TITLE 34

Property

CHAPTER 34-36.1

Condominium Law

ARTICLE 34-36.1-1.01

General Provisions

SECTION 34-36.1-1.02



   § 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

§ 34-36.1-4.01(b).



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, §

1.)