§ 34-36.1-1.02 - Applicability.
SECTION 34-36.1-1.02
§ 34-36.1-1.02 Applicability. – (a) This chapter applies to all condominiums created within this state afterJuly 1, 1982, except that any condominium created within this state prior toJuly 1, 1982, may voluntarily accept the provisions of this chapter in lieu ofthe provisions under which it was originally organized. Acceptance shall beevidenced by an agreement in writing executed by and in behalf of thecondominium association and by all of the owners of all of the individualcondominium units within the condominium, in which agreement it is clearlystated that they all accept the provisions of this chapter in lieu of those inthe statute under which the condominium was organized and wish to be governedin the future by the provisions of this chapter. The agreement shall berecorded in the land evidence records of each and every town or city where allor any part of the land in the condominium concerned may be located and shallbecome effective when first so recorded. The acceptance shall only apply to thegovernance of the condominium concerned as to all matters which are prospectiveor executory in nature; and nothing herein shall be deemed to abrogate, amend,limit, effect, or impair the continued effectiveness, legality, or validity ofall actions lawfully taken by or in behalf of the condominium prior to theeffective date of the acceptance, including, but without limitation, thecondominium declaration and all amendments thereto, the by-laws of thecondominium and/or of its association, all deeds, mortgages, leases and anyfurther documents affecting the titles or rights of unit owners, or of thecondominium or the prior lawful acts or deeds of any kind, of the condominiumassociation, 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 buildingcodes), 34-36.1-1.07 (eminent domain), 34-36.1-2.03 (construction and validityof 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 (lienfor assessments), 34-36.1-3.18 (association records), 34-36.1-4.09 (resale ofunits), and 34-36.1-4.17 (effect of violation on rights of action; attorney'sfees), § 34-36.1-3.20 (enforcement of declaration, bylaws and rules), and34-36.1-1.03 (definitions), to the extent necessary in construing any of thosesections, apply to all condominiums created in this state before July 1, 1982;but those sections apply only with respect to events and circumstancesoccurring after July 1, 1982 and do not invalidate existing provisions of thedeclaration, bylaws, plats, or plans of those condominiums.
(3) A condominium created as an additional phase by amendmentof a condominium created prior to July 1, 1982, if the original declarationcontemplated the amendment, shall be deemed to be a condominium created priorto July 1, 1982; provided, however, the provisions of subdivision (a)(2) shallapply 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 June19, 1991, only with respect to events and circumstances occurring after June18, 1991, does not invalidate existing provisions of the declarations, bylaws,plats, or plans of those condominiums, and applies in all respects to allcondominiums created in this state after June 18, 1991.
(b) The provisions of the Condominium Ownership Act, chapter36 of this title, do not apply to condominiums created after July 1, 1982 anddo not invalidate any amendment to the declaration, bylaws, plats, and plans ofany condominium created before July 1, 1982 if the amendment would be permittedby this chapter. The amendment must be adopted in conformity with theprocedures and requirements specified by those instruments and by chapter 36 ofthis title. If the amendment grants to any person any rights, powers, orprivileges 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 unitslocated outside this state, but the public offering statement provisions(§§ 34-36.1-4.02 – 34-36.1-4.07) apply to all contracts for thedisposition thereof signed in this state by any party unless exempt under§ 34-36.1-4.01(b).