§ 2-106.

386 words·~2 min read·/vt/2-106-3

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

§ 2-106. Leasehold common interest communities

(a)Any lease the expiration or termination of which may terminate the common interest community or reduce its size shall be recorded. Every lessor of those leases in a condominium or planned community shall sign the declaration. The declaration shall state all the following:

(1)The volume and page in which the lease is recorded or a statement of where the complete lease may be inspected.

(2)The date on which the lease is scheduled to expire.

(3)A legally sufficient description of the real estate subject to the lease.

(4)Any right of the unit owners to redeem the reversion and the manner in which those rights may be exercised, or a statement that the owners do not have those rights.

(5)Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that the owners do not have those rights.

(6)Any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that the owners do not have those rights.

(b)After the declaration for a leasehold condominium or leasehold planned community is recorded, neither the lessor nor the lessor’s successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of his or her share of the rent and otherwise complies with all covenants that if violated would entitle the lessor to terminate the lease. A unit owner’s leasehold interest in a condominium or planned community is not affected by failure of any other person to pay rent or fulfill any other covenant.

(c)Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and reversionary or remainder interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.

(d)If the expiration or termination of a lease decreases the number of units in a common interest community, the allocated interests shall be reallocated proportionately in accordance with section 1-107 of this title. Reallocations shall be confirmed by an amendment to the declaration prepared, executed, and recorded by the association. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)