. Time shares

§ 4-105. Time shares|If the declaration provides that ownership or occupancy of any unit is or may be in time shares, the public offering statement shall disclose in addition to the information required by section 4-103 of this title:  (1) the number and identity of units in which time shares may be created; (2) the total number of time shares that may be created; (3) the minimum duration of any time share that may be created; and (4) the extent to which the creation of time shares may affect the enforceability of the association's lien for assessments provided in section 3-116 of this title. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
27 V.S.A. § 4-106
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 4 - Protection of Purchasers|§ 4-106. Conversion buildings

§ 4-106. Conversion buildings|(a) The public offering statement of a common interest community containing any conversion building which may be occupied for residential use shall contain, in addition to the information required by section 4-103 of this title:  (1) a statement by the declarant, based on a report by an independent architect or engineer, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the building; (2) a statement by the declarant of the expected useful life of each item reported in subdivision (1) of this section, or a statement that no representations are made in that regard; and (3) a list of any outstanding notices of uncured violation of the building code or other municipal regulations and the cost of curing those violations.   (b) This section applies to any buildings containing units that may be occupied for residential use. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
27 V.S.A. § 4-107
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 4 - Protection of Purchasers|§ 4-107. Common interest community securities

§ 4-107. Common interest community securities|If an interest in a common interest community is currently registered with the Securities and Exchange Commission of the United States, a declarant satisfies all requirements relating to the preparation of a public offering statement under this title if the declarant delivers to the purchaser a copy of the public offering statement filed with the Securities and Exchange Commission. An interest in a common interest community is not a security under the provisions of 9 V.S.A. chapter 131. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)