§ 34-36.1-1.02 Applicability.
(a)(1) This chapter applies to all condominiums created within this state after
July 1, 1982, except that any condominium created within this state prior to
July 1, 1982, may voluntarily accept the provisions of this chapter in lieu of
the provisions under which it was originally organized. Acceptance shall be
evidenced by an agreement in writing executed by and in behalf of the
condominium association and by all of the owners of all of the individual
condominium units within the condominium, in which agreement it is clearly
stated that they all accept the provisions of this chapter in lieu of those in
the statute under which the condominium was organized and wish to be governed
in the future by the provisions of this chapter. The agreement shall be
recorded in the land evidence records of each and every town or city where all
or any part of the land in the condominium concerned may be located and shall
become effective when first so recorded. The acceptance shall only apply to the
governance of the condominium concerned as to all matters which are prospective
or executory in nature; and nothing herein shall be deemed to abrogate, amend,
limit, effect, or impair the continued effectiveness, legality, or validity of
all actions lawfully taken by or in behalf of the condominium prior to the
effective date of the acceptance, including, but without limitation, the
condominium declaration and all amendments thereto, the by-laws of the
condominium and/or of its association, all deeds, mortgages, leases and any
further documents affecting the titles or rights of unit owners, or of the
condominium or the prior lawful acts or deeds of any kind, of the condominium
association, its officers, directors, or members.
(2) Sections 34-36.1-1.05 (separate titles and taxation),
34-36.1-1.06 (applicability of local ordinances, regulations, and building
codes), 34-36.1-1.07 (eminent domain), 34-36.1-2.03 (construction and validity
of declaration and bylaws), 34-36.1-2.04 (description of units),
34-36.1-3.02(a)(1) (6) and (11) (17) (powers of unit owners'
association), 34-36.1-3.11 (tort and contract liability), 34-36.1-3.16 (lien
for assessments), 34-36.1-3.18 (association records), 34-36.1-4.09 (resale of
units), and 34-36.1-4.17 (effect of violation on rights of action; attorney's
fees), § 34-36.1-3.20 (enforcement of declaration, bylaws and rules), and
34-36.1-1.03 (definitions), to the extent necessary in construing any of those
sections, apply to all condominiums created in this state before July 1, 1982;
but those sections apply only with respect to events and circumstances
occurring after July 1, 1982 and do not invalidate existing provisions of the
declaration, bylaws, plats, or plans of those condominiums.
(3) A condominium created as an additional phase by amendment
of a condominium created prior to July 1, 1982, if the original declaration
contemplated the amendment, shall be deemed to be a condominium created prior
to July 1, 1982; provided, however, the provisions of subdivision (a)(2) shall
apply as defined therein.
(4) Section 34-36.1-3.21 (foreclosure of condominium lien)
applies, with respect to all condominiums created in this state prior to June
19, 1991, only with respect to events and circumstances occurring after June
18, 1991, does not invalidate existing provisions of the declarations, bylaws,
plats, or plans of those condominiums, and applies in all respects to all
condominiums created in this state after June 18, 1991.
(b) The provisions of the Condominium Ownership Act, chapter
36 of this title, do not apply to condominiums created after July 1, 1982 and
do not invalidate any amendment to the declaration, bylaws, plats, and plans of
any condominium created before July 1, 1982 if the amendment would be permitted
by this chapter. The amendment must be adopted in conformity with the
procedures and requirements specified by those instruments and by chapter 36 of
this title. If the amendment grants to any person any rights, powers, or
privileges permitted by this chapter, all correlative obligations, liabilities,
and restrictions in this chapter also apply to that person.
(c) This chapter does not apply to condominiums or units
located outside this state, but the public offering statement provisions
(§§ 34-36.1-4.02 34-36.1-4.07) apply to all contracts for the
disposition thereof signed in this state by any party unless exempt under
History of Section.
(P.L. 1982, ch. 329, § 2; P.L. 1991, ch. 247, § 1; P.L. 1991, ch.
369, § 1; P.L. 1992, ch. 8, § 1; P.L. 1994, ch. 356, §