§ 34-36.1-2.20 - Master associations.
SECTION 34-36.1-2.20
§ 34-36.1-2.20 Master associations. –(a) If the declaration for a condominium provides that any of the powersdescribed in § 34-36.1-3.02 are to be exercised by or may be delegated toa profit or nonprofit corporation or unincorporated association which exercisesthose or other powers on behalf of one or more condominiums or for the benefitof the unit owners of one or more condominiums, all provisions of this chapterapplicable to unit owners' associations apply to the corporation orunincorporated association, except as modified by this section.
(b) Unless a master association is acting in the capacity ofan association described in § 34-36.1-3.01, it may exercise the powers setforth in § 34-36.1-3.02(a)(2) only to the extent expressly permitted inthe declarations of condominiums which are part of the master association orexpressly described in the delegations of power from those condominiums to themaster association.
(c) If the declaration of any condominium provides that theexecutive board may delegate certain powers to a master association, themembers of the executive board have no liability for the acts or omissions ofthe master association with respect to those powers following delegation.
(d) The rights and responsibilities of unit owners withrespect to the unit owners' association set forth in §§ 34-36.1-3.03,34-36.1-3.08 – 34-36.1-3.10, and 34-36.1-3.12 apply in the conduct of theaffairs of a master association only to those persons who elect the board of amaster association, whether or not those persons are otherwise unit ownerswithin the meaning of this chapter.
(e) Notwithstanding the provisions of § 34-36.1-3.03(f)with respect to the election of the executive board of an association, by allunit owners after the period of declarant control ends, and even if a masterassociation is also an association described in § 34-36.1-3.01, thecertificate of incorporation or other instrument creating the masterassociation and the declaration of each condominium the powers of which areassigned by the declaration or delegated to the master association, may providethat the executive board of the master association must be elected after theperiod of declarant control in any of the following ways:
(1) All unit owners of all condominiums subject to the masterassociation 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 that executive board.
(3) All unit owners of each condominium subject to the masterassociation may elect specified members of that executive board.
(4) All members of the executive board of each condominiumsubject to the master association may elect specified members of that executiveboard.