Condominium Laws & Zoning Changes Understanding the Changes October 18, 2012

Similar documents
NC General Statutes - Chapter 47C Article 4 1

Common Interest Ownership Act Key Points

Louisiana Condo Statutes

A. This chapter applies to all condominiums created within this state on or after January 1, 1986.

PUBLIC OFFERING STATEMENT The Landings at Sugar Creek Condominium Pursuant to N.C.Gen. Stat. 47C et seq.

Minnesota Condo Statutes

Chapter 47F. North Carolina Planned Community Act. 47F Short title. 47F Applicability.

The Symphony at Town Center Condo Assoc. Inc.

Digges Road Office Center Unit Owners Association Resale Package

Whalers Cove Condominium Documents a Primer

ILLINOIS CONDOMINIUM PROPERTY ACT Updated through August 26, 2011

CONDOMINIUM INFORMATION STATEMENT FOR THE HILLSIDE

Sections to shall be known and may be cited as the Nebraska Condominium Act.

NC General Statutes - Chapter 47F 1

Pennsylvania. Enactment. Chapter 32 was added July 2, 1980, P.L.286, No.82, effective in 120 days.

47F Definitions. In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, and in this Chapter:

UNDERSTANDING THE DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT

2012 Kentucky Legislative Session Review

NORTH CAROLINA PLANNED COMMUNITY ACT AND CONDOMINIUM ACT Martha Walston, staff attorney January 13, 2010 (revised)

ILLINOIS CONDOMINIUM PROPERTY ACT 765 ILCS 605/1 et. seq. Effective January 1, 2015 Last amended August 26, 2014

In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, and in this chapter:

THE CONDOMINIUM PROPERTY ACT

The Condominium Law Chapter 514B, Hawaii Revised Statutes, Condominium Property Regimes

ILLINOIS CONDOMINIUM PROPERTY ACT 2017

Act and Common Interest

[CHAPTER 514B] CONDOMINIUM PROPERTY ACT

ILLINOIS CONDOMINIUM PROPERTY ACT

Sec. 1. This article applies to property if: (1) the sole owner of the property; or (2) all of the owners of the property;

NC General Statutes - Chapter 47C 1

ILLINOIS CONDOMINIUM PROPERTY ACT

DISCLOSURE STATEMENT. of the THE TREES CONDOMINIUM HOMEOWNERS ASSOCIATION MADE PURSUANT TO THE OREGON CONDOMINIUM ACT

NC General Statutes - Chapter 47F 1

CHAPTER 514C, HAWAII REVISED STATUTES LEASE TO FEE CONVERSIONS FOR CONDOMINIUMS AND COOPERATIVE HOUSING CORPORATIONS

MARYLAND HOMEOWNERS ASSOCIATION ACT

THOMAS SCHILD LAW GROUP, LLC

WISCONSIN LEGISLATIVE COUNCIL INFORMATION MEMORANDUM

Table of Contents. I. Scope [ 1.1] II. Introduction [ 1.2] A. In General [ 1.3] B. Statutes [ 1.4]

WA Condominium Resale Disclosure Certificate

NC General Statutes - Chapter 47C Article 3 1

(5) "Common expenses" means expenditures made by, or financial liabilities of, the association, together with any allocations to reserves.

REAL AND PERSONAL PROPERTY (68 PA.C.S.) - PRIVATE TRANSFER FEE OBLIGATIONS Act of Jun. 24, 2011, P.L. 40, No. 8 Session of 2011 No.

Maine Condo Statutes

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

Condominiums They re Baaaaack! (Well, back to haunt us)

Oregon Condominium Laws Chapter 100 Condominiums 2013 EDITION

REAL ESTATE COOPERATIVE ACT 68 Pa. C.S (current through 1/29/05)

The Illinois Condominium Property Act E D I T I O N

MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CPN II

UNOFFICIAL FOR REFERENCE PURPOSES ONLY Official Code of Georgia Annotated (2017)

In those cases where it is indicated that an HOA Act section will not apply to a CBA, the reason is provided.

HOMEOWNER ASSOCIATION ASSESSMENT COLLECTION AND UPDATED NORTH CAROLINA PLANNED COMMUNITY ACT CHAPTER 47F

BYLAWS OF PRAIRIE PATHWAYS II CONDOMINIUM OWNER S ASSOCIATION, INC.

First Homes Properties CLT Ground Lease

ARTICLES OF INCORPORATION THE GREENHOUSE ASSOCIATION, INC.

SENATE BILL lr3298 CF HB 78 A BILL ENTITLED. Condominiums and Homeowners Associations Payments Under Protest

MRS Title 33, Chapter 31: MAINE CONDOMINIUM ACT. Table of Contents

The New Jersey Common Interest Property Act

Georgia Condo Laws. This article shall be known and may be cited as the "Georgia Condominium Act."

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE COMMUNITIES OF STILLHOUSE CREEK

BY-LAWS OF JACKSON SQUARE CONDOMINIUM ASSOCIATION, INC. ARTICLE I. PLAN OF UNIT OWNERSHIP

Tuscany Estates A planned residential community in Township of Union Washington County, Pennsylvania. Public Offering Statement

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LANDMARK VILLAGE CONDOMINIUMS

BYLAWS OF OCEANS EDGE CONDOMINIUM ASSOCIATION, INC. (A Corporation Not-for-Profit)

BYLAWS OF NORTHWEST VILLAGE OWNERS ASSOCIATION An Idaho Nonprofit Corporation

Bylaws of The Hillside Condominium Owners Association, Inc.

Nevada Condo Statutes. NRS Short title. This chapter may be cited as the Uniform Common-Interest Ownership Act.

LAND INSTALLMENT CONTRACT

(Chapter 277, Laws of 2018; SSB 6175)

CHAPTER Committee Substitute for Senate Bill No. 314

Referred to Committee on Judiciary. SUMMARY Enacts certain amendments to the Uniform Common-Interest Ownership Act. (BDR )

MASTER ASSOCIATION DISCLOSURE FOR STONEHAVEN MASTER ASSOCIATION, INC.

IC Chapter 17. Relocation Assistance

GLOSSARY OF CONDOMINIUM TERMS

REAL ESTATE PURCHASE AND SALE CONTRACT

COMMON INTEREST COMMUNITY ASSOCIATION ACT 765 ILCS 160/1-1 et. seq. Effective January 1, 2018 Last Amended August 24, 2017

Oregon Statutes Relevant to Quiet Water Home Owners Association

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS AND EASEMENTS FOR SERENITY EQUINE ESTATES

Sections to shall be known as the Condominium Property Act.

GLOSSARY OF COMMUNITY ASSOCIATION TERMS SIMPLE DESCRIPTION (not a substitute for definitions contained in the RCW or specific Declaration)

Referred to Committee on Judiciary. SUMMARY Makes various changes relating to real property. (BDR 10-23)

NEW JERSEY LAW REVISION COMMISSION. Final Report Relating to Uniform Common Interest Ownership Act. October 21, 2016

ASSEMBLY, No. 477 STATE OF NEW JERSEY. 216th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

LexisNexis Montana Code Annotated > Title 70 Property > Chapter 23 Unit Ownership Act Condominiums. Chapter 23 Unit Ownership Act Condominiums

DECLARATION OF BY-LAWS AND RESTRICTIVE COVENANTS BINDING SEVEN BAYS ESTATES UNLIMITED HOMEOWNERS AND HOMEOWNERS ASSOCIATION

Report of the Real Property Law Section

NORTH CAROLINA DEED OF TRUST

CONDOMINIUMS. If the condominium declaration has been amended, add: AS AMENDED FROM TIME TO TIME. INTEREST" language. Condominiums 7/2000 Rev 10/2001

KINGSTOWNE NORTH CONDOMINIUM

AGREEMENT OF PURCHASE AND SALE. This Agreement of Purchase and Sale ( Agreement ( Agreement ), dated as of,is made by and between:

Freddie Mac Condominium Unit Mortgages

DISTRICT OF COLUMBIA CONDOMINIUM ACT

Department of Legislative Services

Resale Certificate. Canyon Park Townhomes. # Question Response

VIRGINIA PROPERTY OWNERS ASSOCIATION ACT

STATE OF NEW JERSEY. ASSEMBLY, No th LEGISLATURE

DEED OF TRUST PUBLIC TRUSTEE

ARTICLES OF INCORPORATION TRAPPERS VIEW HOMEOWNERS ASSOCIATION, INC.

AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ETIWAN POINTE TOWNHOMES HOMEOWNERS ASSOCIATION, INC.

CONDOMINIUM DISCLOSURE STATEMENT FOR CROSSWATER CONDOMINIUMS

Wis. Stat This document is current through 2015 Wisconsin Acts 1-5, 7-14 and 20-43

Transcription:

Condominium Laws & Zoning Changes Understanding the Changes October 18, 2012 Speakers: Steph Horne Agency Title Inc. 6500 Glenridge Park Pl., Ste. 7 Louisville, KY 40222 (502) 339-1145 shorne@agencytitle.com Speakers: Nicholas R. Pregliasco 1000 N. Hurstbourne Pkwy., 2 nd Floor Louisville, KY 40223 (502) 426-0388 x139 nrp@bardlaw.net Speaker: Rocky Pusateri 16218 Shelbyville Road Louisville, KY 40245 (502) 245-6159 rocky@elitebuilthomes.com

Recent Condominium Law Changes The prior Horizontal Property Law was in effect from 1962 to 2011 New Kentucky Condominium Act is based on the Uniform Condominium Act Effective January 1, 2011 Amended by HB 433 effective April 11, 2012 Changes found at http://www.lrc.ky.gov/record/11rs/hb433.htm

Kentucky Condominium Act - Limited Application to Condominium Projects Created before January 1, 2011 Some sections of the Kentucky Condominium Act apply retroactively KRS 381.9103(2), including: KRS 381.9167 Powers of the Association, including provisions for Emergency Assessments. KRS 381.9169 Executive Board Members and Officers Declarant must turn over control of the Association to the Unit Owners no later than the earlier of: Sixty (60) days after conveyance of seventy-five percent (75%) of the units which may be created to unit owners other than a declarant; Two (2) years after all declarants have ceased to offer units for sale in the ordinary course of business; Two (2) years after any development right to add new units was last exercised; or Seven (7) years after the first unit was conveyed to a unit owner other than a declarant.

Existing regimes can opt-in KRS 381.9103(3) Resale Certificates (KRS 381.9201-9203)

Resale Certificates (KRS 381.9201-9203) Required by seller for most conveyances of a unit Association must provide to unit owner within 10 days of a request Includes information related to: the effect on the proposed disposition of any right of first refusal or other restraint on the free alienability of the unit; the amount of the monthly common expense assessment and any unpaid common expense or special assessment currently due and payable from the selling unit owner; any other fees payable by unit owners; any capital expenditures anticipated by the association for the current and, if known, next two (2) fiscal years; amount of any reserves for capital expenditures, if any, and of any portions of those reserves designated by the association for any specified projects; the current operating budget of the association and current financial report; any unsatisfied judgments against the association and the status of any pending suits greater than $10,000 in which the association is a defendant; any insurance coverage provided for the benefit of unit owners Cancellation of contract

Key Definitions KRS 381.9105 Unit now means a physical portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described in KRS 381.9133, including patios, balconies, and other spaces if designated in the declaration Development Rights and Special Declarant Rights

HB 433 makes Resale Certificate provisions retroactive HB 433 2012 Kentucky Condominium Act Amendment Purpose: To address issues with the 2011 Kentucky Condominium Act Most significant provisions: Adoption of Kentucky Condominium Act KRS 381.9103(3) Regime existing before January 1, 2011 can adopt the Kentucky Condominium Act with less than 100% vote of owners if declaration provides lesser percentage to terminate regime Definition of Condominium KRS 381.9105 Allows greater flexibility for creation of a condominium by removing the language single units in a single unit or a multiple unit structure or structures and replacing with real estate

Resale Certificates - KRS 381.9203 Set limitation on the fee charged for the Certificate to be the lesser of $225 or 80% of the current monthly assessment fee. KRS 381.9167 Set limitation of $50 for Resale Certificate updates Added more specificity to the Certificate provisions Failure to provide required Certificate does not void deed to purchaser

Termination of Condominium Regime under Horizontal Property Law KRS 381.850 Waiver of regime - Effect of encumbrances. All of the co-owners or the sole owner of a building constituted into a horizontal property regime may waive this regime and request the county clerk to regroup or merge the records of the filial estates with the principal property, provided, that the filial estates are unencumbered, or if encumbered, that the creditors in whose behalf the encumbrances are recorded agree to accept as security the undivided portions of the property owned by the debtors.

Termination of Condominium Regime under New Condominium Act KRS 381.9157 - Termination of condominium. Except in the case of a taking of all the units by eminent domain, a condominium may be terminated only by agreement of unit owners of units to which at least eighty percent (80%) of the votes in the association are allocated, or any larger percentage the declaration specifies. The declaration may specify a smaller percentage only if all of the units in the condominium are restricted exclusively to nonresidential uses.

KRS 381.9103 - Application and construction of KRS 381.9101 to 381.9207 Unit owners of units to which one hundred percent (100%) of the votes in the association are allocated, or such lesser percentage as stated in the declaration as necessary to terminate the condominium, may elect that KRS 381.9101 to 381.9207 shall apply to a condominium created before the January 1, 2011. In such event the declaration, bylaws, plats, or plans of the condominium shall be modified or amended to the extent necessary to be consistent with KRS 381.9101 to 381.9207

Stites & Harbison, PLLC

Questions? Speakers: Steph Horne Agency Title Inc. 6500 Glenridge Park Pl., Ste. 7 Louisville, KY 40222 (502) 339-1145 shorne@agencytitle.com Speakers: Nicholas R. Pregliasco 1000 N. Hurstbourne Pkwy., 2 nd Floor Louisville, KY 40223 (502) 426-0388 x139 nrp@bardlaw.net Speaker: Rocky Pusateri 16218 Shelbyville Road Louisville, KY 40245 (502) 245-6159 rocky@elitebuilthomes.com