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Missouri Revised Statutes Chapter 448 Condominium Property Title of law 448 005 Sections 448 005 to 448 210 shall be known and may be cited as the Condominium
intended for the mutual use benefit or enjoyment of the unit owners submitted to the provisions of. sections 448 005 to 448 210, 9 Record to record in the office of the recorder of deeds of the county wherein the property is. 10 Unit a part of the property including one or more rooms occupying one or more floors or a. part or parts thereof designed and intended for any type of independent use and having lawful access. to a public way, 11 Unit owner the person or persons whose estates or interests individually or collectively. aggregate fee simple absolute ownership of a unit,L 1963 p 648 2 A L 1969 H B 767 A L 1983 H B 177. Property submitted to condominium law by declaration. 448 020 Whenever the owners in fee simple of a parcel intend to submit such property to the. provisions of sections 448 005 to448 210 they shall do so by recording a declaration duly executed and. acknowledged expressly stating such intent and setting forth the particulars enumerated in. section 448 030,L 1963 p 648 3 A L 1983 H B 177,Declaration contents amendments. 448 030 1 The declaration shall set forth the following particulars. 1 The legal description of the parcel or parcels, 2 The legal description of each unit which may consist of the identifying number or symbol of the. unit as shown on the plat, 3 The percentage of ownership interest in the common elements allocated to each unit The. percentages shall be computed by taking as a basis the value of each unit in relation to the value of the. property as a whole and having once been determined and set forth as herein provided such. percentages shall remain constant unless thereafter changed by agreement of all unit owners except. that if there is a change in the number of units or in the size or dimensions of any units the developer. shall determine the changes required in the percentages of ownership by virtue of the changes in the. number of units or in the size or dimensions of any units and shall file of record in the office of the. recorder of deeds in which the declaration was filed an instrument setting forth the changes in. percentages of ownership, 4 Such other lawful provisions not inconsistent with the provisions of. sections 448 005 to 448 210 as the owners or developers may deem desirable in order to promote and. preserve the cooperative aspect of ownership of the property and to facilitate the proper administration. 2 The developer with the consent of all unit owners may file an amendment or amendments to. the declaration to include an additional parcel or parcels or to delete any parcel or portion thereof and. to change the number of units and to amend the percentage of ownership interests in the common. elements allocated to each unit but no amendment shall be made to include a parcel or parcels which. are not contiguous to the parcel or parcels described in either the original declaration or amendments. thereto Parcels shall be considered to be contiguous although separated by roads or easements. L 1963 p 648 4 A L 1969 H B 767 A L 1983 H B 177, Declaration and plat to be recorded plat contents amendment may berecorded when. 448 040 Simultaneously with the recording of the declaration there shall be recorded a plat as. defined in section 448 010 which plat shall be made by a registered Missouri land surveyor and shall set. forth all angular and linear data along the exterior boundaries of the parcel the linear measurements. and location with reference to the exterior boundaries of the building or buildings located or to be. located on the parcel and the elevations or proposed elevations at above or below official datum of. the finished or unfinished interior surfaces of the floors and ceilings and the linear measurements of the. actual or proposed finished or unfinished interior surfaces of the perimeter walls and lateral extensions. thereof of every unit or proposed unit in the building or buildings and the locations or proposed. locations of such wall surfaces with respect to the exterior boundaries of the parcel projected vertically. upward Every such unit shall be identified on the plat by a distinguishing number or other symbol If the. plat is recorded as a separate document a statement shall appear thereon identifying it with the. declaration provided for in section448 030 which statement shall be signed and acknowledged by the. same persons executing the declaration An amendment or amendments to a plat may be recorded by. the developer to include an additional parcel or parcels and additional units or to delete any parcel or. parcels and reduce the number of units or to reflect accurately any changes in the locations elevations. measurements or dimensions of any prior recorded plat provided all the unit owners have consented. L 1963 p 648 5 A L 1969 H B 767, Units can be conveyed common elements owned how units not to beseparated or subdivided. 448 050 1 Upon compliance with sections 448 020 448 030 and 448 040 and upon recording of. the declaration and plat the property shall become subject to the provisions of. sections 448 005 to 448 210 and all units shall thereupon be capable of ownership in fee simple or any. lesser estate and may thereafter be conveyed leased mortgaged or otherwise dealt with in the same. manner as other real property but subject however to the limitations imposed by. sections 448 005 to 448 210, 2 Each unit owner shall be entitled to the percentage of ownership in the common elements. appertaining to such unit as computed and set forth in the declaration pursuant to subdivision 3 of. section 448 030 and ownership of such unit and of the owner s corresponding percentage of ownership. in the common elements shall not be separated nor shall any unit by deed plat court decree or. otherwise be subdivided or in any other manner separated into tracts or parcels smaller than the whole. unit as shown on the plat,L 1963 p 648 6 A L 1983 H B 177. Instrument affecting unit affects ownership of common elements. 448 060 Every deed lease mortgage or other instrument may legally describe a unit by its. identifying number or symbol as shown on the plat and as set forth in the declaration and every such. description shall be deemed good and sufficient for all purposes and shall be deemed to convey. transfer encumber or otherwise affect the owner s corresponding percentage of ownership in the. common elements even though the same is not expressly mentioned or described therein. L 1963 p 648 7,Common elements to remain undivided exceptions. 448 070 As long as the property is subject to the provisions of sections 448 005 to 448 210 the. common elements shall except as provided in section 448 140 remain undivided and no unit owner. shall bring any action for partition or division of the common elements Any covenant or agreement to. the contrary shall be null and void Nothing contained herein however shall prevent partition of a unit. as between co owners thereof if such right of partition shall otherwise be available but such partition. shall not be in kind,L 1963 p 648 8 A L 1983 H B 177. Common element costs to be paid by unit owners unpaid amount toconstitute lien foreclosure. 448 080 1 Every unit owner shall pay his proportionate share of the expenses of administration. maintenance and repair of the common elements and of any other expense lawfully agreed upon Such. proportionate share shall be in the same ratio as his percentage of ownership in the common elements. as set forth in the declaration Payment thereof shall be in the amounts and at the times as determined. by the unit owners or the board of managers as hereinafter provided. 2 If any unit owner fails or refuses to make any payment of the common expenses when due the. amount thereof shall constitute a lien on the interest of such unit owner in the property and upon the. recording of notice thereof by the manager or board of managers shall be a lien upon such unit owner s. interest in the property prior to all other liens and encumbrances recorded or unrecorded except only. taxes special assessments and special taxes theretofore or thereafter levied by any political subdivision. or municipal corporation of this state and other state or federal taxes which by law are a lien on the. interest of such unit owner prior to preexisting recorded encumbrances thereon and encumbrances on. the interest of such unit owner recorded prior to the date such notice is recorded which by law would. be a lien thereon prior to subsequently recorded encumbrances but only if such prior recorded. encumbrance contains a statement of a mailing address in the state of Missouri where notice may be. mailed to the encumbrancer thereunder Any encumbrancer whose lien is junior to the lien of the. common expenses herein provided may from time to time request in writing a written statement from. the manager or board of managers setting forth the unpaid common expenses with respect to the unit. covered by his encumbrance and unless the request is complied with within twenty days all unpaid. common expenses which became due prior to the date of the making of such request shall be. subordinate to the lien of such encumbrance Any encumbrancer holding a lien on a unit may pay any. unpaid common expenses payable with respect to such unit and upon such payment such. encumbrancer shall have a lien on such unit for the amounts paid at the same rank as the lien of his. encumbrance, 3 The lien to secure payment of common expenses shall be in favor of the members of the board. of managers and their successors in office and shall be for the benefit of all other unit owners and may. be foreclosed by an action brought in the name of the board of managers in like manner as a mortgage. of real property as provided in sections 443 190 to 443 310 Unless otherwise provided in the. declaration the members of the board of managers and their successors in office acting on behalf of. the other unit owners shall have the power to bid in the interest so foreclosed at foreclosure sale and. to acquire and hold lease mortgage and convey the same. 4 In the event any person acquires or is entitled to the issuance of a sheriff s or other official deed. in foreclosure of the lien for common expenses above provided the deed conveying the interest of any. unit owner and the interest so acquired shall be subject to all of the provisions of. sections 448 005 to 448 210 and to the terms provisions covenants conditions and limitations. contained in the declaration the plat the bylaws or any deed affecting such interest then in force. L 1963 p 648 9 A L 1983 H B 177,Liens against what consent how given. 448 090 1 In the event any lien exists against two or more units and the indebtedness secured by. such lien is due and payable the unit owner of any unit so affected may remove the unit and the. undivided interest in the common elements appertaining thereto from the lien by payment of the. proportional amount of the indebtedness which is attributable to such unit In the event the lien exists. against the property the amount of such proportional payment shall be computed on the basis of the. percentages set forth in the declaration Upon payment as herein provided the lienor shall execute and. deliver to the unit owner a release of such unit and the undivided interest in the common elements. appertaining thereto from the lien Any such proportional payment and release shall not prevent the. lienor from proceeding to enforce his rights against any unit or interest with respect to which the lien. has not been so paid or released, 2 No labor performed or materials furnished with the consent of or at the request of a unit owner. or his agent or his contractor or subcontractor shall be the basis for the filing of a lien against the. interest of any other unit owner or against any part thereof unless such other owner has expressly. consented to or requested the same Express consent shall be deemed to have been given by the owner. of any unit in the case of emergency repairs thereto Labor performed or materials furnished for the. common elements if duly authorized by the board of managers shall be deemed to be performed with. the express consent of each unit owner and shall be the basis for the filing of a lien against the property. and shall be subject to the provisions of subsection 1. L 1963 p 648 9A,Taxes assessed and levied against units. 448 100 Real property taxes special assessments and any other special taxes or charges of the. state of Missouri or of any political subdivision thereof or other lawful taxing or assessing body which. are authorized by law to be assessed against and levied upon real property shall be assessed against and. levied upon each unit and the owner s corresponding percentage of ownership in the common elements. as a tract and not upon the property as a whole,L 1963 p 648 10. Interest acquired by tax deed subject to what, 448 110 In the event any person acquires or is entitled to the issuance of a tax deed conveying the. interest of any unit owner the interest so acquired shall be subject to all the provisions of. sections 448 005 to 448 210 and to the terms provisions covenants conditions and limitations. contained in the declaration the plat the bylaws or any deed affecting such interest then in force. L 1963 p 648 11 A L 1983 H B 177, Insurance how obtained named insured who adjusts loss payableclause form of premiums how. 448 120 The manager or the board of managers shall obtain insurance for the property against. loss or damage by fire and such other hazards as are covered under standard extended coverage. provisions for the full insurable replacement cost of the common elements and the units The insurance. coverage shall be written in the name of and the proceeds thereof shall be payable to the manager or. the board of managers as trustee for each of the unit owners in the percentages established in the. declaration or amended declaration if any The policy of insurance may contain a loss payable clause. containing the words To the holder or holders of mortgages or deeds of trust of record if any as their. interests may appear without specifically naming the holder or holders in the clause in which event the. proceeds shall thereupon be payable jointly to the manager or the board of managers and the holder or. holders of mortgages or deeds of trust of record as trustees for each of the unit owners in the. percentages established in the declaration or any amended declaration The trustees shall have full. power to adjust all insurance losses by suit or otherwise and payment accepted by the trustees. hereunder shall constitute a discharge to the insurer Premiums for the insurance shall be common. L 1963 p 648 12 A L 1969 H B 767, Insurance proceeds used for reconstruction reconstruction defined. 448 130 In case of fire or any other disaster the insurance proceeds if sufficient to reconstruct the. building shall be applied to such reconstruction Reconstruction of the building as used in this and. section 448 140 means restoring the building to substantially the same condition in which it existed. prior to the fire or other disaster with each unit and the common elements having the same vertical and. horizontal boundaries as before,L 1963 p 648 13, Insurance proceeds insufficient to reconstruct effect. 448 140 In case of fire or other disaster if the insurance proceeds are insufficient to reconstruct. the building and the unit owners and all other parties in interest do not voluntarily make provision for. reconstruction of the building within one hundred and eighty days from the date of damage or. destruction the board of managers may record a notice setting forth such facts and upon the recording. of such notice, 1 The property shall be deemed to be owned in common by the unit owners. 2 The undivided interest in the property owned in common which shall appertain to each unit. owner shall be the percentage of undivided interest previously owned by such owner in the common. 3 Any liens affecting any of the units shall be deemed to be transferred in accordance with the. existing priorities to the undivided interest of the unit owner in the property as provided herein and. 4 The property shall be subject to an action for partition at the suit of any unit owner in which. event the net proceeds of sale together with the net proceeds of the insurance on the property if any. shall be considered as one fund and shall be divided among all the unit owners in a percentage equal to. the percentage of undivided interest owned by each owner in the property after first paying out of the. respective shares of the unit owners to the extent sufficient for the purpose all liens on the undivided. interest in the property owned by each unit owner,L 1963 p 648 14. Sale of property authorized how dissenting owner entitled tointerest value of interest defined. 448 150 Unless a greater percentage is provided for in the declaration or bylaws and. notwithstanding the provisions of sections 448 130 and 448 140 a majority of the unit owners where. the property contains two units or not less than sixty six and two thirds percent where the property. contains three units and not less than seventy five percent where the property contains four or more. units may by affirmative vote at a meeting of unit owners duly called for such purpose elect to sell the. property Such action shall be binding upon all unit owners and it shall thereupon become the duty of. every unit owner to execute and deliver such instruments and to perform all acts as in manner and form. may be necessary to effect the sale Any unit owner who did not vote in favor of such action and who. has filed written objection thereto with the manager or board of managers within twenty days after the. date of the meeting at which such sale was approved shall be entitled to receive from the proceeds of. such sale an amount equivalent to the value of his interest less the amount of any unpaid assessments. or charges due and owing from such unit owner The value of such interest for the purposes of. sections 448 005 to 448 210 shall be that percentage of the total value of the property determined by. fair appraisal which represents the ownership percentage of the common elements allocated to the unit. owned by such objecting owner,L 1963 p 648 15 A L 1983 H B 177. Property removed from condominium law how effects, 448 160 All of the unit owners may remove the property from the provisions of. sections 448 005 to 448 210 by an instrument to that effect duly recorded if the holders of all liens. affecting any of the units consent thereto or agree in either case by instruments duly recorded that. their liens be transferred to the undivided interest of the unit owner Upon such removal the property. shall be deemed to be owned in common by all the owners The undivided interest in the property. owned in common which shall appertain to each owner shall be the percentage of undivided interest. previously owned by such owner in the common elements. L 1963 p 648 16 A L 1983 H B 177,Bylaws amendments. 448 170 The administration of every property shall be governed by bylaws which may either be. embodied in the declaration or in a separate instrument a true copy of which shall be appended to and. recorded with the declaration No modification or amendment of the declaration or bylaws shall be valid. unless the same is set forth in an amendment thereof and such amendment is duly recorded. L 1963 p 648 17,Bylaws contents, 448 180 The bylaws shall provide for at least the following. 1 The election from among the unit owners of a board of managers the number of persons. constituting such board and that the terms of at least one third of the members of the board shall. expire annually the powers and duties of the board the compensation if any of the members of the. board the method of removal from office of members of the board and whether or not the board may. engage the services of a manager or managing agent. 2 Method of calling meetings of the unit owners what percentage of the unit owners if other. than a majority shall constitute a quorum, 3 Election of a president from among the board of managers who shall preside over the meetings. of the board of managers and of the unit owners, 4 Election of a secretary who shall keep the minutes of all meetings of the board of managers. and of the unit owners and who shall in general perform all the duties incident to the office of. 5 Election of a treasurer who shall keep the financial records and books of account. 6 Maintenance repair and replacement of the common elements and payments therefor. including the method of approving payment vouchers. 7 Method of estimating the amount of the annual budget and the manner of assessing and. collecting from the unit owners their respective shares of such estimated expenses and of any other. expenses lawfully agreed upon, 8 That upon ten days notice to the manager or board of managers and payment of a reasonable. fee any unit owner shall be furnished a statement of his account setting forth the amount of any unpaid. assessments or other charges due and owing from such owner. 9 Designation and removal of personnel necessary for the maintenance repair and replacement. of the common elements, 10 Such restrictions on and requirements respecting the use and maintenance of the units and. the use of the common elements not set forth in the declaration as are designed to prevent. unreasonable interference with the use of their respective units and of the common elements by the. several unit owners, 11 Method of adopting and of amending administrative rules and regulations governing the. operation and use of the common elements, 12 The percentage of votes required to modify or amend the bylaws but each one of the. particulars set forth in this section shall always be embodied in the bylaws. L 1963 p 648 18, Managers may act for owners actions service of process managersproper parties when duties. 448 190 1 Whenever in sections 448 005 to 448 210 or in any declaration or bylaw executed in. accordance with sections448 005 to 448 210 the board of managers or the members thereof are. authorized or directed to acquire hold lease mortgage or convey any part of or interest in the. property or to acquire any lien thereon or to acquire or receive the proceeds of any policy of insurance. or other moneys goods or chattels with respect to the property such actions shall be carried out in the. names of the members of the board of managers and their successors in office from time to time as. trustees on behalf of some or all of the unit owners as the case may be Without limiting the rights of. any unit owner actions may be brought in the names of the members of the board of managers on. behalf of two or more of the unit owners as their respective interests may appear with respect to any. cause of action relating to the common elements or more than one unit Service of process on two or. more unit owners in any action relating to the common elements or more than one unit may be made. on any member of the board of managers in the manner provided by the statute. 2 Without limiting the rights of any unit owner the board of managers shall be considered a. proper party both to sue and be sued in any cause of action relating to the condominium The board of. managers shall annually record with the recorder of deeds of each county in which any portion of the. condominium is located a statement containing the name and address of each member of the board of. managers All information contained in such statement shall be available to the general public. L 1963 p 648 18A A L 1983 H B 177, Condemnation proceedings board of managers to represent all unitowners. 448 195 Whenever the state a political subdivision or any other corporation agency or authority. having the power of eminent domain shall seek to acquire any of the common elements of. condominium property such authority may conduct negotiations with the board of managers as. representatives of all unit owners and the said board of managers may execute and deliver the. appropriate conveyance on behalf of all owners in return for the agreed consideration Said board of. managers shall allocate such consideration whether received through negotiation or condemnation to. the common elements or to unit owners in proportion to their respective interests In the event. negotiations shall fail the condemning authority may join the board of managers as party defendants in. lieu of naming all unit owners having an interest in the common elements and such proceedings shall. bind all unit owners however any unit owner having an interest in the common elements may be made. a party defendant in such proceedings,L 1969 H B 372. Managers to keep records open to owners, 448 200 The manager or board of managers as the case may be shall keep detailed accurate. records in chronological order of the receipts and expenditures affecting the common elements. specifying and itemizing the maintenance and repair expenses of the common elements and any other. expenses incurred Such records and the vouchers authorizing the payments shall be available for. examination by the unit owners at convenient hours of week days. L 1963 p 648 19, Rule against perpetuities restraints on alienation. 448 210 It is expressly provided that the rule of property known as the rule against perpetuities. and the rule of property known as the rule restricting unreasonable restraints on alienation shall not be. applied to defeat any of the provisions of sections 448 005to 448 210. L 1963 p 648 20 A L 1983 H B 177,Short title, 448 1 101 Sections 448 1 101 to 448 4 120 shall be known and may be cited as the Uniform. Condominium Act,L 1983 H B 177,Applicability, 448 1 102 1 Sections 448 1 101 to 448 4 120 apply to all condominiums created within this state. after September 28 1983 Sections 448 1 103 448 1 105 448 1 106 448 1 107 448 2 103 448 2 104. and subdivisions 1 through 6 and 11 through 16 of subsection 1 of section 448 3 102 and. sections 448 3 111 448 3 115 448 3 116 448 4 105 and 448 4 113 to the extent necessary in. construing any of those sections apply to all condominiums created in this state before September 28. 1983 but those sections apply only with respect to events and circumstances occurring after September. 28 1983 and do not invalidate existing provisions of the declaration bylaws or plats of those. condominiums, 2 The provisions of sections 448 005 to 448 210 do not apply to condominiums created after. September 28 1983 and do not invalidate any amendment to the declaration bylaws and plats of any. condominium created before September 28 1983 if the amendment would be permitted by. sections 448 1 101 to 448 4 120 The amendment shall be adopted in conformity with the procedures. and requirements specified by those instruments and by sections 448 005 to 448 210 If the amendment. grants to any person any rights powers or privileges permitted by sections 448 1 101 to 448 4 120 all. correlative obligations liabilities and restrictions in sections 448 1 101 to 448 4 120 also apply to that. 3 Sections 448 1 101 to 448 4 120 do not apply to condominiums or units located outside this. state but the original sale certificate provisions of sections 448 1 101 to 448 4 120 apply to all contracts. for the dispositions thereof signed in this state by any party. L 1983 H B 177,Definitions, 448 1 103 In the declaration and bylaws of each condominium unless specifically provided. otherwise or the context requires otherwise and in sections 448 1 101 to 448 4 120. 1 Affiliate of a declarant means any person who controls is controlled by or is under common. control with a declarant A person controls a declarant if the person a is a general partner officer. director or employer of the declarant b directly or indirectly or acting in concert with one or more. other persons or through one or more subsidiaries owns controls holds with power to vote or holds. proxies representing more than twenty percent of the voting interests in the declarant c controls in. any manner the election of a majority of the directors of the declarant or d has contributed more than. twenty percent of the capital of the declarant A person is controlled by a declarant if the declarant a. is a general partner officer director or employer of the person b directly or indirectly or acting in. concert with one or more other persons or through one or more subsidiaries owns controls holds with. power to vote or holds proxies representing more than twenty percent of the voting interests in the. person c controls in any manner the election of a majority of the directors of the person or d has. contributed more than twenty percent of the capital of the person Control does not exist if the powers. described in this subdivision are held solely as security for an obligation and are not exercised. 2 Allocated interests means the undivided interest in the common elements the common. expense liability and votes in the association allocated to each unit. 3 Association or unit owners association means the unit owners association organized under. section 448 3 101, 4 Common elements means all portions of a condominium other than the units. 5 Common expenses means expenditures made by or financial liabilities of the association. together with any allocations to reserves, 6 Common expense liability means the liability for common expenses allocated to each unit. pursuant to section 448 2 108, 7 Condominium means real estate portions of which are designated for separate ownership. and the remainder of which is designated for common ownership solely by the owners of those. portions Real estate is not a condominium unless the undivided interests in the common elements are. vested in the unit owners, 8 Conversion building means a building that at any time before creation of the condominium. was occupied wholly or partially by persons other than purchasers and persons who occupy with the. consent of purchasers, 9 Declarant means any person or group of persons acting in concert who a as part of a. common promotional plan offers to dispose of his or its interest in a unit not previously disposed of or. b reserves or succeeds to any special declarant right. 10 Declaration means any instruments however denominated which create a condominium. and any amendments to those instruments, 11 Development rights means any right or combination of rights reserved by a declarant in the. declaration to add real estate to a condominium to create units common elements or limited common. elements within a condominium to subdivide units or convert units into common elements or to. withdraw real estate from a condominium, 12 Disabled means any person who meets the requirements of subdivision 19 of this section. relating to a low or moderate income tenant and is totally and permanently disabled or blind and. receiving federal social security disability benefits federal supplemental security income benefits. veterans administration benefits a state blind pension pursuant to sections 209 010 to209 160 state. aid to blind persons pursuant to section 209 240 or state supplemental payments pursuant to. section 208 030, 13 Dispose or disposition means a voluntary transfer to a purchaser of any legal or equitable. interest in a unit but does not include the transfer or release of a security interest. 14 Executive board means the body regardless of name designated in the declaration to act on. behalf of the association, 15 Identifying number means a symbol or address which identifies only one unit in a. condominium, 16 Leasehold condominium means a condominium in which all or a portion of the real estate is. subject to a lease the expiration or termination of which will terminate the condominium or reduce its. 17 Limited common element means a portion of the common elements allocated by the. declaration or by operation of subdivision 2 or 4 of section 448 2 102 for the exclusive use of one or. more but fewer than all of the units, 18 Low or moderate income elderly tenant means any person who has reached the age of sixty. eight or over and whose annual net income is less than eighty percent of the median income of the area. as set forth in regulations promulgated from time to time by the federal department of Housing and. Urban Development pursuant to section eight of the housing act of 1937 as amended and who occupies. a conversion building, 19 Low or moderate income tenant means any person whose annual net income is less than. eighty percent of the median income for the area as set forth in regulations promulgated from time to. time by the federal department of Housing and Urban Development pursuant to section eight of the. housing act of 1937 as amended and who occupies a conversion building. 20 Master association means an organization described in section 448 2 120 whether or not it. is also an association described in section 448 3 101. 21 Person means a natural person corporation business trust estate trust partnership. association joint venture government governmental subdivision or agency or other legal or. commercial entity provided however that in the case of a land trust person means the beneficiary. of the trust rather than the trust or the trustee, 22 Plan means a drawing prepared by a registered architect or engineer which contains the. information required by the provisions of subsection 4 of section 448 2 109. 23 Plat means a drawing prepared by a registered land surveyor which contains the information. required by the provisions of subsection 2 of section 448 2 109. 24 Purchaser means any person other than a declarant or a person in the business of selling. real estate for his own account who by means of a voluntary transfer acquires a legal or equitable. interest in a unit other than a a leasehold interest including renewal options of less than twenty. years or b as security for an obligation, 25 Real estate means any leasehold or other estate or interest in over or under land including. structures fixtures and other improvements and interests which by custom usage or law pass with a. conveyance of land though not described in the contract of sale or instrument of conveyance Real. estate includes parcels with or without upper or lower boundaries and spaces which may be filled with. air or water, 26 Residential purposes means use for dwelling or recreational purposes or both. 27 Special declarant rights means rights reserved for the benefit of a declarant to complete. improvements indicated on plats and plans filed with the declaration to exercise any development. right to maintain sales offices management offices signs advertising the condominium and models to. use easements through the common elements for the purpose of making improvements within the. condominium or within real estate which may be added to the condominium to make the condominium. part of a larger condominium or a planned community to make the condominium subject to a master. association or to appoint or remove any officer of the association or any master association or any. executive board member during any period of declarant control. 28 Time share means a right to occupy a unit or any of several units during five or more. separated time periods over a period of at least five years including renewal options whether or not. coupled with an estate or interest in a condominium or a specified portion thereof. 29 Unit means a physical portion of the condominium designated for separate ownership or. occupancy the boundaries of which are described pursuant to subdivision 5 of subsection 1 of. section 448 2 105, 30 Unit owner means a declarant or other person who owns a unit or a lessee of a unit in a. leasehold condominium whose lease expires simultaneously with any lease the expiration or. termination of which will remove the unit from the condominium but does not include a person having. an interest in a unit solely as security for an obligation. L 1983 H B 177,Variation by agreement, 448 1 104 Except as expressly provided in sections 448 1 101 to 448 4 120 no provision of. sections 448 1 101 to 448 4 120may be varied by agreement and no rights conferred by sections 448 1. 101 to 448 4 120 may be waived No declarant may act under a power of attorney nor use any other. device to evade the limitations or prohibitions of sections 448 1 101 to 448 4 120 or the declaration. L 1983 H B 177,Separate titles and taxation, 448 1 105 1 If there is any unit owner other than a declarant each unit which has been created. together with its interest in the common elements constitutes for all purposes a separate parcel of real. 2 If there is any unit owner other than a declarant each unit shall be separately taxed and. assessed and no separate tax or assessment may be rendered against any common elements for which. a declarant has reserved no development rights, 3 Any portion of the common elements for which the declarant has reserved any development. right shall be separately taxed and assessed against the declarant and the declarant alone is liable for. payment of those taxes, 4 If there is no unit owner other than a declarant the real estate comprising the condominium. may be taxed and assessed in any manner provided by law. L 1983 H B 177, Applicability of local ordinances regulations and building codes. 448 1 106 1 Except as provided in subsection 2 of this section no zoning subdivision building. code or other real estate use law ordinance or regulation may prohibit the condominium form of. ownership or impose any requirement upon a condominium which it would not impose upon a. physically identical development under a different form of ownership Otherwise no provision of. sections 448 1 101 to 448 4 120 invalidates or modifies any provision of any zoning subdivision. building code or other real estate use law ordinance or regulation. 2 Subsection 1 of this section shall not apply to any ordinance rule regulation charter provision. or contract provision relating to the financing of housing construction rehabilitation or purchases. provided by or through a housing finance program established and operated pursuant to state or federal. law by a state or local agency or local unit of government or to any ordinance which has as its purpose. the application or enforcement of minimum housing standards. 3 For purposes of providing marketable title a statement in the declaration showing that the. condominium is not subject to an ordinance or showing that any conditions required under an. ordinance have been complied with shall be prima facie evidence that the condominium was not. created in violation of such ordinance, 4 A violation of an ordinance adopted pursuant to the provisions of subsection 2 of this section. shall not affect the validity of a condominium This subsection shall not be construed to in any way limit. the power of a county or municipality to enforce the provisions of an ordinance adopted pursuant to. subsection 2 of this section,L 1983 H B 177 A L 1993 H B 689. Eminent domain, 448 1 107 1 If a unit is acquired by eminent domain or if part of a unit is acquired by eminent. domain leaving the unit owner with a remnant which may not practically or lawfully be used for any. purpose permitted by the declaration the award shall compensate the unit owner for his unit and its. interest in the common elements whether or not any common elements are acquired Upon. acquisition unless the decree otherwise provides that unit s allocated interests are automatically. reallocated to the remaining units in proportion to the respective allocated interests of those units. before the taking and the association shall promptly prepare execute and record an amendment to. the declaration reflecting the reallocations Any remnant of a unit remaining after part of a unit is taken. under this subsection is thereafter a common element. 2 Except as provided in subsection 1 of this section if part of a unit is acquired by eminent. domain the award shall compensate the unit owner for the reduction in value of the unit and its. interest in the common elements whether or not any common elements are acquired Upon. acquisition unless the decree otherwise provides 1 that unit s allocated interests are reduced in. proportion to the reduction in the size of the unit or on any other basis specified in the declaration and. 2 the portion of the allocated interests divested from the partially acquired unit are automatically. reallocated to that unit and the remaining units in proportion to the respective allocated interests of. those units before the taking with the partially acquired unit participating in the reallocation on the. basis of its reduced allocated interests, 3 If part of the common elements is acquired by eminent domain the portion of the award. attributable to the common elements taken shall be paid to the association Unless the declaration. provides otherwise any portion of the award attributable to the acquisition of a limited common. element shall be equally divided among the owners of the units to which that limited common element. was allocated at the time of acquisition, 4 The court decree shall be recorded in every county in which any portion of the condominium is. L 1983 H B 177,Supplemental general principles of law applicable. 448 1 108 The principles of law and equity including the law of corporations and unincorporated. associations the law of real property and the law relative to capacity to contract principal and agent. eminent domain estoppel fraud misrepresentation duress coercion mistake receivership substantial. performance or other validating or invalidating cause supplement the provisions of sections 448 1. 101 to 448 4 120 except to the extent inconsistent with sections 448 1 101 to 448 4 120. L 1983 H B 177,Construction against implicit repeal. 448 1 109 Sections 448 1 101 to 448 4 120 being a general act intended as a unified coverage of. its subject matter no provisions shall be construed to be impliedly repealed by subsequent legislation if. that construction can reasonably be avoided,L 1983 H B 177.