76-826. Sections, applicability.

316 words·~1 min read·/ne/chapter-76/76-826

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The Nebraska Condominium Act shall apply to all condominiums created within this state after January 1, 1984. Sections 76-827 , 76-829 to 76-831 , 76-840 , 76-841 , 76-869 , 76-874 , 76-876 , 76-884 , and 76-891.01 , and subdivisions (a)(1) to (a)(6) and (a)(11) to (a)(16) of section 76-860 , to the extent necessary in construing any of those sections, apply to all condominiums created in this state before January 1, 1984; but those sections apply only with respect to events and circumstances occurring after January 1, 1984, and do not invalidate existing provisions of the master deed, bylaws, or plans of those condominiums.

(b)The provisions of sections 76-801 to 76-824 do not apply to condominiums created after January 1, 1984, and do not invalidate any amendment to the master deed, bylaws, and plans of any condominium created before January 1, 1984, if the amendment would be permitted by the Nebraska Condominium Act. The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by sections 76-801 to 76-824 . If the amendment grants to any person any rights, powers, or privileges permitted by the Nebraska Condominium Act, all correlative obligations, liabilities, and restrictions in the act also apply to that person.

(c)The Nebraska Condominium Act shall not apply to condominiums or units located outside this state, but the public-offering statement provisions contained in sections 76-879 to 76-883 apply to all contracts for the disposition thereof signed in this state by any party unless exempt under subsection

(b)of section 76-878 .

Under this section, the validity of a lien for unpaid assessments is determined under section 76-874 if the events relevant to the lien occurred after January 1, 1984, even if the condominium was created before that date. Twin Towers Condo. Assn. v. Bel Fury Invest. Group, 290 Neb. 329, 860 N.W.2d 147 (2015).