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2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1318. Bylaws

§ 1318. Bylaws
The administration of every property shall be governed by bylaws, a true copy of which shall be annexed to the declaration and made a part thereof. No modification of or amendment to the bylaws shall be valid unless set forth in an amendment to the declaration and such amendment is duly recorded. (Added 1967, No. 228 (Adj. Sess.), § 18, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1319. Contents of bylaws

§ 1319. Contents of bylaws
(a) The bylaws may provide for the following:
(1) The election from among the apartment or site owners of a board of directors, the number of persons constituting it, and that the terms of at least one-third of the directors shall expire annually; the powers and duties of the board; the compensation, if any, of the directors; the method of removal from office of directors; and whether or not the board may engage the services of a manager or managing agent.
(2) Method of calling meetings of the apartment or site owners; what percentage, if other than a majority, of apartment or site owners shall constitute a quorum.
(3) Election of a president from among the board of directors who shall preside over the meetings of the board of directors and of the association of owners.
(4) Election of a secretary who shall keep the minute book in which resolutions shall be recorded.
(5) Election of a treasurer who shall keep the financial records and books of account and shall report annually to owners.
(6) Maintenance, repair, and replacement of the common areas and facilities, including payments for the maintenance, repair, and replacements and the method of approving payment vouchers.
(7) Manner of collecting from the apartment or site owners their share of the common expenses.
(8) Authority over personnel necessary for the maintenance, repair, and replacement of the common areas and facilities.
(9) Method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the common areas and facilities.
(10) Such restrictions on and requirements respecting the use and maintenance of the apartments or sites and the use of the common areas and facilities, not set forth in the declaration, as are designed to prevent unreasonable interference with the use of their respective apartments or sites and of the common areas and facilities by the several apartment or site owners.
(11) The percentage of votes required to amend the bylaws.
(12) Other provisions considered necessary for the administration of the property consistent with this chapter.
(b) In the case of a mobile home park condominium of more than three units, the bylaws shall provide that no member or site owner shall have more than 30 percent of the aggregate association vote. (Added 1967, No. 228 (Adj. Sess.), § 19, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 1993, No. 141 (Adj. Sess.), § 19, eff. May 6, 1994; 2023, No. 6, § 364, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1320. Books of receipts and expenditures; availability for examination

§ 1320. Books of receipts and expenditures; availability for examination
The manager or board of directors, as the case may be, shall keep or see to keeping of detailed, accurate records in chronological order, of the receipts and expenditures affecting the common areas and facilities, specifying and itemizing the maintenance and repair expenses of the common areas and facilities and any other expenses incurred. Those records and the vouchers authorizing the payments shall be available for examination by the apartment or site owners at convenient hours of week days. (Added 1967, No. 228 (Adj. Sess.), § 20, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1321. Waiver of use of common areas and facilities; abandonment of apartment or site

§ 1321. Waiver of use of common areas and facilities; abandonment of apartment or site
No apartment or site owner may exempt himself or herself from liability for his or her contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his or her apartment or site. (Added 1967, No. 228 (Adj. Sess.), § 21, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1322. Separate taxation

§ 1322. Separate taxation
Each apartment or site and its percentage of undivided interest in the common areas and facilities shall be considered to be a parcel and shall be subject to separate assessment and taxation by each assessing unit and special district for all types of taxes authorized by law, including special ad valorem levies and special assessments, except that parcels held in identical ownership may be combined and treated as one parcel for purposes of assessment and taxation at the discretion of the listers. Neither the building, the property, nor any of the common areas and facilities shall be deemed to be a parcel. (Added 1967, No. 228 (Adj. Sess.), § 22, eff. Jan. 23, 1968; amended 1987, No. 167 (Adj. Sess.), § 1, eff. May 3, 1988; 1993, No. 97, § 2; 2023, No. 6, § 365, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1323. Priority of lien

§ 1323. Priority of lien
(a) All sums assessed by the association of owners but unpaid for the share of the common expenses chargeable to any apartment or site shall constitute a lien on that apartment or site prior to all other liens except only (i) tax liens on the apartment or site in favor of any assessing unit and special district, (ii) all sums unpaid on a first mortgage of record, and (iii) mechanic’s liens. The lien may be foreclosed by suit by the manager or board of directors, acting on behalf of the apartment or site owners, in like manner as a mortgage on real property. In any foreclosure the apartment or site owner shall be required to pay a reasonable rental for the apartment or site, if so provided in the bylaws, and the plaintiff shall be entitled to the appointment of a receiver to collect it. The manager or board of directors, acting on behalf of the apartment or site owners, may, unless prohibited by the declaration, bid on the apartment or site at foreclosure sale, and acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the lien securing the same.
(b) Where the mortgagee of a first mortgage of record or other purchaser of an apartment or site obtains title to the apartment or site as a result of foreclosure of the first mortgage, the acquirer of title, his or her successors and assigns, shall not be liable for the share of the common expenses or assessments by the association of owners chargeable to the mortgagor which became due before the acquisition of title to the apartment or site by the acquirer. The unpaid share of common expenses or assessments shall be considered common expenses collectible from all of the apartment or site owners including the acquirer, his or her successors and assigns. (Added 1967, No. 228 (Adj. Sess.), § 23, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1324. Joint and several liability of grantor and grantee for unpaid common expenses

§ 1324. Joint and several liability of grantor and grantee for unpaid common expenses
In a voluntary conveyance, the grantee of an apartment or site shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for the grantor’s share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee’s right to recover from the grantor the amounts paid by the grantee. However, the grantee shall be entitled to a statement from the manager or board of directors, as the case may be, setting forth the amount of the unpaid assessments against the grantor and the grantee shall not be liable for, nor shall the apartment or site conveyed be subject to a lien for, any unpaid assessments against the grantor in excess of the amount set forth in the statement. (Added 1967, No. 228 (Adj. Sess.), § 24, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 2023, No. 6, § 366, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1325. Insurance

§ 1325. Insurance
The manager or the board of directors, if required by the declaration, bylaws or by a majority of the apartment or site owners, or at the request of a mortgagee having a first mortgage of record covering an apartment or site, shall have the authority to, and shall, obtain insurance for the property against loss or damage by fire and such other hazards under such terms and for such amounts as shall be required or requested. Such insurance coverage shall be written on the property in the name of such manager or of the board of directors of the association of owners, as trustee for each of the apartment or site owners in the percentages established in the declaration. Premiums shall be common expenses. Provision for such insurance shall be without prejudice to the right of each apartment or site owner to insure his or her own apartment or site for his or her benefit. (Added 1967, No. 228 (Adj. Sess.), § 25, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1326. Disposition of property; destruction or damage

§ 1326. Disposition of property; destruction or damage
If, within 90 days after the date of the damage or destruction to all or part of the property, it is not determined by the association of owners to repair, reconstruct, or rebuild, then and in that event:
(1) the property shall be considered to be owned in common by the apartment or site owners;
(2) the undivided interest in the property owned in common which shall appertain to each apartment or site owner shall be the percentage of undivided interest previously owned by the owner in the common areas and facilities;
(3) any liens affecting any of the apartments or sites shall be considered to be transferred in accordance with the existing priorities to the percentage of the undivided interest of the apartment or site owner in the property as provided in this section; and
(4) the property shall be subject to an action for partition at the suit of any apartment or site owner, in which event the net proceeds of a sale, together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the apartment or site owners in a percentage equal to the percentage of undivided interest owned by each owner in the property, after first paying out of the respective shares of the apartment or site owners, to the extent sufficient for the purpose, all liens on the undivided interest in the property owned by each apartment or site owner. (Added 1967, No. 288 (Adj. Sess.), § 26, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 2023, No. 6, § 367, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1327. Actions

§ 1327. Actions
Without limiting the rights of any apartment or site owner, actions may be brought by the manager or board of directors (in either case in the discretion of the board of directors) on behalf of two or more of the apartment or site owners, as their respective interests may appear, with respect to any cause of action relating to the common areas and facilities of more than one apartment or site. Service of process on two or more apartment or site owners in any action relating to the common areas and facilities of more than one apartment or site may be made on the person designated in the declaration to receive service of process. (Added 1967, No. 228 (Adj. Sess.), § 27, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1328. Personal application

§ 1328. Personal application
(a) All apartment or site owners, their tenants, employees of owners and tenants, or any other persons that may in any manner use property or any part thereof made subject to the provisions of this chapter shall be subject to this chapter and to the declaration and bylaws of the association of owners adopted under this chapter.
(b) All agreements, decisions, and determinations lawfully made by the association of owners in accordance with the voting percentages established in the act, declaration, or bylaws shall be binding on all apartment or site owners. (Added 1967, No. 228 (Adj. Sess.), § 28, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1329. Severability

§ 1329. Severability
If any provision of this chapter or the application thereof in any circumstance is held invalid, the validity of the remainder of the chapter and of its application shall not be affected thereby. (Added 1967, No. 228 (Adj. Sess.), § 29, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1331. Definitions

§ 1331. Definitions
As used in this subchapter:
(1) “Comparable housing” means housing that is decent, safe, sanitary, and in compliance with all local and State housing codes, and provided with facilities equivalent to those provided by the landlord in the dwelling unit in which the tenant then resides in regard to each of the following: apartment size, rent range, major kitchen and bathroom facilities, special facilities necessary for persons with disabilities or who have an infirmity, and desirability of neighborhood, school facilities, or area.
(2) “Conversion” means a change in character of residential real property from a rental to an ownership basis. A common interest community, stock cooperative, or similar arrangement shall be deemed such a change in character of ownership.
(3) “Declarant” means any person who offers for transfer ownership interests in a common interest community as part of an initial common promotional plan.
(4) “Tenant who is an elder” means a tenant who is 62 years of age or older.
(5) “Tenant with a disability” means a tenant who has a physical or mental impairment that restricts one or more major life activities, including functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.
(6) “Low-income tenant household” means a household having an income not exceeding 80 percent of median income for area of residence as set forth in regulations promulgated from time-to-time by the Department of Housing and Urban Development pursuant to 42 U.S.C. § 1437 et seq. (Added 1985, No. 175 (Adj. Sess.), § 5; amended 1997, No. 104 (Adj. Sess.), § 1, eff. Jan. 1, 1999; 2013, No. 96 (Adj. Sess.), § 185.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1332. Applicability

§ 1332. Applicability
This subchapter shall apply to the conversion of all residential rental property in the state other than a mobile home park, except the conversion of any single-family dwelling unit that is individually owned but has been rented. Conversion of a mobile home park shall be subject to subchapter 3 of this chapter. (Added 1985, No. 175 (Adj. Sess.), § 5; amended 1993, No. 97, § 3.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1333. Conversion building; notice to tenants

§ 1333. Conversion building; notice to tenants
(a) If the building to be converted consists of more than five dwelling units or if the building to be converted is part of an apartment complex or is one building in a group of buildings that are contiguous or that share common areas, the landlord shall give to each tenant the following minimum written notice to vacate or purchase the unit: two years to tenants who are elders or have a disability; one year to low-income tenant households; six months to all other tenants.
(b) If the building to be converted consists of five or fewer dwelling units, the landlord shall give to each tenant the following minimum written notice to vacate or purchase the unit: one year to tenants who are elders or have a disability; six months to low-income tenant households; three months to all other tenants. A landlord may not circumvent the longer notice requirements by converting a building consisting of five or fewer dwelling units if the conversion is part of a plan to convert more than five dwelling units.
(c) The notice shall state that the building is to be converted to a common interest community. It shall set forth generally the rights of tenants under this subchapter, and shall be given by certified mail, return receipt requested, at the address of the unit or any other mailing address provided by the tenant. Failure to give notice as required by this section is a defense to an action for possession.
(d) During the notice period, a tenant may not be required to vacate except for a reason specified in 9 V.S.A. § 4467(a) or (b).
(e) During the notice period, rent increases shall be limited to an amount which reflects reasonable profits, actual increased costs of maintenance and operation of the dwelling unit subject to conversion. Costs associated with the proposed conversion are not a permissible basis for a rent increase.
(f) After receipt of the notice prescribed in subsection (a) of this section, a tenant may terminate the rental agreement upon 30 days’ written notice to the landlord.
(g) Nothing in this section permits termination of a written lease by a landlord in violation of its terms.
(h) The notice requirements imposed by this section shall not affect the right of a declarant to transfer ownership interests in dwelling units that are not subject to those requirements or as to which the notice period has expired. (Added 1985, No. 175 (Adj. Sess.), § 5; amended 1997, No. 104 (Adj. Sess.), § 2, eff. Jan. 1, 1999; 2013, No. 96 (Adj. Sess.), § 186.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1334. Exclusive right to purchase

§ 1334. Exclusive right to purchase
(a) For 90 days after giving the notice described in section 1333 of this title, the declarant shall offer to convey each unit or proposed unit occupied for residential use to the tenant who rents that unit. The tenant shall be given all documents provided to the general public or to other tenants as part of the offering for sale of the unit. If a tenant fails to contract for the unit during the offer period, the declarant may not offer an interest in that unit during the following 90 days at a price or on terms more favorable to the offeree than the price or terms offered to the tenant.
(b) If a declarant conveys a unit in violation of section 1333 to a purchaser for value who has no knowledge of the violation, recordation of the deed conveying the unit extinguishes any right a tenant may have to purchase the unit, but does not affect the right of a tenant to recover damages from the declarant.
(c) This section shall not apply to any unit in a conversion building if that unit will be restricted exclusively to nonresidential use or the boundaries of the converted unit do not substantially conform to the dimensions of the residential unit before conversion. (Added 1985, No. 175 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1335. Comparable housing

§ 1335. Comparable housing
The declarant may offer a tenant assistance in locating comparable housing. If, as a result, the tenant obtains comparable housing, the tenant may be required upon 90 days’ notice to vacate the premises. (Added 1985, No. 175 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1336. Relocation costs

§ 1336. Relocation costs
(a) The declarant shall pay the actual documented cost of relocation, not to exceed $1,000.00, to any tenant entitled to receive notice under section 1333 of this title who does not purchase the unit that he or she occupies or another unit in the same building or buildings.
(b) Relocation costs shall be payable within 10 days after the date the tenant vacates the unit; provided, however, that no tenant is eligible for relocation costs unless:
(1) all rent due and payable has been paid by the tenant prior to the date on which the unit is vacated; and
(2) the tenant has voluntarily vacated the unit on or before the expiration of half the applicable notice period. (Added 1985, No. 175 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1337. Waiver prohibited

§ 1337. Waiver prohibited
No lease or rental agreement, oral or written, shall contain any provision by which the tenant prospectively waives any of his or her rights under this subchapter. Any such waiver shall be deemed contrary to public policy and shall be unenforceable and void. (Added 1985, No. 175 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1338. Circumvention of this subchapter

§ 1338. Circumvention of this subchapter
A declarant shall not attempt to circumvent the provisions of this subchapter; nor shall any person willfully cause a tenant to vacate a dwelling unit or to be evicted from the unit without good cause in contemplation of conversion before the issuance of the notice prescribed in section 1333 of this title. (Added 1985, No. 175 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1339. Violations

§ 1339. Violations
A violation of this subchapter is deemed to be a violation of 9 V.S.A. § 2453, and is subject to all rights, obligations, and penalties provided under 9 V.S.A. chapter 63. (Added 1985, No. 175 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1351. Definitions

§ 1351. Definitions
As used in this subchapter:
(1) “Association” means all of the site owners acting as a group in accordance with the bylaws and declaration.
(2) “Convert,” “conversion,” or “converted” means a change in character of a mobile home park from a rental to a common interest ownership basis. A condominium or similar arrangement shall be deemed to be such a change in character of ownership. However, “conversion” does not include the creation of a cooperative housing corporation, pursuant to 11 V.S.A. chapter 14.
(3) “Dealer” means a person in the business of selling sites for his or her own account.
(4) “Declarant” means any person who offers for transfer the ownership interest in a mobile home park to a condominium or similar arrangement.
(5) “Commissioner” means the commissioner of the department of housing and community affairs.
(6) “Election period” means the six-month period that begins with the declarant’s submission of notice of intent to convert a mobile home park under section 1353 of this subchapter.
(7) “Leaseholder” means a person who has a leasehold interest derived from the declarant or any site purchaser in a site in a mobile home park to be converted pursuant to this subchapter.
(8) “Mobile home park” means a mobile home park as defined under 10 V.S.A. § 6201(2).
(9) “Nonpurchasing leaseholder” means a leaseholder who has elected not to purchase a site in a mobile home park to be converted pursuant to this subchapter.
(10) “Purchasing leaseholder” means a leaseholder who has elected to purchase a site in a mobile home park to be converted pursuant to this subchapter.
(11) “Site” means the spatial location occupied or to be occupied by a mobile home, including all utilities and amenities appurtenant to the location such as piping, wiring, plants, platforms or supports, lights, walls, and all other improvements but not including the land on which the site is located.
(12) “Site purchaser” means the purchaser of a site from a declarant under this subchapter. A site purchaser may be a purchasing leaseholder or other purchaser of the site.
(13) “Tenant” means a person who has a present possessory interest derived from the leaseholder in a site in a mobile home park to be converted pursuant to this subchapter; any person who leases a mobile home located on the site from the declarant shall be considered a tenant. (Added 1993, No. 97, § 1.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1352. Conversion of mobile home parks permitted

§ 1352. Conversion of mobile home parks permitted
A mobile home park may not be converted except in accordance with this subchapter. For the purpose of this subchapter, the provisions of subdivision 1302(1) of this title shall not be construed to prevent the conversion of a mobile home park. Any sale of a mobile home park shall be governed by the provisions of 10 V.S.A. § 6242; the conversion of a mobile home park under this subchapter shall not be deemed to be a sale. (Added 1993, No. 97, § 1.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1353. Notice of intent to convert a mobile home park

§ 1353. Notice of intent to convert a mobile home park
(a) A declarant shall give notice of intent to convert a mobile home park at least six months prior to giving formal notice of conversion.
(b) The declarant shall provide notice of intent to convert a mobile home park to all leaseholders and the commissioner of the department of housing and community affairs by certified mail.
(c) The notice shall contain:
(1) the name and principal address of the declarant and of any other persons with an ownership interest in the mobile home park, and a statement that the proposed form of ownership is either a condominium or planned community;
(2) a general description of the mobile home park, including to the extent known, the types, number, and the declarant’s schedule of commencement and completion of construction of buildings, and amenities that the declarant anticipates including in the mobile home park;
(3) the number of sites in the mobile home park;
(4) the price of each condominium site;
(5) a statement describing the present condition of the park including all water, sewer and electrical systems, and history of the maintenance and repair of those systems and the status of compliance with all environmental health and safety regulations to the declarant’s best knowledge;
(6) the date by which leaseholders must vote to proceed with conversion of the mobile home park. (Added 1993, No. 97, § 1.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1354. Election period

§ 1354. Election period
(a) The declarant shall provide leaseholders an election period of at least six months from the date that notice of intent to convert a mobile home park is given, to allow leaseholders to consider their options to either purchase their site, or to vote against conversion.
(b) During the election period, the declarant, representatives of the leaseholders, members of the department of housing and community affairs, and advocates of the leaseholders shall have access to the mobile home park and the leaseholders to facilitate meetings and informational sessions so that the leaseholders may evaluate their options prior to voting on the proposed conversion.
(c) Leaseholders shall vote either to pursue a conversion or not to pursue a conversion before the end of the election period. Each leaseholder shall have one vote per leasehold, except that no leaseholder shall have more than 30 percent of the aggregate park vote. The commissioner shall assist the leaseholders to hold an election using secret ballots.
(d) If leaseholders representing at least 70 percent of the leaseholds elect to pursue a conversion, the declarant may proceed toward conversion by following the requirements under sections 1355-1362 of this subchapter.
(e) If leaseholders representing less than 70 percent of the leaseholds elect to pursue a conversion, a conversion shall not take place without providing additional notice pursuant to section 1353 of this title. (Added 1993, No. 97, § 1.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1356. Leaseholder conversion period

§ 1356. Leaseholder conversion period
(a) Each leaseholder shall have a conversion period of six months from the date of notice of conversion to elect to become either a purchasing or a nonpurchasing leaseholder.
(b) During the conversion period, the declarant shall offer to convey each site to the leaseholder at the price, terms and conditions stated in the notice of conversion. Unless the leaseholder provides written notice that the leaseholder will not purchase the site, the declarant may not offer the site for sale to any other person within the conversion period.
(c) A leaseholder may elect to become a purchasing leaseholder by negotiating a purchase and sale agreement with the declarant within the conversion period. Such agreement shall be on terms at least as favorable to the leaseholder as those stated in the notice of conversion. A leaseholder may assign the purchase and sale agreement to any site purchaser.
(d) Failure to elect under this section within the conversion period shall be deemed to be an election to become a nonpurchasing leaseholder. (Added 1993, No. 97, § 1.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1358. Protection of nonpurchasing leaseholders

§ 1358. Protection of nonpurchasing leaseholders
(a) A nonpurchasing leaseholder shall have the right to continue the leasehold interest in the site on which the leaseholder’s mobile home is located.
(b) A declarant or site purchaser shall not accept an offer for a site without providing the leaseholder the opportunity to purchase the site at the price, terms and conditions stated in the offer. If the leaseholder accepts the offer, the declarant or site purchaser shall sell the unit to the leaseholder; the leaseholder shall enter into a purchase and sales agreement with the declarant at the same terms stated in the notice of offer within 30 working days after the declarant’s notice to the leaseholder of the offer. The declarant’s notice of offer shall be delivered by certified mail.
(c) If a nonpurchasing leaseholder elects to move from the mobile home park and gives notice to the declarant during the conversion period, the declarant shall pay the nonpurchasing leaseholder’s relocation costs as follows:
(1) The leaseholder shall make a good faith effort to move the mobile home, and shall have the obligation to restore the site to the condition it was in prior to occupation by the leaseholder, reasonable wear and tear excepted.
(2) Subject to the obligations stated in subdivision (1) of this subsection, the declarant shall pay to a nonpurchasing leaseholder who removes a mobile home from the site the actual documented reasonable costs of relocating the household in possession and the mobile home, not to exceed $2,200.00.
(3) Subject to the obligations stated in subdivision (1) of this subsection, in the event the nonpurchasing leaseholder vacates the site but does not move the mobile home from the site, the declarant shall pay to the nonpurchasing leaseholder the actual documented reasonable costs of relocating the household in possession, not to exceed $1,000.00, provided that:
(A) the nonpurchasing leaseholder transfers title to the mobile home to the declarant;
(B) the nonpurchasing leaseholder transfers title to a third party who moves the mobile home within 30 days after the date upon which the nonpurchasing leaseholder vacates the mobile home;
(C) the nonpurchasing leaseholder transfers title to the mobile home to a purchasing leaseholder of the site on which the mobile home is located.
(d) After the date of the notice of conversion, and unless otherwise modified by this subchapter, the provisions of 10 V.S.A. chapter 153 shall apply to all leases within the mobile home park. A leaseholder may not be required to vacate except for failure to comply with the obligation imposed on the leaseholder by this subchapter, or for the reasons specified in 10 V.S.A. § 6237(a), provided that the conversion of the mobile home park shall not constitute a change in use or a termination of the park.
(e) Any rights granted leaseholders under this subchapter against the declarant shall apply against any transferees of a site from the declarant. (Added 1993, No. 97, § 1; amended 2023, No. 6, § 368, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1359. Protection of tenants

§ 1359. Protection of tenants
(a) Within 30 days after the notice of conversion, a leaseholder must notify any tenants in possession of the leased site of the intended conversion. The notice shall be delivered by certified mail to the tenant. The notice of conversion shall contain at least a notice of the intended conversion, the nature of the leaseholder’s possessory interest in the site, and a description of the tenant’s rights under subchapter 2 of this chapter.
(b) A tenant shall have the same rights against the leaseholder as are provided to tenants of buildings against declarants under subchapter 2 of this chapter. (Added 1993, No. 97, § 1; amended 2023, No. 6, § 369, eff. July 1, 2023.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1360. Stabilization of lot rent

§ 1360. Stabilization of lot rent
(a) As soon as a declarant gives notice of intent to convert as provided by section 1353 of this subchapter, the lot rents of all leaseholders in the park shall be reduced to the level in effect three months prior to the notice of intent to convert.
(b) The lot rent charged for sites occupied by leaseholders shall not be increased during the period beginning with the notice of intent to convert as provided by section 1353 of this subchapter and ending either when the condominium association takes control of the common areas of the park, or at the expiration of the conversion period as provided by section 1356 of this subchapter, whichever is later.
(c) Following the period designated in subsection (b) of this section, the annual lot rent charged for sites occupied by nonpurchasing leaseholders may be increased by no more than an amount that is equal to the amount of any annual increase in the fees charged by the condominium association to its members. In no event may the lot rent charged to nonpurchasing leaseholders be increased more frequently than as provided for in 10 V.S.A. § 6236. (Added 1993, No. 97, § 1.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1361. Enforcement

§ 1361. Enforcement
(a) A rent increase greater than that provided for by section 1360 of this subchapter is unenforceable to the extent the increase exceeds that provided for in that section.
(b) A declarant or site purchaser shall not commence eviction proceedings against a leaseholder for nonpayment of the part of the lot rent which represents an increase in excess of that provided for in section 1360 of this subchapter. (Added 1993, No. 97, § 1.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1362. Waiver prohibited

§ 1362. Waiver prohibited
No lease or rental agreement, oral or written, shall contain any provision by which the tenant or leaseholder prospectively waives any of his or her rights under this subchapter. Any such waiver shall be deemed contrary to public policy and shall be unenforceable and void. (Added 1993, No. 97, § 1.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1363. Circumvention of this subchapter

§ 1363. Circumvention of this subchapter
A declarant shall not attempt to circumvent the provisions of this subchapter; nor shall any person willfully cause a tenant or leaseholder to vacate a dwelling unit or to be evicted from the site without good cause before issuance of the notice prescribed in section 1353 of this title. (Added 1993, No. 97, § 1.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1364. Protection against harassment

§ 1364. Protection against harassment
(a) No park owner or site owner may willfully cause, directly or indirectly, the interruption or termination of any utility service being supplied to a resident, except for temporary interruptions for emergency repairs.
(b) No park owner or site owner may directly or indirectly deny a resident access to and possession of the resident’s rented or leased premises, except through proper judicial process.
(c) No park owner or site owner may directly or indirectly deny a resident access to and possession of the resident’s property, except through proper judicial process.
(d) Any resident who sustains damage or injury as a result of an illegal eviction may bring an action for injunctive relief, damages, costs, and reasonable attorney’s fees.
(e) A court may award reasonable attorney’s fees to the park owner or site owner if, upon motion and hearing, it is determined that the action was not brought in good faith and was frivolous or intended for harassment only.
(f) A park owner or site owner may not retaliate by establishing or changing terms of a rental agreement or by bringing or threatening to bring an action against a resident who has not elected to become a purchasing leaseholder or who has organized or become a member of a resident’s association or similar organization.
(g) If a park owner or site owner acts in violation of this section, the resident is entitled to recover damages and reasonable attorney’s fees and has a defense in any retaliatory action for possession. (Added 1993, No. 97, § 1.)
2023 Vermont Statutes › Title 27 - Property › Chapter 15 - Condominium Ownership Act › § 1365. Violations

§ 1365. Violations
A violation of this subchapter is deemed to be a violation of 9 V.S.A. § 2453, and is subject to all rights, obligations, and penalties provided under 9 V.S.A. chapter 63. (Added 1993, No. 97, § 1.)
2023 Vermont Statutes › Title 27 - Property › Chapter 17 - Filing of Land Plats › § 1401. Acceptance of survey plats; definition

§ 1401. Acceptance of survey plats; definition
(a) Each town clerk shall accept survey plats for filing and maintain files and indices to files of survey plats in accordance with this chapter.
(b) As used in this chapter:
(1) “Survey plat” means a map or plan drawn to scale of one or more parcels, tracts, or subdivisions of land, showing, but not limited to, boundaries, corners, markers, monuments, easements, and other rights.
(2) “Center” means the Vermont Center for Geographic Information.
(c)(1) Whenever a survey plat that maps the subdivision of a parcel or a change in a parcel boundary is filed for record with a town clerk, the surveyor who created the survey plat shall submit a digital copy of the plat to the Center. The Center shall maintain digital copies of survey plats in a statewide digital repository and make them available to the public.
(2) The failure of a surveyor to comply with subdivision (1) of this subsection shall not void, alter, or invalidate the subdivision or boundary adjustment and shall not render the title to the property depicted in the survey plat unmarketable.
(d) The survey plat filed with the town clerk shall be the official plat of record. (Added 1969, No. 235 (Adj. Sess.), § 3, amended 1991, No. 163 (Adj. Sess.), § 1; 2019, No. 38, § 3, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 27 - Property › Chapter 17 - Filing of Land Plats › § 1404. Exemptions

§ 1404. Exemptions
(a) Survey plats prepared and filed by municipal and State government agencies shall be exempt from subdivision 1403(b)(5) of this chapter. Each plat sheet filed under this exemption shall contain a title area in the lower right-hand corner of the sheet stating the location of the land, the scale expressed in engineering units, and the date of compilation. Highway plats or plans filed under this exemption shall also include right-of-way detail sheets and a title sheet.
(b) Survey plats prepared and filed in accordance with 24 V.S.A. § 4463 shall be exempt from subdivision 1403(b)(5) of this chapter. Survey plats or plans filed under this exemption shall contain a title area, the location of the land, and scale expressed in engineering units. In addition, they shall include inscriptions and data required by zoning and planning boards.
(c) Survey plats prepared and filed in accordance with chapter 15 of this title shall be exempt from subdivision 1403(b)(5) of this chapter. Each plat sheet filed under this exemption shall contain a title area stating the location of the land, the scale expressed in engineering or architectural units, and the date of compilation. (Added 1969, No. 235 (Adj. Sess.), § 3; amended 1991, No. 163 (Adj. Sess.), § 1; 2011, No. 155 (Adj. Sess.), § 16; 2013, No. 167 (Adj. Sess.), § 30; 2015, No. 156 (Adj. Sess.), § 19.)
2023 Vermont Statutes › Title 27 - Property › Chapter 17 - Filing of Land Plats › § 1405. Applicability

§ 1405. Applicability
This chapter does not apply to layout plats of highways or other transportation facilities prepared by or for the agency of transportation, other than plats of individual parcels, before that agency issues a right-of-way clearance certificate for a transportation project. When the agency of transportation issues a right-of-way clearance certificate for a transportation project, it also shall file with the appropriate municipal clerk one set of plans that conforms to the requirements of this chapter, with instructions to the clerk to dispose of all previously filed plats for that particular project. (Added 1969, No. 235 (Adj. Sess.), § 3; amended 1993, No. 61, § 29, eff. June 3, 1993; 1997, No. 150 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 27 - Property › Chapter 17 - Filing of Land Plats › § 1406. Prohibition

§ 1406. Prohibition
A town clerk shall not accept any survey plat for filing unless it is in compliance with the requirements of this chapter. (Added 1969, No. 235 (Adj. Sess.), § 3; amended 1991, No. 163 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 27 - Property › Chapter 18 - Unclaimed Property › § 1453. Inapplicability to foreign transaction

§ 1453. Inapplicability to foreign transaction
This chapter does not apply to property held, due, and owing in a foreign country if the transaction out of which the property arose was a foreign transaction. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 27 - Property › Chapter 18 - Unclaimed Property › § 1454. Rulemaking

§ 1454. Rulemaking
The Administrator may adopt rules pursuant to 3 V.S.A. chapter 25, to implement and administer this chapter. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 27 - Property › Chapter 18 - Unclaimed Property › § 1463. When other tax-deferred account presumed abandoned

§ 1463. When other tax-deferred account presumed abandoned
Subject to section 1469 of this title and except for property described in section 1462 of this title and property held in a plan described in 26 U.S.C. § 529A, as may be amended, property held in an account or plan, including a health savings account, that qualifies for tax deferral under the income tax laws of the United States is presumed abandoned if it is unclaimed by the apparent owner three years after the earlier of:
(1) the date, if determinable by the holder, specified in the income tax laws and regulations of the United States by which distribution of the property must begin to avoid a tax penalty, with no distribution having been made; or
(2) 30 years after the date the account was opened. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 27 - Property › Chapter 18 - Unclaimed Property › § 1464. When custodial account for minor presumed abandoned

§ 1464. When custodial account for minor presumed abandoned
(a) Subject to section 1469 of this title, property held in an account established under a state’s Uniform Gifts to Minors Act or Uniform Transfers to Minors Act is presumed abandoned if it is unclaimed by or on behalf of the minor on whose behalf the account was opened three years after the later of:
(1) except as in subdivision (2) of this subsection, the date a second consecutive communication sent by the holder by first-class U.S. mail to the custodian of the minor on whose behalf the account was opened is returned undelivered to the holder by the U.S. Postal Service;
(2) if the second communication is sent later than 30 days after the date the first communication is returned undelivered, the date the first communication was returned undelivered; or
(3) the date on which the custodian is required to transfer the property to the minor or the minor’s estate in accordance with the Uniform Gifts to Minors Act or Uniform Transfers to Minors Act of the state in which the account was opened.
(b) If the holder does not send communications to the custodian of the minor on whose behalf an account described in subsection (a) of this section was opened by first-class U.S. mail, the holder shall attempt to confirm the custodian’s interest in the property by sending the custodian an electronic-mail communication not later than two years after the custodian’s last indication of interest in the property. However, the holder promptly shall attempt to contact the custodian by first-class U.S. mail if:
(1) the holder does not have information needed to send the custodian an electronic-mail communication or the holder believes that the custodian’s electronic-mail address in the holder’s records is not valid;
(2) the holder receives notification that the electronic-mail communication was not received; or
(3) the custodian does not respond to the electronic-mail communication not later than 30 days after the communication was sent.
(c) If first-class U.S. mail sent under subsection (b) of this section is returned undelivered to the holder by the U.S. Postal Service, the property is presumed abandoned three years after the later of:
(1) the date a second consecutive communication to contact the custodian by first-class U.S. mail is returned to the holder undelivered by the U.S. Postal Service; or
(2) the date established by subdivision (a)(3) of this section.
(d) When the property in the account described in subsection (a) of this section is transferred to the minor on whose behalf an account was opened or to the minor’s estate, the property in the account is no longer subject to this section. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 27 - Property › Chapter 18 - Unclaimed Property › § 1465. When contents of safe-deposit box presumed abandoned

§ 1465. When contents of safe-deposit box presumed abandoned
Tangible property held in a safe-deposit box and proceeds from a sale of the property by the holder permitted by law of this State other than this chapter are presumed abandoned if the property remains unclaimed by the apparent owner five years after the earlier of the:
(1) expiration of the lease or rental period for the box; or
(2) earliest date when the lessor of the box is authorized by law of this State other than this chapter to enter the box and remove or dispose of the contents without consent or authorization of the lessee. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)