§ 207 - Applicability to nonresidental and mixed-use common interest communities - Vermont Statutes

§ 1-207. Applicability to nonresidental and mixed-use common interest communities

(a) "Nonresidential common interest community" means a common interest community in which all units are restricted exclusively to nonresidential purposes. Except as provided in subsection (e), this section applies only to nonresidential common interest communities.

(b) A nonresidential common interest community is not subject to this title unless the declaration otherwise provides.

(c) The declaration of a nonresidential common interest community may provide that the entire title applies to the community or that only sections 1-105, 1-106 and 1-107 apply.

(d) If this entire title applies to a nonresidential common interest community, the declaration may also require, subject to section 1-112, that:

(1) notwithstanding section 3-105, 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 in the absence of the nonresidential units or the declaration provides that this title applies as provided in subsection (c) or (d) of this section. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)