PDF Version
Section Name Section Number
Short title. § 1
Applicability of chapter. § 2
Definitions. § 3
Status of the units. § 4
Removing or altering partition or creating aperture between adjoining units. § 4.5
Recognized tenancy relationships. § 5
Ownership and possession rights. § 6
Information required before sale to independent third party. § 6.1
Fee for providing payoff information needed at closing. § 6.3
Limit on fee for approval of plans. § 6.7
Common areas and facilities. § 7
Scope -- Designation of certain areas. § 7.2
Reserve analysis -- Reserve fund. § 7.5
Compliance with covenants, bylaws and/or house rules and administrative provisions. § 8
Equal treatment by rules required -- Limits on rules. § 8.1
Certain work prohibited. § 9
Contents of declaration. § 10
Rental restrictions. § 10.1
Indemnification and limit of liability. § 10.3
Amending the declaration to make provisions of this chapter applicable. § 10.5
Board action to enforce governing documents -- Parameters. § 10.7
Contents of deeds of units. § 11
Recording. § 12
Condominium plat to be recorded. § 13
Registration with Department of Commerce -- Department publication of educational materials. § 13.1
Conversion of convertible land -- Amendment to declaration -- Limitations. § 13.2
Conversion of convertible space -- Amendment to declaration -- Limitations. § 13.4
Expansion of project. § 13.6
Contraction of project. § 13.8
Condominiums containing convertible land -- Expandable condominiums -- Allocation of interests in common areas and facilities. § 13.1
Land to be withdrawn or added to project -- Applicability of restrictions. § 13.12
Easement rights -- Sales offices and model units -- Damage to property. § 13.14
Legal description of units. § 14
Bylaws. § 15
Contents of bylaws. § 16
Appointment and removal of committee members and association officers -- Renewal or ratification of contracts -- Failure to establish association or committee. § 16.5
Records -- Availability for examination. § 17
Blanket mortgages and other blanket liens affecting unit at time of first conveyance. § 18
Liens against units -- Removal from lien -- Effect of part payment. § 19
Acquisition through tax deed or foreclosure of liens. § 21
Removal of property from statutory provisions. § 22
Removal no bar to subsequent resubmission. § 23
Common profits, common expenses, and voting rights -- Unit -- Unconstructed unit. § 24
Joint and several liability of grantor and grantee for unpaid common expenses. § 25
Waiver of use of common areas and facilities -- Abandonment of unit. § 26
Separate taxation. § 27
Exemption from rules of property. § 28
Application of insurance proceeds to reconstruction. § 30
Disposition of property where insurance proceeds are insufficient for reconstruction. § 31
Sale of property. § 32
Property taken by eminent domain -- Allocation of award -- Reallocation of interests. § 32.5
Actions. § 33
Persons subject to provisions and agreements. § 34
Effect of other laws -- Compliance with ordinances and codes -- Approval of projects by municipality or county. § 35
Existing projects -- Effect of statutory amendments. § 36
Fines. § 37
Arbitration. § 38
Limitation on requirements for amending governing documents -- Limitation on contracts. § 39
Organization of an association of unit owners under other law -- Governing document hierarchy -- Reorganization. § 40
Lender approval -- Declaration amendments and association action. § 41
Fair and reasonable notice. § 42
Insurance. § 43
Lien in favor of association of unit owners for assessments and costs of collection. § 44
Enforcement of a lien. § 45
Notice of nonjudicial foreclosure -- Limitations on nonjudicial foreclosure. § 46
Provisions applicable to nonjudicial foreclosure. § 47
One-action rule not applicable -- Abandonment of enforcement proceedings. § 48
Costs and attorney fees in lien enforcement action. § 49
Action to recover unpaid assessment. § 50
Appointment of receiver. § 51
Termination of a delinquent owner's rights -- Notice -- Informal hearing. § 52
Requiring tenant in residential condominium unit to pay rent to association of unit owners if owner fails to pay assessment. § 53
Statement from manager or management committee of unpaid assessment. § 54
Consolidation of multiple associations of unit owners. § 55
Association of unit owners' right to pay delinquent utilities. § 56
Management committee meetings -- Open meetings. § 57
Liability of declarant or management committee -- Period of declarant control. § 58
Management committee act for association of unit owners. § 59
Administration of funds. § 60
 

DISCOVER MORE

Featured
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.

Back to Top