Bulletin 1974 V5-3

(Continued From Last Issue)

Chapter 47A. Unit Ownership Act

§ 47A-10. Compliance with bylaws, regulations and covenants; damages; injunctions. - Each unit owner shall comply strictly with the bylaws and with the administrative rules and regulations adopted pursuant thereto, as either of the same 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 unit. Failure to comply with any of the some shall be grounds for an action to recover sums due, for damages or injunctive relief, or both, maintainable by the manager or board of directors on behalf of the association of unit owners or, in a proper case, by an aggrieved unit owner.

§ 47A-11. Unit owners not to jeopardize safety of property or impair easements. - No unit owner shall do any work which would jeopardize the soundness or safety of the property or impair any easement or hereditament without in every such case the unanimous consent of all the other unit owners affected being first obtained.

§ 47A-12. Unit owners to contribute to common expenses; distribution of common profits. - The unit owners are bound to contribute pro rata, in the percentages computed according to § 47A-6 of this chapter, toward the expenses of administration and of maintenance and repair of the general common areas and facilities and, in proper cases of the limited common areas and facilities, of the building and toward any other expense lawfully agreed upon. No unit owner may exempt himself from contributing toward such expense by waiver of the use or enjoyment of the common areas and facilities or by abandonment of the unit belonging to him.

Provided, however, that the common profits of the property, if any, shall be distributed among the unit owners according to the percentage of the undivided interest in the common areas and facilities.

§ 47A-13. Declaration creating unit ownership; contents; recordation. - The declaration creating and establishing unit ownership as provided in § 47A-3 of this chapter, shall be recorded in the office of the county register of deeds and shall contain the following particulars:

(1)    Description of the land on which the building and improvements are or are to be located.

(2)    Description of the building, stating the number of stories and basements, the number of units, and the principal materials of which it is constructed.

(3)    The unit designation of each unit, and a statement of its location, approximate area, number of rooms, and immediate common area to which it has access, and any other data necessary for its proper identification.

(4) Description of the general common areas and facilities and the proportionate interest of each unit owner therein.

(5) Description of the limited common areas and facilities, if any, stating what units shall share the same and in what proportion.

(6) Statement of the purpose for which the building and each of the units are intended and restricted as to use.

(7) The name of a person to receive service of process in the cases hereinafter provided, together with the residence or the place of business of such person which shall be within the city and county in which the building is located.

(8)    Any further details in connection with the property which the person executing the declaration may deem desirable to set forth consistent with this chapter.

(9) The method by which the declaration may be amended, consistent with the provisions of this chapter.

§ 47A-14. Deeds conveying units; recordation; contents. -- Deeds conveying a unit ownership shall be recorded in the office of the register of deeds in the county in which the land and building is located and shall contain the following particulars:

(1) Description of the land as provided in § 47A11 of this chapter, including the book and page numbers and the date of recording of the declaration.

(2) The unit designation as contained in the declaration and any other data necessary for its proper identification.

(3) A clear expression of the use for which the unit is intended and restrictions on its use.

(4) The percentage of undivided interest appertaining to the unit in the common areas and facilities.

(5) Any further details which the grantor and grantee may deem desirable to set forth consistent with the declaration and this chapter.

(To Be Continued In Next Issue)