§ 1-207.
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/vt/1-207A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 1-207. Applicability to nonresidential and mixed-use common interest communities
(a)[Repealed.]
(b)A nonresidential common interest community is not subject to this title except to the extent the declaration provides that:
(1)this entire title applies to the community;
(2)Articles 1 and 2 of this title apply to the community; or
(3)in the case of a planned community, only sections 1-105, 1-106, and 1-107 of this title apply to the community.
(c)[Repealed.]
(d)If this entire title applies to a nonresidential common interest community, the declaration may also require, subject to section 1-112 of this title, that:
(1)notwithstanding section 3-105 of this title, any management contract, employment contract, lease of recreational or parking areas or facilities, and any other contract or lease between the association and a declarant or an affiliate of a declarant continues in force after the declarant turns over control of the association; and
(2)notwithstanding section 1-104 of this title, purchasers of units must execute proxies, powers of attorney, or similar devices in favor of the declarant regarding particular matters enumerated in those instruments.
(e)A common interest community that contains units restricted exclusively to nonresidential purposes and other units that may be used for residential purposes is not subject to this title unless the units that may be used for residential purposes would comprise a common interest community that would be subject to this title in the absence of the nonresidential units or the declaration provides that this title applies as provided in subsection
(b)or
(d)of this section. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 10, eff. Jan. 1, 2012.)