Vermont Statutes Title 27 Sec. 1306
Terms Used In Vermont Statutes Title 27 Sec. 1306
- Apartment: means a part of the property intended for any type of independent use, including commercial uses. See
- Association of owners: means all of the apartment or site owners acting as a group in accordance with the bylaws and declaration. See
- Declaration: means the instrument by which the property is made subject to this chapter, as herein provided, and as the instrument may be amended from time to time. See
- Person: means an individual, corporation, partnership, association, trustee, or other legal entity. See
- Property: includes the land, the building or site and all improvements and structures thereon all owned in fee simple absolute or any other estate in real property recognized by law and all easements, rights, and appurtenances thereto, and all articles of personal property intended for use in connection therewith, which have been or are intended to be made subject to this chapter. See
- Site: means the spatial location occupied or to be occupied by a mobile home, including all utilities and amenities appurtenant to the location such as piping, wiring, plants, platforms or supports, lights, walls, and other improvements but not including the land on which the site is located. See
§ 1306. Common areas and facilities
(a) Each apartment or site owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the declaration. That percentage shall be computed by taking as a basis the value of the apartment or site in relation to the value of the property.
(b) The percentage of the undivided interest of each apartment or site owner in the common areas and facilities as expressed in the declaration shall have a permanent character and shall not be altered without the consent of all of the apartment or site owners expressed in an amended declaration duly recorded. The percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment or site to which it appertains and shall run with the interest conveyed or encumbered even though not expressly mentioned or described.
(c) Common areas and facilities shall remain undivided. No apartment or site owner or any other person may bring any action for partition or division of any part thereof, unless the property has been removed from the provisions of this chapter as provided in sections 1316 and 1326 of this title. Any covenant to the contrary shall be null and void.
(d) Each apartment or site owner may use his or her respective common areas and facilities in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights of the other apartment or site owners.
(e) The necessary work of maintenance, repair, and replacement of the common areas and facilities and the making of any additions or improvements thereto shall be carried out only as provided in this section and in the bylaws.
(f) The association of owners shall have the irrevocable right, to be exercised by the manager or board of directors, to have access to each apartment or site from time to time during reasonable hours as may be necessary for the maintenance, repair, or replacement of any of the common areas and facilities therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to another apartment or apartments or sites. (Added 1967, No. 228 (Adj. Sess.), § 6, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 2023, No. 6, § 359, eff. July 1, 2023.)