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2023 Vermont Statutes › Title 27 - Property › Chapter 18 - Unclaimed Property › § 1621. Uniformity of application and construction

§ 1621. Uniformity of application and construction
In applying and construing this uniform chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 27 - Property › Chapter 18 - Unclaimed Property › § 1622. Relation to Electronic Signatures in Global and National Commerce Act

§ 1622. Relation to Electronic Signatures in Global and National Commerce Act
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b). (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 27 - Property › Chapter 18 - Unclaimed Property › § 1623. Transitional provision

§ 1623. Transitional provision
(a) An initial report filed under this chapter for property that was not required to be reported before January 1, 2021, but that is required to be reported under this chapter, must include all items of property that would have been presumed abandoned during the 10-year period preceding January 1, 2021, as if this chapter had been in effect during that period.
(b) This chapter does not relieve a holder of a duty that arose before January 1, 2021, to report, pay, or deliver property. Subject to subsections 1520(b) and (c) of this title, a holder that did not comply with the law governing unclaimed property before January 1, 2021, is subject to applicable provisions for enforcement and penalties in effect before January 1, 2021. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 1 - General Provisions › § 1-101. Short title

§ 1-101. Short title
This title shall be known and may be cited as the Vermont Common Interest Ownership Act. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 1 - General Provisions › § 1-104. Variation by agreement

§ 1-104. Variation by agreement
Except as expressly provided in this title, the effect of the provisions of this title may not be varied by agreement, and rights conferred by this title may not be waived. Except as otherwise provided in section 1-207 of this title, a declarant may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this title or the declaration. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 2, eff. Jan. 1, 2012.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 1 - General Provisions › § 1-105. Separate titles and taxation

§ 1-105. Separate titles and taxation
(a) In a condominium or planned community:
(1) 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; and
(2) if there is any unit owner other than a declarant, each unit shall 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; provided, however, that if a portion of the common elements is located in a town other than the town in which the unit is located, the town in which the common elements are located may designate that portion of the common elements within its boundaries as a parcel for property tax assessment purposes and may tax each unit owner at an appraisal value pursuant to 32 V.S.A. § 3481.
(b) Any portion of the common elements for which the declarant has reserved any development right shall be separately taxed and assessed against the declarant, and the declarant alone is liable for payment of those taxes.
(c) If there is no unit owner other than a declarant, the real estate comprising a common interest community may be taxed and assessed in any manner provided by law. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2011, No. 143 (Adj. Sess.), § 33, eff. May 15, 2012.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 1 - General Provisions › § 1-106. Local ordinances, regulations, and building codes

§ 1-106. Local ordinances, regulations, and building codes
(a) A building code may not impose any requirement upon any structure in a common interest community that it would not impose upon a physically identical development under a different form of ownership.
(b) No zoning, building codes, subdivision ordinance, or other real property use law, ordinance, or regulation may prohibit the conversion of any building to the common interest community form of ownership.
(c) Except as provided in subsections (a) and (b) of this section, no provision of this title invalidates or modifies any provision of any zoning, subdivision, building code, or other real estate use law, ordinance, or regulation. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 1 - General Provisions › § 1-107. Eminent domain

§ 1-107. Eminent domain
(a) If a unit is acquired by eminent domain or if a part of a unit is acquired by eminent domain leaving the unit owner with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the award shall include compensation to the unit owner for that unit and its allocated interests, whether or not any common elements are acquired. Upon acquisition, unless the decree provides otherwise, the allocated interests of that unit 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 shall 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. Unless the decree provides otherwise, upon acquisition:
(1) the allocated interests of that unit shall be 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 shall be automatically reallocated to that unit and to 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 shall be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element shall 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 municipality in which any portion of the common interest community is located. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 1 - General Provisions › § 1-108. General principles of law applicable

§ 1-108. General principles of law applicable
The principles of law and equity, including the law of corporations, any other form of organization authorized by the law of this State, unincorporated associations, the law of real estate, the law of contracts, principal and agent, and eminent domain, supplement the provisions of this title, except to the extent these principles are inconsistent with the title. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 3, eff. Jan. 1, 2012.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 1 - General Provisions › § 1-109. Construction against implicit repeal

§ 1-109. Construction against implicit repeal
This title is a general act intended to create unified coverage of its subject matter, and no part of it shall be construed to be repealed by subsequent legislation if that construction can be reasonably avoided. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 1 - General Provisions › § 1-110. Uniformity of application and construction

§ 1-110. Uniformity of application and construction
This title shall be applied and construed to make uniform the law with respect to the subject of this title among states that enact it. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 1 - General Provisions › § 1-111. Severability

§ 1-111. Severability
If any provision of this title or the application of it to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this title that can be given effect without the invalid provision or applications; the provisions of this title are severable. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 1 - General Provisions › § 1-112. Unconscionable agreement or term of contract

§ 1-112. 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 clause of the contract 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 regarding:
(1) the commercial setting of the negotiations;
(2) whether a party has knowingly taken advantage of the inability of the other party to reasonably protect his or her interests because of physical or mental infirmity, illiteracy, inability to understand the language of the agreement, or similar factors;
(3) the effect and purpose of the contract or clause; and
(4) in the case of a sale, any gross disparity at the time of contracting between the amount charged for the property and the value of the property measured by the price at which similar property was readily obtainable in similar transactions. Such a disparity does not of itself render the contract unconscionable. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 1 - General Provisions › § 1-113. Good faith

§ 1-113. Good faith
Every contract or duty governed by this title imposes an obligation of good faith on all parties in its performance or enforcement. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 1 - General Provisions › § 1-114. Remedies to be liberally administered

§ 1-114. Remedies to be liberally administered
(a) The remedies provided by this title shall be liberally administered so that the aggrieved party is placed in the position the aggrieved party would have been if the other party had fully performed. However, consequential, special, or punitive damages shall not be awarded except as specifically provided in this title or pursuant to other laws.
(b) [Repealed.] (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 4, eff. Jan. 1, 2012.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 1 - General Provisions › § 1-115. Adjustment of dollar amounts

§ 1-115. Adjustment of dollar amounts
(a) From time to time, the dollar amounts specified in section 1-203 of this title shall change as provided in subsections (b) and (c) of this section according to and to the extent of changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers: U.S. City Average, All Items 1967 = 100, compiled by the Bureau of Labor Statistics, U.S. Department of Labor (the “Index”). The Index for December 1990, which was 401, is the Reference Base Index.
(b) The dollar amount specified in section 1-203 of this title and any amount stated in the declaration pursuant to that section shall change annually on July 1 if the percentage of change, calculated to the nearest whole percentage point, between the Index at the end of the preceding year and the Reference Base Index is 10 percent or more, but:
(1) the portion of the percentage change in the Index in excess of a multiple of 10 percent shall be disregarded and the dollar amounts shall change only in multiples of 10 percent of the amounts appearing in this title on January 1, 1999;
(2) the dollar amounts shall not change if the amounts required by this section are those currently in effect pursuant to this title as a result of earlier application of this section; and
(3) in no event shall the dollar amounts be reduced below the amounts appearing in this title on the date of enactment.
(c) If the Index is revised after December 1979, the percentage of change pursuant to this section shall be calculated on the basis of the revised Index. If the revision of the Index changes the Reference Base Index, a revised Reference Base Index shall be determined by multiplying the Reference Base Index then applicable by the rebasing factor furnished by the Bureau of Labor Statistics. If the Index is superseded, the Index referred to in this section is the one represented by the Bureau of Labor Statistics as reflecting most accurately changes in the purchasing power of the dollar for consumers. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 1 - General Provisions › § 1-116. Relation to Electronic Signatures in Global and National Commerce Act

§ 1-116. Relation to Electronic Signatures in Global and National Commerce Act
This title modifies, limits, and supercedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supercede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). (Added 2009, No. 155 (Adj. Sess.), § 5, eff. Jan. 1, 2012.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 1 - General Provisions › § 1-201. New common interest communities

§ 1-201. New common interest communities
(a) Except as otherwise provided in subsection (b) of this section and sections 1-203 and 1-204 of this title, this title applies to all condominiums in this State after January 1, 1999 that may be used for residential purposes and to all other common interest communities that contain 12 or more units that may be used for residential purposes and are created within this State after January 1, 1999. The provisions of 27 V.S.A. chapter 15, subchapter 1 shall not apply to common interest communities created after December 31, 1998. Amendments to this title apply to all common interest communities that contain 12 or more units that may be used for residential purposes and are created after January 1, 2011, or are subject to this title by amendment of their declaration, regardless of when the amendment to this title is adopted in this State.
(b) A mobile home park, as defined in 10 V.S.A. chapter 153, existing before June 30, 1990, shall not be converted through the use of any device, directly or indirectly, into a common interest community pursuant to this title. Any person who offers for transfer ownership interests in a residential condominium unit in a mobile home park shall be subject to the provisions of 27 V.S.A. chapter 15, subchapter 3 and other applicable laws.
(c) Common interest communities created under this title shall be subject to 27 V.S.A. chapter 15, subchapter 2. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 6, eff. Jan. 1, 2012.)
2023 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.)
2023 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 and subdivisions 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, and 2-121, subdivisions 3-102(a)(1) through (6) and (11) through (16), and sections 3-111, 3-116, 3-118, 4-109, and 4-117 to the extent necessary to construe the applicable sections. The sections and subdivisions 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 and 2-102, subdivisions 2-117(h) and (i), and sections 2-124, 3-103, 3-108, 3-110, and 3-124. The sections and subdivisions 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 January 1, 1999 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 and subdivisions 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.)
2023 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 January 1, 1999 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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; and
(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.)
2023 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.)
2023 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 that 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 that were created by the declaration or bylaws. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
2023 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 that 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.)
2023 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.)
2023 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.)
2023 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.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 2 - Creation, Alteration, and Termination of Common Interest Communities › § 2-111. Alterations of units

§ 2-111. Alterations 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 common interest community.
(2) May not change the appearance of the common elements or the exterior appearance of a unit or any other portion of the common interest community without permission of the association.
(3) After acquiring an adjoining unit or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures in it even if the partition in whole or in part is a common element if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the common interest community. Removal of partitions or creation of apertures under this subdivision is not an alteration of boundaries. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 2 - Creation, Alteration, and Termination of Common Interest Communities › § 2-112. Relocation of boundaries between adjoining units

§ 2-112. Relocation of boundaries between adjoining units
(a) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the executive board determines, within 30 days after receipt of the application, that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved and states the reallocations. The amendment shall be executed by those unit owners, shall contain words of conveyance between them, and, on recordation, shall be indexed in the name of the grantor and the grantee and in the grantee’s index in the name of the association.
(b) Subject to the provisions of the declaration and other provisions of law, boundaries between units and common elements may be relocated to incorporate common elements within a unit by an amendment to the declaration upon application to the association by the owner of the unit who proposes to relocate a boundary. Unless the declaration provides otherwise, the amendment may be approved only if persons entitled to cast at least 67 percent of the votes in the association, including 67 percent of the votes allocated to units not owned by the declarant, agree to the action. The amendment may describe any fees or charges payable by the owner of the affected unit in connection with the boundary relocation, and the fees and charges are assets of the association. The amendment must be executed by the unit owner of the unit whose boundary is being relocated and by the association, contain words of conveyance between them, and on recordation be indexed in the name of the unit owner and the association as grantor or grantee, as appropriate.
(c) The association:
(1) in a condominium or planned community shall prepare and record plats or plans necessary to show the altered boundaries of affected units and their dimensions and identifying numbers; and
(2) in a cooperative shall prepare and record amendments to the declaration, including any plans, necessary to show or describe the altered boundaries of affected units and their dimensions and identifying numbers. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 2 - Creation, Alteration, and Termination of Common Interest Communities › § 2-113. Subdivision of units

§ 2-113. Subdivision of units
(a) If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the declaration and law other than this title, upon application 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 shall be executed by the owner of the unit to be subdivided, shall assign an identifying number to each unit created, and shall 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 or on any other basis the declaration requires. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 18, eff. Jan. 1, 2012.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 2 - Creation, Alteration, and Termination of Common Interest Communities › § 2-114. Easement for encroachments

§ 2-114. Easement for encroachments
To the extent that any unit or common element in a common interest community encroaches on any other unit or common element, a valid easement for the encroachment exists. The easement does not relieve a unit owner of liability for the owner’s willful misconduct nor relieve a declarant or any other person of liability for failure to adhere to any plats and plans. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 2 - Creation, Alteration, and Termination of Common Interest Communities › § 2-115. Use for sales purposes

§ 2-115. Use for sales purposes
A declarant may maintain sales offices, management offices, and models in units or on common elements in the common interest community only if the declaration so provides and specifies the rights of a declarant with regard to the number, size, location, and relocation of it. In a condominium, any sales office, management office, or model not designated a unit by the declaration is a common element. If a declarant ceases to be a unit owner, that declarant ceases to have any rights with regard to the common element unless it is removed promptly 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 common interest community. The provisions of this section are subject to local ordinances. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 2 - Creation, Alteration, and Termination of Common Interest Communities › § 2-116. Easement rights

§ 2-116. Easement rights
(a) Subject to the declaration, a declarant has such 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 this title or reserved in the declaration.
(b) Subject to subdivision 3-102(a)(6) and section 3-112 of this title, the unit owners have an easement in the common elements for access to their units.
(c) Subject to the declaration and the rules, the owners have a right to use the common elements that are not limited common elements and all real estate that must become common elements for the purposes for which they were intended. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 19, eff. Jan. 1, 2012.)