448.2-120. Master associations.
Master associations.
448.2-120. 1. If the declaration for a condominium providesthat any of the powers described in section 448.3-102 are to beexercised by or may be delegated to a profit or not for profitcorporation or unincorporated association which exercises thoseor other powers on behalf of one or more condominiums or for thebenefit of the unit owners of one or more condominiums, allprovisions of sections 448.1-101 to 448.4-120 applicable to unitowners' associations apply to any such corporation orunincorporated association, except as modified by this section.
2. Unless a master association is acting in the capacity ofan association described in section 448.3-101, it may exercisethe powers set forth in subdivision (2) of subsection 1 ofsection 448.3-102 only to the extent expressly permitted in thedeclarations of condominiums which are part of the masterassociation or expressly described in the delegations of powerfrom such condominiums to the master association.
3. If the declaration of any condominium provides that theexecutive board may delegate certain powers to a masterassociation, the members of the executive board have no liabilityfor the acts or omissions of the master association with respectto those powers following delegation.
4. The rights and responsibilities of unit owners withrespect to the unit owners' association set forth in sections448.3-103, 448.3-108, 448.3-109, 448.3-110, and 448.3-112 applyin the conduct of the affairs of a master association only tothose persons who elect the board of a master association,whether or not such persons are otherwise unit owners within themeaning of sections 448.1-101 to 448.4-120.
5. Notwithstanding the provisions of section 448.3-103 withrespect to the election of the executive board of an association,and even if a master association is also an association describedin section 448.3-101, the certificate of incorporation or otherinstrument creating the master association and the declaration ofeach condominium, the powers of which are assigned by thedeclaration or delegated to the master association, may providethat the executive board of the master association shall beelected in any of the following ways:
(1) All unit owners of all condominiums subject to themaster association may elect all members of that executive board;
(2) All members of the executive boards of all condominiumssubject to the master association may elect all members of thatexecutive board;
(3) All unit owners of each condominium subject to themaster association may elect specified members of that executiveboard; or
(4) All members of the executive board of each condominiumsubject to the master association may elect specified members ofthat executive board.
(L. 1983 H.B. 177)