reglab/housing_qa huggingface dataset:
27 V.S.A. § 1-203
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 1 - General Provisions|§ 1-203. Exception for small projects and limited expense liability planned communities

§ 1-203. Exception for small projects and limited expense liability planned communities|(a) If a planned community:  (1) contains no more than 24 units and is not subject to any development rights; or (2) provides in its declaration that the annual average common expense liability of all units restricted to residential purposes, exclusive of optional user fees and any insurance premiums paid by the association may not exceed $300.00 as adjusted pursuant to section 1-115 of this title, it is subject only to sections 1-105, 1-106, and 1-107 of this title unless the declaration provides that this entire title is applicable.   (b) The exemption provided in subdivision (a)(2) of this section applies only if:  (1) the declarant reasonably believes in good faith that the maximum stated assessment will be sufficient to pay the expenses of the planned community; and (2) the declarant provides that the assessment may not be increased above the limitation in subdivision (a)(2) of this section during the period of declarant's control without the consent of all unit owners. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 7, eff. Jan. 1, 2012.)
27 V.S.A. § 1-204
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 1 - General Provisions|§ 1-204. Preexisting common interest communities

§ 1-204. Preexisting common interest communities|(a)(1) Unless excepted under section 1-203 of this title, the following sections of this title apply to a common interest community created in this state before January 1, 1999: sections 1-103, 1-105, 1-106, 1-107, 2-103, 2-104, 2-121, 3-102(a)(1) through (6) and (11) through (16), 3-111, 3-116, 3-118, 4-109 and 4-117 to the extent necessary to construe the applicable sections. The sections described in this subdivision apply only to events and circumstances occurring after December 31, 1998 and do not invalidate existing provisions of the declarations, bylaws, plats or plans of those common interest communities.  (2) Unless excepted under section 1-203 of this title, the following sections of this title apply to a common interest community created in this state before January 1, 1999: sections 1-206; 2-102, 2-117(h) and (i), 2-124, 3-103, 3-108, 3-110, and 3-124. The sections described in this subdivision apply only to events and circumstances occurring after December 31, 2011 and do not invalidate existing provisions of the declarations, bylaws, plats, or plans of those common interest communities.   (b) If a planned community created within this state before the effective date of this title contains no more than 24 units and is not subject to development rights, it is subject only to sections 1-105, 1-106, and 1-107 of this title unless the declaration is amended in conformity with applicable law and with the procedures and requirements of the declaration to take advantage of the provisions of section 1-206 of this title, in which case all the sections enumerated in subsection (a) of this section apply to that planned community. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 8, eff. Jan. 1, 2012; 2011, No. 75 (Adj. Sess.), § 107, eff. March 7, 2012.)
27 V.S.A. § 1-206
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 1 - General Provisions|§ 1-206. Amendments to governing instruments

§ 1-206. Amendments to governing instruments|(a) The declaration, bylaws, or plat and plans of any common interest community created before the effective date of this title may be amended to achieve any result permitted by this title, regardless of what applicable law provided before this title was enacted.(b) Except as otherwise provided in subsections 2-117(i) and (j) of this title, an amendment to the declaration, bylaws, or plats and plans authorized by this section shall be adopted in conformity with any procedures and requirements for amending the instruments specified in those instruments or, if there are none, in conformity with the amendment procedures of this title. If an amendment grants to any person any rights, powers, or privileges permitted by this title, all correlative obligations, liabilities, and restrictions in this title also apply to that person. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 9, eff. Jan. 1, 2012.)
27 V.S.A. § 1-207
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 1 - General Provisions|§ 1-207. Applicability to nonresidential and mixed-use common interest communities

§ 1-207. Applicability to nonresidential and mixed-use common interest communities|(a) [Repealed.](b) A nonresidential common interest community is not subject to this title except to the extent the declaration provides that:  (1) this entire title applies to the community; (2) Articles 1 and 2 of this title apply to the community; or (3) in the case of a planned community, only sections 1-105, 1-106, and 1-107 of this title apply to the community.   (c) [Repealed.](d) If this entire title applies to a nonresidential common interest community, the declaration may also require, subject to section 1-112 of this title, that:  (1) notwithstanding section 3-105 of this title, any management contract, employment contract, lease of recreational or parking areas or facilities, and any other contract or lease between the association and a declarant or an affiliate of a declarant continues in force after the declarant turns over control of the association; and (2) notwithstanding section 1-104 of this title, purchasers of units must execute proxies, powers of attorney, or similar devices in favor of the declarant regarding particular matters enumerated in those instruments.   (e) A common interest community that contains units restricted exclusively to nonresidential purposes and other units that may be used for residential purposes is not subject to this title unless the units that may be used for residential purposes would comprise a common interest community that would be subject to this title in the absence of the nonresidential units or the declaration provides that this title applies as provided in subsection (b) or (d) of this section. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 10, eff. Jan. 1, 2012.)
27 V.S.A. § 1-208
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 1 - General Provisions|§ 1-208. Out-of-state common interest communities

§ 1-208. Out-of-state common interest communities|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. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; 2009, No. 155 (Adj. Sess.), § 11, eff. Jan. 1, 2012.)
27 V.S.A. § 1-209
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 1 - General Provisions|§ 1-209. Small condominiums; exception; access to mixed funding sources

§ 1-209. Small condominiums; exception; access to mixed funding sources|Subsection 2-101(b), subdivisions 2-109(b)(2) and (11), subsection 2-109(g), section 2-115, and Article 4 of this title shall not apply to a condominium if the declaration:  (1) creates fewer than 10 units; and (2) restricts ownership of a unit to entities that are controlled by, affiliated with, or managed by the declarant. (Added 2005, No. 116 (Adj. Sess.), § 5, eff. April 26, 2006; amended 2011, No. 52, § 25, eff. May 27, 2011.)
27 V.S.A. § 1-210
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 1 - General Provisions|§ 1-210. Other exempt real estate arrangements

§ 1-210. Other exempt real estate arrangements|(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. (Added 2009, No. 155 (Adj. Sess.), § 13, eff. Jan. 1, 2012.)
27 V.S.A. § 1-211
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 1 - General Provisions|§ 1-211. Covenants; cost-sharing agreements

§ 1-211. Covenants; cost-sharing agreements|A covenant that requires the owners of separately owned parcels of real estate to share costs or other obligations associated with a party wall, driveway, well, or other similar use does not create a common interest community unless the owners otherwise agree. (Added 2009, No. 155 (Adj. Sess.), § 14, eff. Jan. 1, 2012.)
27 V.S.A. § 2-101
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 2 - Creation, Alteration, and Termination of Common Interest Communities|§ 2-101. Creation of common interest communities

§ 2-101. Creation of common interest communities|(a) A common interest community may be created pursuant to this title only by recording a declaration executed in the same manner as a deed. The declaration shall be recorded in each town in which any portion of the common interest community is located and 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 each person executing the declaration.(b) In a condominium, a declaration or an amendment to a declaration to add units may not be recorded unless all structural components and mechanical systems of all building containing or comprising any units created by the declaration are substantially completed in accordance with the plans as evidenced by a recorded certificate of completion executed by an independent professional engineer, surveyor or architect, as appropriate and if authorized by the respective practice acts of each profession in 26 V.S.A. chapters 3, 20, and 45. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 1999, No. 133 (Adj. Sess.), § 35.)
27 V.S.A. § 2-102
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 2 - Creation, Alteration, and Termination of Common Interest Communities|§ 2-102. Unit boundaries

§ 2-102. Unit boundaries|Except as provided by the declaration in a common interest community:  (1) if walls, floors, or ceilings are designated as boundaries of a unit, all wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces of the unit are part of the unit, and all other portions of the walls, floors, or ceilings are 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 of it serving only that unit is a limited common element allocated solely to that unit, and any portion of it 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 subdivision (2) of this section, all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are 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. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
27 V.S.A. § 2-103
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 2 - Creation, Alteration, and Termination of Common Interest Communities|§ 2-103. Construction and validity of declaration and bylaws

§ 2-103. 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, 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. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 15, eff. Jan. 1, 2012.)
27 V.S.A. § 2-104
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 2 - Creation, Alteration, and Termination of Common Interest Communities|§ 2-104. Description of units

§ 2-104. Description of units|A description of a unit which sets forth the name of the common interest community, the volume and page in which the declaration is recorded, the town in which the common interest community is located, and the identifying number of the unit is a legally sufficient description of that unit and all rights, obligations and interests appurtenant to that unit which were created by the declaration or bylaws. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
27 V.S.A. § 2-106
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 2 - Creation, Alteration, and Termination of Common Interest Communities|§ 2-106. Leasehold common interest communities

§ 2-106. Leasehold common interest communities|(a) Any lease the expiration or termination of which may terminate the common interest community or reduce its size shall be recorded. Every lessor of those leases in a condominium or planned community shall sign the declaration. The declaration shall state all the following:  (1) The volume and page in which 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 in which those rights may be exercised, or a statement that the owners do not have those rights. (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 the owners do not have those rights. (6) Any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that the owners do not have those rights.   (b) After the declaration for a leasehold condominium or leasehold planned community is recorded, neither the lessor nor the lessor's 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 in a condominium or planned community 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 reversionary or remainder 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 common interest community, the allocated interests shall be reallocated proportionately in accordance with section 1-107 of this title. Reallocations shall be confirmed by an amendment to the declaration prepared, executed and recorded by the association. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
27 V.S.A. § 2-107
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 2 - Creation, Alteration, and Termination of Common Interest Communities|§ 2-107. Allocation of allocated interests

§ 2-107. Allocation of allocated interests|(a) The declaration shall allocate to each unit:  (1) In a condominium, a fraction or percentage of undivided interests in the common elements and in the common expenses of the association pursuant to subsection 3-115(a) of this title and a portion of the votes in the association; and (2) In a planned community, a fraction or percentage of the common expenses of the association pursuant to subsection 3-115(a) of this title and a portion of the votes in the association.   (b) The declaration shall state the formulas used to establish allocations of interests. Those allocations may not discriminate in favor of units owned by the declarant or an affiliate of the declarant.(c) If units may be added to or withdrawn from the common interest community, the declaration shall state the formulas to be used to reallocate the allocated interests among all units included in the common interest community after the addition or withdrawal.(d) The declaration may provide:  (1) different allocations of votes to the units on particular matters specified in the declaration; (2) cumulative voting only for the purpose of electing members of the executive board; and (3) 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 this title nor may units constitute a class because they are owned by a declarant.   (e) Except for minor variations due to rounding, the sum of the common expense liabilities and, in a condominium, the sum of the undivided interests in the common elements allocated at any time to all the units shall each equal one if stated as a fraction or 100 percent if stated as a percentage. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.(f) In a condominium, 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. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
27 V.S.A. § 2-108
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 2 - Creation, Alteration, and Termination of Common Interest Communities|§ 2-108. Limited common elements

§ 2-108. Limited common elements|(a) Except for the limited common elements described in subdivisions 2-102(2) and (4) of this title and except to the extent that a right to allocate a limited common element is reserved pursuant to subsection (c) of this section, 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 provides, 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. The amendment shall be recorded in the names of the parties and the common interest community.(c) A common element not previously allocated as a limited common element may be allocated only pursuant to the declaration made in accordance with subdivision 2-105(a)(7) of this title. The allocations shall be made by amendments to the declaration. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
27 V.S.A. § 2-110
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 2 - Creation, Alteration, and Termination of Common Interest Communities|§ 2-110. Exercise of development rights

§ 2-110. Exercise of development rights|(a) To exercise any development right reserved under subdivision 2-105(a)(8) of this title, the declarant shall prepare, execute and record an amendment to the declaration pursuant to section 2-117 of this title and in a condominium or planned community comply with section 2-109 of this title. The declarant is the unit owner of any units created. The amendment to the declaration shall assign an identifying number to each new unit created and, except in the case of subdivision or conversion of units described in subsection (b) of this section, reallocate the allocated interests among all units. The amendment shall include a description of any common elements and any limited common elements thereby created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by section 2-108 of this title.(b) Development rights may be reserved within any real estate added to the common interest community if the amendment adding that real estate includes all matters required by section 2-105 or 2-106 of this title and the plats and plans include all matters required by section 2-109 of this title. This provision does not extend the time limit on the exercise of development rights imposed by the declaration pursuant to subdivision 2-105(a)(8) of this title.(c) Whenever a declarant exercises a development right to subdivide or convert a unit previously created into additional units, common elements, or both:  (1) if the declarant converts the unit entirely to common elements, the amendment to the declaration shall reallocate all the allocated interests of that unit among the other units as if that unit had been taken by eminent domain; and (2) if the declarant subdivides the unit into two or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.   (d) If the declaration provides, pursuant to subdivision 2-105(a)(8) of this title, that all or a portion of the real estate is subject to the development right of withdrawal:  (1) if all the real estate is subject to withdrawal, and the declaration does not describe separate portions of real estate subject to that right, none of the real estate may be withdrawn after a unit has been conveyed to a purchaser; and (2) if a portion or portions are subject to withdrawal, no portion may be withdrawn after a unit in that portion has been conveyed to a purchaser. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)