66-27-322 - Submission of a unit to an additional declaration.
66-27-322. Submission of a unit to an additional declaration.
(a) A unit may be submitted to an additional declaration creating a new condominium if the submittal is permitted by the declaration creating the unit.
(b) The submission of a unit to an additional declaration shall not be deemed a subdivision of a unit under § 66-27-313.
(c) Upon the submittal of a unit to an additional declaration, the following shall apply:
(1) The appurtenant interest of the unit in the common elements shall be allocated to the units created under the additional declaration pursuant to the terms of the additional declaration;
(2) The association under the additional declaration shall pay all assessments due with respect to the unit submitted to an additional declaration and may exercise any of the rights that may be exercised by the owner of the unit;
(3) The lien for assessments in favor of the association created under the original declaration shall not attach to any unit created under an additional declaration if the owner of the unit has paid the unit's share of the assessment to either the association created under the original declaration or to the association created under the additional declaration;
(4) The units created under an additional declaration shall be subject to the terms and conditions of the original declaration, as it may be supplemented by the additional declaration; and
(5) Members of the board of directors of the association created under the original declaration may be elected in any of the following ways specified in the original declaration:
(A) All unit owners of units created under the original declaration shall elect all members of the board of directors and the vote of any unit subject to an additional declaration shall be cast by a representative of the association created under the additional declaration;
(B) The board of directors of any association created under an additional declaration may elect specified members of the board of directors under the original declaration;
(C) Specified members of the board of directors or specified officers of the association created by the additional declaration may be deemed elected as specified members of the board of directors under the original declaration; or
(D) Any other manner provided in the original declaration permitted under the laws applicable to nonprofit corporations.
(d) Any unit created by submitting a unit to an additional declaration may be further submitted to an additional declaration subject to this section if permitted pursuant to all declarations applicable to the unit.
[Acts 2008, ch. 766, § 1.]