(1) Unless
exempted, the administration and operation of multiunit condominiums shall be
governed by the declaration.
(2) At or before the execution of a contract for sale and, if none, before
closing, every initial bona fide condominium unit buyer shall be provided by the
seller with a copy of the bylaws, with amendments, if any, of the unit owners'
association or corporation, and such bylaws and amendments shall be of a size print
or type to be clearly legible.
(3) The bylaws shall contain or provide for at least the following:
(a) The election from among the unit owners of a board of managers, the
number of persons constituting such board, and that the terms of at least one-third
of the members of the board shall expire annually; the powers and duties of the
board; the compensation, if any, of the members of the board; the method of
removal from office of members of the board; and whether or not the board may
engage the services of a manager or managing agent, or both, and specifying which
of the powers and duties granted to the board may be delegated by the board to
either or both of them; however, the board when so delegating shall not be relieved
of its responsibility under the declaration;
(b) The method of calling meetings of the unit owners; the method of
allocating votes to unit owners; what percentage of the unit owners, if other than a
majority, constitutes a quorum; and what percentage is necessary to adopt
decisions binding on all unit owners;
(c) The election of a president from among the board of managers, who shall
preside over the meetings of the board of managers and of the unit owners;
(d) The election of a secretary, who shall keep the minutes of all meetings of
the board of managers and of the unit owners and who, in general, shall perform all
the duties incident to the office of secretary;
(e) The election of a treasurer, who shall keep the financial records and
books of account. The treasurer may also serve as the secretary.
(f) The authorization to the board of managers to designate and remove
personnel necessary for the operation, maintenance, repair, and replacement of the
common elements;
(g) A statement that the unit owners and their mortgagees, if applicable,
may inspect the records of receipts and expenditures of the board of managers
pursuant to section 38-33-107 at convenient weekday business hours, and that,
upon ten days' notice to the manager or board of managers and payment of a
reasonable fee, any unit owner shall be furnished a statement of his account setting
forth the amount of any unpaid assessments or other charges due and owing from
such owner;
(h) A statement as to whether or not the condominium association is a not-for-profit corporation, an unincorporated association, or a corporation;
(i) The method of adopting and of amending administrative rules and
regulations governing the operation and use of the common elements;
(j) The percentage of votes required to modify or amend the bylaws, but each
one of the particulars set forth in this section shall always be embodied in the
bylaws;
(k) The maintenance, repair, replacement, and improvement of the general
and limited common elements and payments therefor, including a statement of
whether or not such work requires prior approval of the unit owners' association or
corporation when it would involve a large expense or exceed a certain amount;
(l) The method of estimating the amount of the budget; the manner of
assessing and collecting from the unit owners their respective shares of such
estimated expenses and of any other expenses lawfully agreed upon; and a
statement concerning the division, if any, of the assessment charge between
general and limited common elements and the amount or percent of such division;
(m) A list of the services provided by the unit owners' association or
corporation which are paid for out of the regular assessment;
(n) A statement clearly and separately indicating what assessments, debts,
or other obligations are assumed by the unit owner on his condominium unit;
(o) A statement as to whether or not additional liens, other than mechanics'
liens, assessment liens, or tax liens, may be obtained against the general or limited
common elements then existing in which the unit owner has a percentage
ownership;
(p) Such restrictions on and requirements respecting the use and
maintenance of the units and the use of the general and limited common elements
as are designed to prevent unreasonable interference with the use of their
respective units and said common elements by the several unit owners;
(q) Such restrictions on and requirements concerning the sale or lease of a
unit including rights of first refusal on sale and any other restraints on the free
alienability of the unit;
(r) A statement listing all major recreational facilities and to whom they are
available and clearly indicating whether or not fees or charges, if any, in
conjunction therewith, are in addition to the regular assessment;
(s) A statement relating to new additions of general and limited common
elements to be constructed, including but not limited to:
(I) The effect on a unit owner in reference to his obligation for payment of
the common expenses, including new recreational facilities, costs, and fees, if any;
(II) The effect on a unit owner in reference to his ownership interest in the
existing general and limited common elements and new general and limited
common elements;
(III) The effect on a unit owner in reference to his voting power in the
association.
(4) Any declaration recorded on or after January 1, 1976, shall not conflict
with the provisions of this section or bylaws made in accordance with this section.
The requirements contained in paragraphs (k) to (s) of subsection (3) of this section
need not be included in the bylaws if they are set forth in the declaration.
(5) This section shall not apply to:
(a) Commercial or industrial condominiums or any other condominiums not
used for residential use;
(b) Condominiums of ten units or less;
(c) Condominiums established by a declaration recorded prior to January 1,
1976.