Condominium Ownership

V.S.A. tit. 27, ch. 15, subch. 1

in effect

27 V.S.A. § 1301 Short title

1301. Short title This chapter shall be known as the “Condominium Ownership Act.” Added 1967, No. 228 (Adj. Sess.), § 1, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.

1302. Definitions As used in this chapter, unless the context otherwise requires: (1) “Apartment” means a part of the property intended for any type of independent use, including commercial uses. An “apartment” is one or more rooms or enclosed spaces located on one or more floors in a building, and with a direct exit to a public street or highway or to a common area leading to a street or highway. (2) “Apartment owner” means the person owning an apartment in fee simple absolute or any other estate in real property recognized by law and an undivided interest in the fee simple estate or any other estate in real property recognized by law of the common areas and facilities in the percentage specified and established in the declaration. (3) “Apartment number” or “site number” means the number, letter, or combination thereof, designating the apartment or site in the declaration. (4) “Association of owners” means all of the apartment or site owners acting as a group in accordance with the bylaws and declaration. (5) “Building” means a building containing two or more apartments, or two or more buildings containing a total of two or more apartments, and comprising a part of the property. (6) “Common areas and facilities,” unless otherwise provided in the declaration or lawful amendments thereto, includes: (A) land on which the building or site is located; (B) foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, and entrances and exits of the building; (C) basements, yards, gardens, private roads and streets, parking areas, and storage spaces; (D) premises for the lodging of janitors or persons in charge of the property; (E) installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, sewage disposal, and incinerating; (F) elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use; (G) such community and commercial facilities as may be provided for in the declaration; and (H) all other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use. (7) “Common expenses” include: (A) all sums lawfully assessed against the apartment or site owners by the association of owners; (B) expenses of administration, maintenance, repair, or replacement of the common areas and facilities; (C) expenses agreed upon as common expenses by the association of owners; and (D) expenses declared common expenses by this chapter, or by the declaration or the bylaws. (8) “Common profits” means the balance of all income, rents, profits, and revenues from the common areas and facilities remaining after the deduction of the common expenses. (9) “Declaration” means the instrument by which the property is made subject to this chapter, as herein provided, and as the instrument may be amended from time to time. (10) “Limited common areas and facilities” means those common areas and facilities designated in the declaration as reserved for use of a certain apartment or apartments or sites to the exclusion of other apartments or sites. (11) “Majority” or “majority of apartment owners” or “majority of site owners” means the apartment or site owners with more than fifty per cent of the votes in accordance with the percentages assigned in the declaration to the apartments or sites for voting purposes. (12) “Person” means an individual, corporation, partnership, association, trustee, or other legal entity. (13) “Property” includes the land, the building or site and all improvements and structures thereon all owned in fee simple absolute or any other estate in real property recognized by law and all easements, rights, and appurtenances thereto, and all articles of personal property intended for use in connection therewith, which have been or are intended to be made subject to this chapter. (14) “Site” means the spatial location occupied or to be occupied by a manufactured home, including all utilities and amenities appurtenant to the location such as piping, wiring, plants, platforms or supports, lights, walls, and other improvements but not including the land on which the site is located. (15) “Manufactured home park” has the meaning given in 10 V.S.A. § 6201. Added 1967, No. 228 (Adj. Sess.), § 2, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 2023, No. 6, § 357, eff. July 1, 2023; 2023, No. 161 (Adj. Sess.), § 25, eff. June 6, 2024.

27 V.S.A. § 1303 Application of chapter

1303. Application of chapter This chapter shall apply only to property, the sole owner or all of the owners of which make the property subject to this chapter by duly executing and recording a declaration as provided in this chapter. Added 1967, No. 228 (Adj. Sess.), § 3, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 2023, No. 6, § 358, eff. July 1, 2023.

27 V.S.A. § 1304 Status of the apartments or sites

1304. Status of the apartments or sites Each apartment or site, together with its undivided interest in the common areas and facilities, shall for all purposes constitute real property. Added 1967, No. 228 (Adj. Sess.), § 4, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.

27 V.S.A. § 1305 Ownership of apartments or sites

1305. Ownership of apartments or sites Each apartment or site owner shall be entitled to the exclusive ownership and possession of his or her apartment or site. Added 1967, No. 228 (Adj. Sess.), § 5, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.

27 V.S.A. § 1306 Common areas and facilities

1306. Common areas and facilities (a) Each apartment or site owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the declaration. That percentage shall be computed by taking as a basis the value of the apartment or site in relation to the value of the property. (b) The percentage of the undivided interest of each apartment or site owner in the common areas and facilities as expressed in the declaration shall have a permanent character and shall not be altered without the consent of all of the apartment or site owners expressed in an amended declaration duly recorded. The percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment or site to which it appertains and shall run with the interest conveyed or encumbered even though not expressly mentioned or described. (c) Common areas and facilities shall remain undivided. No apartment or site owner or any other person may bring any action for partition or division of any part thereof, unless the property has been removed from the provisions of this chapter as provided in sections 1316 and 1326 of this title. Any covenant to the contrary shall be null and void. (d) Each apartment or site owner may use his or her respective common areas and facilities in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights of the other apartment or site owners. (e) The necessary work of maintenance, repair, and replacement of the common areas and facilities and the making of any additions or improvements thereto shall be carried out only as provided in this section and in the bylaws. (f) The association of owners shall have the irrevocable right, to be exercised by the manager or board of directors, to have access to each apartment or site from time to time during reasonable hours as may be necessary for the maintenance, repair, or replacement of any of the common areas and facilities therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to another apartment or apartments or sites. Added 1967, No. 228 (Adj. Sess.), § 6, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 2023, No. 6, § 359, eff. July 1, 2023.

27 V.S.A. § 1307 Compliance with covenants, bylaws, and administrative provisions

1307. Compliance with covenants, bylaws, and administrative provisions Each apartment or site owner shall comply strictly with the bylaws and with the administrative rules adopted under them, as either may be lawfully amended from time to time, and with the covenants, conditions, and restrictions set forth in the declaration or in the deed to his or her apartment or site. Failure to comply with them shall be grounds for an action to recover sums due, for damages or injunctive relief or both maintainable by the manager or boards of directors on behalf of the association of owners or, in a proper case, by an aggrieved apartment or site owner. Added 1967, No. 228 (Adj. Sess.), § 7, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.

27 V.S.A. § 1308 Certain work prohibited

1308. Certain work prohibited No apartment or site owner may do any work that would jeopardize the soundness or safety of the property, reduce the value thereof, or impair an easement or hereditament without the unanimous consent of all the other apartment or site owners being first obtained. Added 1967, No. 228 (Adj. Sess.), § 8, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.

27 V.S.A. § 1309 Liens against apartments or sites; removal from lien; effect of part payment

1309. Liens against apartments or sites; removal from lien; effect of part payment (a) After recording the declaration as provided in this chapter, and while the property remains subject to this chapter, no lien may thereafter arise or be effective against the property. During that period, liens or encumbrances shall arise or be created only against each apartment or site and the percentage of undivided interest in the common areas and facilities, appurtenant to that apartment or site, in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership. Labor performed or materials furnished with the consent or at the request of an apartment or site owner or the owner’s agent or the owner’s contractor or subcontractor shall not be a basis for filing a mechanic’s lien against the apartment or site or any other property of any other apartment or site owner not expressly consenting to or requesting the work, except that the express consent shall be deemed to be given to the owner of any apartment or site in the case of emergency repairs. Labor performed and materials furnished for the common areas and facilities, if duly authorized by the association of owners, the manager, or board of directors, in accordance with this chapter, the declaration, or bylaws, shall constitute a basis for filing a mechanic’s lien against each of the apartments or sites and shall be subject to the provisions of subsection (b) of this section. (b) If a lien against two or more apartments or sites becomes effective, the owners of the separate apartment or site may remove their apartment or site and the percentage of undivided interest in the common areas and facilities appurtenant to that apartment or site from the lien by payment of the fractional or proportional amounts attributable to each of the apartments or sites affected. The individual payment shall be computed by reference to the percentages appearing on the declaration. After any payment, discharge, or other satisfaction the apartment or site and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be free and clear of the lien so paid, satisfied, or discharged. That partial payment, satisfaction, or discharge shall not prevent the lien holder from proceeding to enforce the lien holder’s rights against the rest of the undischarged property. Added 1967, No. 228 (Adj. Sess.), § 9, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 2023, No. 6, § 360, eff. July 1, 2023.

27 V.S.A. § 1310 Common profits and expenses

1310. Common profits and expenses Annually, the common profits of the property may be distributed among, and the common expenses shall be charged to, the apartment or site owners according to the percentage of the undivided interest in the common areas and facilities. Added 1967, No. 228 (Adj. Sess.), § 10, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.

27 V.S.A. § 1311 Contents of declaration

1311. Contents of declaration The declaration shall contain the following particulars: (1) Description of the land on which the building or sites and improvements are or are to be located. (2) In the case of a building, a description of the building, stating the number of stories and basements, the number of apartments and the principal materials of which it is or is to be constructed; in the case of a manufactured home park, a description of the entire property, stating the number of sites, the utilities and amenities provided to the several sites, the principal materials of which the manufactured home foundations, walks, drives, and streets are or are to be constructed, and any buildings on the property. (3) The apartment number of each apartment or site, and a statement of its location, approximate area, number of rooms in the case of an apartment, and immediate common area to which it has access, and any other data necessary for its proper identification. (4) Description of the common areas and facilities. (5) Description of the limited common areas and facilities, if any, stating to which apartments or sites their use is reserved. (6) Value of the property and of each apartment or site, and the percentage of undivided interest in the common areas and facilities appertaining to each apartment or site and its owner for all purposes, including voting. (7) Statement of the purposes for which each building and each of the apartments or sites are intended and restricted as to use. (8) The name of a person to receive service of process in the cases provided in this section, together with the person’s residence or place of business which shall be within the city or county where the property is located. (9) Provision as to the percentage of votes by the apartment or site owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all or part of the property. (10) Any further details in connection with the property that the person executing the declaration may consider desirable to set forth consistent with this chapter. (11) The method by which the declaration may be amended, consistent with this chapter. (12) Reference to recorded floor plan in the case of a building or site plan in the case of a manufactured home park, and recorded lot plan. Added 1967, No. 228 (Adj. Sess.), § 11, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 2023, No. 6, § 361, eff. July 1, 2023.

27 V.S.A. § 1312 Contents of deeds of apartments or sites

1312. Contents of deeds of apartments or sites Deeds of apartments or sites shall include the following particulars: (1) Description of the land as provided in section 1311 of this title, or the post office address of the property, including in either case the book, page and date of recording of the declaration. (2) The apartment number of the apartment or site in the declaration and any other data necessary for its proper identification. (3) Statement of the use for which the apartment or site is intended and restrictions on its use. (4) The percentage of undivided interest appertaining to the apartment or site in the common areas and facilities. (5) Any further details that the grantor and grantee may consider desirable to set forth consistent with the declaration and this chapter. (6) Reference to recorded floor plan or site plan, and recorded lot plan. Added 1967, No. 228 (Adj. Sess.), § 12, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.

27 V.S.A. § 1313 Copy of the floor plans to be filed

1313. Copy of the floor plans to be filed (a) Simultaneously with the recording of the declaration there shall be filed in the office of the recording officer a lot plan and, in the case of an apartment building, a set of the floor plans of the building showing the layout, location, apartment or site numbers, and dimensions of the apartments or sites, stating the name of the building or that it has no name. In the case of a manufactured home park, there shall be filed in the office of the recording officer a site plan showing the layout, location, site numbers, and dimensions of the sites, and the layout, location, and materials of all utilities, including underground utilities. Each set of building or site plans shall bear the verified statement of a licensed architect, licensed professional engineer, or licensed land surveyor certifying that it is an accurate copy of portions of the plans of the building or site as filed with and approved by the municipal or other governmental subdivision having jurisdiction over the issuance of permits for the construction of buildings or manufactured home parks. If the plans do not include a verified statement by the licensed architect, licensed professional engineer, or licensed land surveyor that they fully and accurately depict the layout, location, apartment or site numbers, and dimensions of the apartments or sites as built, there shall be recorded before the first conveyance of any apartment or site an amendment to the declaration, to which shall be attached a verified statement of a licensed architect, licensed professional engineer, or licensed land surveyor certifying that the plans previously filed, or being filed simultaneously with the amendment, fully and accurately depict the layout, location, apartment or site numbers, and dimensions of the apartments or sites as built. Plans shall be kept by the recording officer in a separate file for each building or park, indexed in the same manner as conveyance entitled to record, numbered serially in the order of receipt, each designated “apartment ownership” or “site ownership,” with the name of the building or park, if any, each containing a reference to the book, page, and date of recording of the declaration. Correspondingly, the record of the declaration shall contain a reference to the file number of the floor plans of the building or of the site plans of the parks affected. (b) If the declaration has been of record for 15 or more years, no effect on marketability of title shall be created by failure to file or record floor plans. Added 1967, No. 228 (Adj. Sess.), § 13, eff. Jan. 23, 1968; amended 1989, No. 139 (Adj. Sess.); 1993, No. 97, § 2; 2017, No. 24, § 4, eff. May 4, 2017.

27 V.S.A. § 1314 Blanket mortgages and other blanket liens affecting an apartment or site at time of first conveyance

1314. Blanket mortgages and other blanket liens affecting an apartment or site at time of first conveyance At the time of the first conveyance of each apartment or site, every mortgage and other lien affecting the apartment or site, including the percentage of undivided interest of the apartment or site in the common areas and facilities, shall be paid and satisfied of record, or the apartment or site being conveyed and its percentage of undivided interest in the common areas and facilities shall be released therefrom by partial release duly recorded. Added 1967, No. 228 (Adj. Sess.), § 14, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.

27 V.S.A. § 1315 Recording

1315. Recording (a) The declaration, any amendment or amendments thereof, any instrument by which this chapter may be waived, and every instrument affecting the property or any apartment or site shall be entitled to be recorded. Neither the declaration nor any amendment thereof shall be valid unless duly recorded. (b) In addition to the records and indexes required to be maintained by the recording officer, the recording officer shall maintain an index or indexes in which the record of each declaration contains a reference to the record of each conveyance of an apartment or site affected by the declaration, and the record of each conveyance of an apartment or site contains a reference to the declaration of the building of which the apartment is a part and the record of each conveyance of a site contains a reference to the declaration of the property of which the site is a part. Added 1967, No. 228 (Adj. Sess.), § 15, eff. Jan. 23, 1968; amended 1993, No. 97 § 2; 2023, No. 6, § 362, eff. July 1, 2023.

27 V.S.A. § 1316 Termination, dissolution

1316. Termination, dissolution (a) All of the apartment or site owners may remove a property from the provisions of this chapter by an instrument to that effect, duly recorded, if the holders of all liens affecting any of the apartments or sites consent or agree, in either case by instruments duly recorded, that their liens be transferred to the percentage of the undivided interest of the apartment or site owner in the property as provided in this section. (b) Upon removal of the property from the provisions of this chapter, the property shall be considered to be owned in common by the apartment or site owners. 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. Added 1967, No. 228 (Adj. Sess.), § 16, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 2023, No. 6, § 363, eff. July 1, 2023.

27 V.S.A. § 1317 Resubmission

1317. Resubmission The removal provided for in section 1316 of this title shall in no way bar the subsequent resubmission of the property to the provisions of this chapter. Added 1967, No. 228 (Adj. Sess.), § 17, eff. Jan. 23. 1968; amended 1993, No. 97, § 2.

27 V.S.A. § 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.

27 V.S.A. § 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 manufactured 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.

27 V.S.A. § 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.

27 V.S.A. § 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.

27 V.S.A. § 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.

27 V.S.A. § 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.

27 V.S.A. § 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.

27 V.S.A. § 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.

27 V.S.A. § 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.

27 V.S.A. § 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.

27 V.S.A. § 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.

27 V.S.A. § 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.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/27/015Fetched: 10/21/2026