Sec. 47-73a. Boundaries, encroachments and easements.
Sec. 47-73a. Boundaries, encroachments and easements. (a) The existing physical boundaries, as defined in the condominium instruments, of any unit or common
element constructed or reconstructed in substantial conformity with the condominium
plans shall be conclusively presumed to be its boundaries, regardless of the shifting,
settlement, or lateral movement of any building and regardless of minor variations between the physical boundaries as described in the declaration or shown on the condominium plan and the existing physical boundaries of any such unit or common element.
This presumption applies only to encroachments within the condominium.
(b) If any portion of any common element encroaches on any unit or if any portion
of a unit encroaches on any common element, as a result of the duly authorized construction or repair of a building, a valid easement for the encroachment and for the maintenance of the same shall exist so long as the building stands. The purpose of this section
is to protect the unit owners, except in cases of wilful and intentional misconduct by
them or their agent or employees, and not to relieve the declarant or any contractor,
subcontractor, or materialman of any liability which any of them may have by reason
of any failure to adhere substantially to the survey maps and plans.
(c) If any part of a condominium is destroyed partially or totally as a result of fire
or other casualty or as a result of condemnation or eminent domain proceedings, and
then is reconstructed as authorized in this chapter, encroachment of any condominium
unit on any common element, due to such reconstruction, shall be permitted, and valid
easements for such encroachments and the maintenance of them shall exist so long as
the building stands.
(d) Subject to any restrictions and limitations the condominium instruments may
specify, the declarant and the association of unit owners shall have a transferable easement over and on the common elements for the purpose of making improvements on
the condominium parcel and any additional land pursuant to the provisions of those
instruments and of this chapter, and for the purpose of doing all things reasonably necessary and proper in connection therewith.
(e) The declarant and his duly authorized agents, representatives, and employees
may maintain sales offices and model units on the condominium parcel if and only if
the condominium instruments provide for the same and specify the rights of the declarant
with regard to the number, size, location and relocation thereof. Any such sales office
or model unit which is not designated a unit by the condominium instruments shall
become a common element as soon as the declarant ceases to be a unit owner, and the
declarant shall cease to have any rights with regard thereto unless such sales office or
model unit is removed forthwith from the condominium parcel in accordance with a
right reserved in the condominium instruments to make such removal.
(f) The conveyance or other disposition of a condominium unit shall include and
grant, and be subject to, any easement arising under the provisions of this section without
specific or particular reference to the easement.
(P.A. 76-308, S. 8, 36.)
See Sec. 47-90c re effective date and applicability of chapter.