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Subchapter 001: CONDOMINIUM OWNERSHIP
§ 1301. Short title
This chapter shall be known as the “Condominium Ownership Act.” (Added 1967, No. 228 (Adj. Sess.), § 1, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
§ 1302. Definitions
As used in this chapter, unless the context otherwise requires:
(1) “Apartment” means a part of the property intended for any type of independent use,
including commercial uses. An “apartment” is one or more rooms or enclosed spaces
located on one or more floors in a building, and with a direct exit to a public street
or highway or to a common area leading to a street or highway.
(2) “Apartment owner” means the person owning an apartment in fee simple absolute or any
other estate in real property recognized by law and an undivided interest in the fee
simple estate or any other estate in real property recognized by law of the common
areas and facilities in the percentage specified and established in the declaration.
(3) “Apartment number” or “site number” means the number, letter, or combination thereof,
designating the apartment or site in the declaration.
(4) “Association of owners” means all of the apartment or site owners acting as a group
in accordance with the bylaws and declaration.
(5) “Building” means a building containing two or more apartments, or two or more buildings
containing a total of two or more apartments, and comprising a part of the property.
(6) “Common areas and facilities,” unless otherwise provided in the declaration or lawful
amendments thereto, includes:
(A) land on which the building or site is located;
(B) foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors,
lobbies, stairs, stairways, fire escapes, and entrances and exits of the building;
(C) basements, yards, gardens, private roads and streets, parking areas, and storage spaces;
(D) premises for the lodging of janitors or persons in charge of the property;
(E) installations of central services such as power, light, gas, hot and cold water, heating,
refrigeration, air conditioning, sewage disposal, and incinerating;
(F) elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus
and installations existing for common use;
(G) such community and commercial facilities as may be provided for in the declaration;
and
(H) all other parts of the property necessary or convenient to its existence, maintenance
and safety, or normally in common use.
(7) “Common expenses” include:
(A) all sums lawfully assessed against the apartment or site owners by the association
of owners;
(B) expenses of administration, maintenance, repair, or replacement of the common areas
and facilities;
(C) expenses agreed upon as common expenses by the association of owners; and
(D) expenses declared common expenses by this chapter, or by the declaration or the bylaws.
(8) “Common profits” means the balance of all income, rents, profits, and revenues from
the common areas and facilities remaining after the deduction of the common expenses.
(9) “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.
(10) “Limited common areas and facilities” means those common areas and facilities designated
in the declaration as reserved for use of a certain apartment or apartments or sites
to the exclusion of other apartments or sites.
(11) “Majority” or “majority of apartment owners” or “majority of site owners” means the
apartment or site owners with more than fifty per cent of the votes in accordance
with the percentages assigned in the declaration to the apartments or sites for voting
purposes.
(12) “Person” means an individual, corporation, partnership, association, trustee, or other
legal entity.
(13) “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.
(14) “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.
(15) “Mobile home park” has the meaning given in 10 V.S.A. § 6201. (Added 1967, No. 228 (Adj. Sess.), § 2, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 2023, No. 6, § 357, eff. July 1, 2023; 2023, No. 161 (Adj. Sess.), § 25, eff. June 6, 2024.)
§ 1303. Application of chapter
This chapter shall apply only to property, the sole owner or all of the owners of
which make the property subject to this chapter by duly executing and recording a
declaration as provided in this chapter. (Added 1967, No. 228 (Adj. Sess.), § 3, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 2023, No. 6, § 358, eff. July 1, 2023.)
§ 1304. Status of the apartments or sites
Each apartment or site, together with its undivided interest in the common areas and
facilities, shall for all purposes constitute real property. (Added 1967, No. 228 (Adj. Sess.), § 4, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
§ 1305. Ownership of apartments or sites
Each apartment or site owner shall be entitled to the exclusive ownership and possession
of his or her apartment or site. (Added 1967, No. 228 (Adj. Sess.), § 5, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
§ 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.)
§ 1307. Compliance with covenants, bylaws, and administrative provisions
Each apartment or site owner shall comply strictly with the bylaws and with the administrative
rules adopted under them, as either may be lawfully amended from time to time, and
with the covenants, conditions, and restrictions set forth in the declaration or in
the deed to his or her apartment or site. Failure to comply with them shall be grounds
for an action to recover sums due, for damages or injunctive relief or both maintainable
by the manager or boards of directors on behalf of the association of owners or, in
a proper case, by an aggrieved apartment or site owner. (Added 1967, No. 228 (Adj. Sess.), § 7, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
§ 1308. Certain work prohibited
No apartment or site owner may do any work that would jeopardize the soundness or
safety of the property, reduce the value thereof, or impair an easement or hereditament
without the unanimous consent of all the other apartment or site owners being first
obtained. (Added 1967, No. 228 (Adj. Sess.), § 8, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
§ 1309. Liens against apartments or sites; removal from lien; effect of part payment
(a) After recording the declaration as provided in this chapter, and while the property
remains subject to this chapter, no lien may thereafter arise or be effective against
the property. During that period, liens or encumbrances shall arise or be created
only against each apartment or site and the percentage of undivided interest in the
common areas and facilities, appurtenant to that apartment or site, in the same manner
and under the same conditions in every respect as liens or encumbrances may arise
or be created upon or against any other separate parcel of real property subject to
individual ownership. Labor performed or materials furnished with the consent or at
the request of an apartment or site owner or the owner’s agent or the owner’s contractor
or subcontractor shall not be a basis for filing a mechanic’s lien against the apartment
or site or any other property of any other apartment or site owner not expressly consenting
to or requesting the work, except that the express consent shall be deemed to be given
to the owner of any apartment or site in the case of emergency repairs. Labor performed
and materials furnished for the common areas and facilities, if duly authorized by
the association of owners, the manager, or board of directors, in accordance with
this chapter, the declaration, or bylaws, shall constitute a basis for filing a mechanic’s
lien against each of the apartments or sites and shall be subject to the provisions
of subsection (b) of this section.
(b) If a lien against two or more apartments or sites becomes effective, the owners of
the separate apartment or site may remove their apartment or site and the percentage
of undivided interest in the common areas and facilities appurtenant to that apartment
or site from the lien by payment of the fractional or proportional amounts attributable
to each of the apartments or sites affected. The individual payment shall be computed
by reference to the percentages appearing on the declaration. After any payment, discharge,
or other satisfaction the apartment or site and the percentage of undivided interest
in the common areas and facilities appurtenant thereto shall be free and clear of
the lien so paid, satisfied, or discharged. That partial payment, satisfaction, or
discharge shall not prevent the lien holder from proceeding to enforce the lien holder’s
rights against the rest of the undischarged property. (Added 1967, No. 228 (Adj. Sess.), § 9, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 2023, No. 6, § 360, eff. July 1, 2023.)
§ 1310. Common profits and expenses
Annually, the common profits of the property may be distributed among, and the common
expenses shall be charged to, the apartment or site owners according to the percentage
of the undivided interest in the common areas and facilities. (Added 1967, No. 228 (Adj. Sess.), § 10, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
§ 1311. Contents of declaration
The declaration shall contain the following particulars:
(1) Description of the land on which the building or sites and improvements are or are
to be located.
(2) In the case of a building, a description of the building, stating the number of stories
and basements, the number of apartments and the principal materials of which it is
or is to be constructed; in the case of a mobile home park, a description of the entire
property, stating the number of sites, the utilities and amenities provided to the
several sites, the principal materials of which the mobile home foundations, walks,
drives, and streets are or are to be constructed, and any buildings on the property.
(3) The apartment number of each apartment or site, and a statement of its location, approximate
area, number of rooms in the case of an apartment, and immediate common area to which
it has access, and any other data necessary for its proper identification.
(4) Description of the common areas and facilities.
(5) Description of the limited common areas and facilities, if any, stating to which apartments
or sites their use is reserved.
(6) Value of the property and of each apartment or site, and the percentage of undivided
interest in the common areas and facilities appertaining to each apartment or site
and its owner for all purposes, including voting.
(7) Statement of the purposes for which each building and each of the apartments or sites
are intended and restricted as to use.
(8) The name of a person to receive service of process in the cases provided in this section,
together with the person’s residence or place of business which shall be within the
city or county where the property is located.
(9) Provision as to the percentage of votes by the apartment or site owners which shall
be determinative of whether to rebuild, repair, restore, or sell the property in the
event of damage or destruction of all or part of the property.
(10) Any further details in connection with the property that the person executing the
declaration may consider desirable to set forth consistent with this chapter.
(11) The method by which the declaration may be amended, consistent with this chapter.
(12) Reference to recorded floor plan in the case of a building or site plan in the case
of a mobile home park, and recorded lot plan. (Added 1967, No. 228 (Adj. Sess.), § 11, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 2023, No. 6, § 361, eff. July 1, 2023.)
§ 1312. Contents of deeds of apartments or sites
Deeds of apartments or sites shall include the following particulars:
(1) Description of the land as provided in section 1311 of this title, or the post office address of the property, including in either case the book, page
and date of recording of the declaration.
(2) The apartment number of the apartment or site in the declaration and any other data
necessary for its proper identification.
(3) Statement of the use for which the apartment or site is intended and restrictions
on its use.
(4) The percentage of undivided interest appertaining to the apartment or site in the
common areas and facilities.
(5) Any further details that the grantor and grantee may consider desirable to set forth
consistent with the declaration and this chapter.
(6) Reference to recorded floor plan or site plan, and recorded lot plan. (Added 1967, No. 228 (Adj. Sess.), § 12, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
§ 1313. Copy of the floor plans to be filed
(a) Simultaneously with the recording of the declaration there shall be filed in the office
of the recording officer a lot plan and, in the case of an apartment building, a set
of the floor plans of the building showing the layout, location, apartment or site
numbers, and dimensions of the apartments or sites, stating the name of the building
or that it has no name. In the case of a mobile home park, there shall be filed in
the office of the recording officer a site plan showing the layout, location, site
numbers, and dimensions of the sites, and the layout, location, and materials of all
utilities, including underground utilities. Each set of building or site plans shall
bear the verified statement of a licensed architect, licensed professional engineer,
or licensed land surveyor certifying that it is an accurate copy of portions of the
plans of the building or site as filed with and approved by the municipal or other
governmental subdivision having jurisdiction over the issuance of permits for the
construction of buildings or mobile home parks. If the plans do not include a verified
statement by the licensed architect, licensed professional engineer, or licensed land
surveyor that they fully and accurately depict the layout, location, apartment or
site numbers, and dimensions of the apartments or sites as built, there shall be recorded
before the first conveyance of any apartment or site an amendment to the declaration,
to which shall be attached a verified statement of a licensed architect, licensed
professional engineer, or licensed land surveyor certifying that the plans previously
filed, or being filed simultaneously with the amendment, fully and accurately depict
the layout, location, apartment or site numbers, and dimensions of the apartments
or sites as built. Plans shall be kept by the recording officer in a separate file
for each building or park, indexed in the same manner as conveyance entitled to record,
numbered serially in the order of receipt, each designated “apartment ownership” or
“site ownership,” with the name of the building or park, if any, each containing a
reference to the book, page, and date of recording of the declaration. Correspondingly,
the record of the declaration shall contain a reference to the file number of the
floor plans of the building or of the site plans of the parks affected.
(b) If the declaration has been of record for 15 or more years, no effect on marketability
of title shall be created by failure to file or record floor plans. (Added 1967, No. 228 (Adj. Sess.), § 13, eff. Jan. 23, 1968; amended 1989, No. 139 (Adj. Sess.); 1993, No. 97, § 2; 2017, No. 24, § 4, eff. May 4, 2017.)
§ 1314. Blanket mortgages and other blanket liens affecting an apartment or site at time of
first conveyance
At the time of the first conveyance of each apartment or site, every mortgage and
other lien affecting the apartment or site, including the percentage of undivided
interest of the apartment or site in the common areas and facilities, shall be paid
and satisfied of record, or the apartment or site being conveyed and its percentage
of undivided interest in the common areas and facilities shall be released therefrom
by partial release duly recorded. (Added 1967, No. 228 (Adj. Sess.), § 14, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
§ 1315. Recording
(a) The declaration, any amendment or amendments thereof, any instrument by which this
chapter may be waived, and every instrument affecting the property or any apartment
or site shall be entitled to be recorded. Neither the declaration nor any amendment
thereof shall be valid unless duly recorded.
(b) In addition to the records and indexes required to be maintained by the recording
officer, the recording officer shall maintain an index or indexes in which the record
of each declaration contains a reference to the record of each conveyance of an apartment
or site affected by the declaration, and the record of each conveyance of an apartment
or site contains a reference to the declaration of the building of which the apartment
is a part and the record of each conveyance of a site contains a reference to the
declaration of the property of which the site is a part. (Added 1967, No. 228 (Adj. Sess.), § 15, eff. Jan. 23, 1968; amended 1993, No. 97 § 2; 2023, No. 6, § 362, eff. July 1, 2023.)
§ 1316. Termination, dissolution
(a) All of the apartment or site owners may remove a property from the provisions of this
chapter by an instrument to that effect, duly recorded, if the holders of all liens
affecting any of the apartments or sites consent or agree, in either case by instruments
duly recorded, that their liens be transferred to the percentage of the undivided
interest of the apartment or site owner in the property as provided in this section.
(b) Upon removal of the property from the provisions of this chapter, the property shall
be considered to be owned in common by the apartment or site owners. The undivided
interest in the property owned in common which shall appertain to each apartment or
site owner shall be the percentage of undivided interest previously owned by the owner
in the common areas and facilities. (Added 1967, No. 228 (Adj. Sess.), § 16, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 2023, No. 6, § 363, eff. July 1, 2023.)
§ 1317. Resubmission
The removal provided for in section 1316 of this title shall in no way bar the subsequent resubmission of the property to the provisions
of this chapter. (Added 1967, No. 228 (Adj. Sess.), § 17, eff. Jan. 23. 1968; amended 1993, No. 97, § 2.)
§ 1318. Bylaws
The administration of every property shall be governed by bylaws, a true copy of which
shall be annexed to the declaration and made a part thereof. No modification of or
amendment to the bylaws shall be valid unless set forth in an amendment to the declaration
and such amendment is duly recorded. (Added 1967, No. 228 (Adj. Sess.), § 18, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
§ 1319. Contents of bylaws
(a) The bylaws may provide for the following:
(1) The election from among the apartment or site owners of a board of directors, the
number of persons constituting it, and that the terms of at least one-third of the
directors shall expire annually; the powers and duties of the board; the compensation,
if any, of the directors; the method of removal from office of directors; and whether
or not the board may engage the services of a manager or managing agent.
(2) Method of calling meetings of the apartment or site owners; what percentage, if other
than a majority, of apartment or site owners shall constitute a quorum.
(3) Election of a president from among the board of directors who shall preside over the
meetings of the board of directors and of the association of owners.
(4) Election of a secretary who shall keep the minute book in which resolutions shall
be recorded.
(5) Election of a treasurer who shall keep the financial records and books of account
and shall report annually to owners.
(6) Maintenance, repair, and replacement of the common areas and facilities, including
payments for the maintenance, repair, and replacements and the method of approving
payment vouchers.
(7) Manner of collecting from the apartment or site owners their share of the common expenses.
(8) Authority over personnel necessary for the maintenance, repair, and replacement of
the common areas and facilities.
(9) Method of adopting and of amending administrative rules and regulations governing
the details of the operation and use of the common areas and facilities.
(10) Such restrictions on and requirements respecting the use and maintenance of the apartments
or sites and the use of the common areas and facilities, not set forth in the declaration,
as are designed to prevent unreasonable interference with the use of their respective
apartments or sites and of the common areas and facilities by the several apartment
or site owners.
(11) The percentage of votes required to amend the bylaws.
(12) Other provisions considered necessary for the administration of the property consistent
with this chapter.
(b) In the case of a mobile home park condominium of more than three units, the bylaws
shall provide that no member or site owner shall have more than 30 percent of the
aggregate association vote. (Added 1967, No. 228 (Adj. Sess.), § 19, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 1993, No. 141 (Adj. Sess.), § 19, eff. May 6, 1994; 2023, No. 6, § 364, eff. July 1, 2023.)
§ 1320. Books of receipts and expenditures; availability for examination
The manager or board of directors, as the case may be, shall keep or see to keeping
of detailed, accurate records in chronological order, of the receipts and expenditures
affecting the common areas and facilities, specifying and itemizing the maintenance
and repair expenses of the common areas and facilities and any other expenses incurred.
Those records and the vouchers authorizing the payments shall be available for examination
by the apartment or site owners at convenient hours of week days. (Added 1967, No. 228 (Adj. Sess.), § 20, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
§ 1321. Waiver of use of common areas and facilities; abandonment of apartment or site
No apartment or site owner may exempt himself or herself from liability for his or
her contribution towards the common expenses by waiver of the use or enjoyment of
any of the common areas and facilities or by abandonment of his or her apartment or
site. (Added 1967, No. 228 (Adj. Sess.), § 21, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
§ 1322. Separate taxation
Each apartment or site and its percentage of undivided interest in the common areas
and facilities shall be considered to be a parcel and shall be subject to separate
assessment and taxation by each assessing unit and special district for all types
of taxes authorized by law, including special ad valorem levies and special assessments,
except that parcels held in identical ownership may be combined and treated as one
parcel for purposes of assessment and taxation at the discretion of the listers. Neither
the building, the property, nor any of the common areas and facilities shall be deemed
to be a parcel. (Added 1967, No. 228 (Adj. Sess.), § 22, eff. Jan. 23, 1968; amended 1987, No. 167 (Adj. Sess.), § 1, eff. May 3, 1988; 1993, No. 97, § 2; 2023, No. 6, § 365, eff. July 1, 2023.)
§ 1323. Priority of lien
(a) All sums assessed by the association of owners but unpaid for the share of the common
expenses chargeable to any apartment or site shall constitute a lien on that apartment
or site prior to all other liens except only (i) tax liens on the apartment or site
in favor of any assessing unit and special district, (ii) all sums unpaid on a first
mortgage of record, and (iii) mechanic’s liens. The lien may be foreclosed by suit
by the manager or board of directors, acting on behalf of the apartment or site owners,
in like manner as a mortgage on real property. In any foreclosure the apartment or
site owner shall be required to pay a reasonable rental for the apartment or site,
if so provided in the bylaws, and the plaintiff shall be entitled to the appointment
of a receiver to collect it. The manager or board of directors, acting on behalf of
the apartment or site owners, may, unless prohibited by the declaration, bid on the
apartment or site at foreclosure sale, and acquire and hold, lease, mortgage and convey
the same. Suit to recover a money judgment for unpaid common expenses shall be maintainable
without foreclosing or waiving the lien securing the same.
(b) Where the mortgagee of a first mortgage of record or other purchaser of an apartment
or site obtains title to the apartment or site as a result of foreclosure of the first
mortgage, the acquirer of title, his or her successors and assigns, shall not be liable
for the share of the common expenses or assessments by the association of owners chargeable
to the mortgagor which became due before the acquisition of title to the apartment
or site by the acquirer. The unpaid share of common expenses or assessments shall
be considered common expenses collectible from all of the apartment or site owners
including the acquirer, his or her successors and assigns. (Added 1967, No. 228 (Adj. Sess.), § 23, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
§ 1324. Joint and several liability of grantor and grantee for unpaid common expenses
In a voluntary conveyance, the grantee of an apartment or site shall be jointly and
severally liable with the grantor for all unpaid assessments against the latter for
the grantor’s share of the common expenses up to the time of the grant or conveyance,
without prejudice to the grantee’s right to recover from the grantor the amounts paid
by the grantee. However, the grantee shall be entitled to a statement from the manager
or board of directors, as the case may be, setting forth the amount of the unpaid
assessments against the grantor and the grantee shall not be liable for, nor shall
the apartment or site conveyed be subject to a lien for, any unpaid assessments against
the grantor in excess of the amount set forth in the statement. (Added 1967, No. 228 (Adj. Sess.), § 24, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 2023, No. 6, § 366, eff. July 1, 2023.)
§ 1325. Insurance
The manager or the board of directors, if required by the declaration, bylaws or by
a majority of the apartment or site owners, or at the request of a mortgagee having
a first mortgage of record covering an apartment or site, shall have the authority
to, and shall, obtain insurance for the property against loss or damage by fire and
such other hazards under such terms and for such amounts as shall be required or requested.
Such insurance coverage shall be written on the property in the name of such manager
or of the board of directors of the association of owners, as trustee for each of
the apartment or site owners in the percentages established in the declaration. Premiums
shall be common expenses. Provision for such insurance shall be without prejudice
to the right of each apartment or site owner to insure his or her own apartment or
site for his or her benefit. (Added 1967, No. 228 (Adj. Sess.), § 25, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
§ 1326. Disposition of property; destruction or damage
If, within 90 days after the date of the damage or destruction to all or part of the
property, it is not determined by the association of owners to repair, reconstruct,
or rebuild, then and in that event:
(1) the property shall be considered to be owned in common by the apartment or site owners;
(2) the undivided interest in the property owned in common which shall appertain to each
apartment or site owner shall be the percentage of undivided interest previously owned
by the owner in the common areas and facilities;
(3) any liens affecting any of the apartments or sites shall be considered to be transferred
in accordance with the existing priorities to the percentage of the undivided interest
of the apartment or site owner in the property as provided in this section; and
(4) the property shall be subject to an action for partition at the suit of any apartment
or site owner, in which event the net proceeds of a sale, together with the net proceeds
of the insurance on the property, if any, shall be considered as one fund and shall
be divided among all the apartment or site owners in a percentage equal to the percentage
of undivided interest owned by each owner in the property, after first paying out
of the respective shares of the apartment or site owners, to the extent sufficient
for the purpose, all liens on the undivided interest in the property owned by each
apartment or site owner. (Added 1967, No. 288 (Adj. Sess.), § 26, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 2023, No. 6, § 367, eff. July 1, 2023.)
§ 1327. Actions
Without limiting the rights of any apartment or site owner, actions may be brought
by the manager or board of directors (in either case in the discretion of the board
of directors) on behalf of two or more of the apartment or site owners, as their respective
interests may appear, with respect to any cause of action relating to the common areas
and facilities of more than one apartment or site. Service of process on two or more
apartment or site owners in any action relating to the common areas and facilities
of more than one apartment or site may be made on the person designated in the declaration
to receive service of process. (Added 1967, No. 228 (Adj. Sess.), § 27, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
§ 1328. Personal application
(a) All apartment or site owners, their tenants, employees of owners and tenants, or any
other persons that may in any manner use property or any part thereof made subject
to the provisions of this chapter shall be subject to this chapter and to the declaration
and bylaws of the association of owners adopted under this chapter.
(b) All agreements, decisions, and determinations lawfully made by the association of
owners in accordance with the voting percentages established in the act, declaration,
or bylaws shall be binding on all apartment or site owners. (Added 1967, No. 228 (Adj. Sess.), § 28, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
§ 1329. Severability
If any provision of this chapter or the application thereof in any circumstance is
held invalid, the validity of the remainder of the chapter and of its application
shall not be affected thereby. (Added 1967, No. 228 (Adj. Sess.), § 29, eff. Jan. 23, 1968; amended 1993, No. 97, § 2.)
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Subchapter 002: PROTECTION OF TENANTS IN CONVERSION OF RENTAL UNITS
§ 1331. Definitions
As used in this subchapter:
(1) “Comparable housing” means housing that is decent, safe, sanitary, and in compliance
with all local and State housing codes, and provided with facilities equivalent to
those provided by the landlord in the dwelling unit in which the tenant then resides
in regard to each of the following: apartment size, rent range, major kitchen and
bathroom facilities, special facilities necessary for persons with disabilities or
who have an infirmity, and desirability of neighborhood, school facilities, or area.
(2) “Conversion” means a change in character of residential real property from a rental
to an ownership basis. A common interest community, stock cooperative, or similar
arrangement shall be deemed such a change in character of ownership.
(3) “Declarant” means any person who offers for transfer ownership interests in a common
interest community as part of an initial common promotional plan.
(4) “Tenant who is an elder” means a tenant who is 62 years of age or older.
(5) “Tenant with a disability” means a tenant who has a physical or mental impairment
that restricts one or more major life activities, including functions such as caring
for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing,
learning, or working.
(6) “Low-income tenant household” means a household having an income not exceeding 80
percent of median income for area of residence as set forth in regulations promulgated
from time-to-time by the Department of Housing and Urban Development pursuant to 42 U.S.C. § 1437 et seq. (Added 1985, No. 175 (Adj. Sess.), § 5; amended 1997, No. 104 (Adj. Sess.), § 1, eff. Jan. 1, 1999; 2013, No. 96 (Adj. Sess.), § 185.)
§ 1332. Applicability
This subchapter shall apply to the conversion of all residential rental property in
the state other than a mobile home park, except the conversion of any single-family
dwelling unit that is individually owned but has been rented. Conversion of a mobile
home park shall be subject to subchapter 3 of this chapter. (Added 1985, No. 175 (Adj. Sess.), § 5; amended 1993, No. 97, § 3.)
§ 1333. Conversion building; notice to tenants
(a) If the building to be converted consists of more than five dwelling units or if the
building to be converted is part of an apartment complex or is one building in a group
of buildings that are contiguous or that share common areas, the landlord shall give
to each tenant the following minimum written notice to vacate or purchase the unit:
two years to tenants who are elders or have a disability; one year to low-income tenant
households; six months to all other tenants.
(b) If the building to be converted consists of five or fewer dwelling units, the landlord
shall give to each tenant the following minimum written notice to vacate or purchase
the unit: one year to tenants who are elders or have a disability; six months to low-income
tenant households; three months to all other tenants. A landlord may not circumvent
the longer notice requirements by converting a building consisting of five or fewer
dwelling units if the conversion is part of a plan to convert more than five dwelling
units.
(c) The notice shall state that the building is to be converted to a common interest community.
It shall set forth generally the rights of tenants under this subchapter, and shall
be given by certified mail, return receipt requested, at the address of the unit or
any other mailing address provided by the tenant. Failure to give notice as required
by this section is a defense to an action for possession.
(d) During the notice period, a tenant may not be required to vacate except for a reason
specified in 9 V.S.A. § 4467(a) or (b).
(e) During the notice period, rent increases shall be limited to an amount which reflects
reasonable profits, actual increased costs of maintenance and operation of the dwelling
unit subject to conversion. Costs associated with the proposed conversion are not
a permissible basis for a rent increase.
(f) After receipt of the notice prescribed in subsection (a) of this section, a tenant
may terminate the rental agreement upon 30 days’ written notice to the landlord.
(g) Nothing in this section permits termination of a written lease by a landlord in violation
of its terms.
(h) The notice requirements imposed by this section shall not affect the right of a declarant
to transfer ownership interests in dwelling units that are not subject to those requirements
or as to which the notice period has expired. (Added 1985, No. 175 (Adj. Sess.), § 5; amended 1997, No. 104 (Adj. Sess.), § 2, eff. Jan. 1, 1999; 2013, No. 96 (Adj. Sess.), § 186.)
§ 1334. Exclusive right to purchase
(a) For 90 days after giving the notice described in section 1333 of this title, the declarant shall offer to convey each unit or proposed unit occupied for residential
use to the tenant who rents that unit. The tenant shall be given all documents provided
to the general public or to other tenants as part of the offering for sale of the
unit. If a tenant fails to contract for the unit during the offer period, the declarant
may not offer an interest in that unit during the following 90 days at a price or
on terms more favorable to the offeree than the price or terms offered to the tenant.
(b) If a declarant conveys a unit in violation of section 1333 to a purchaser for value
who has no knowledge of the violation, recordation of the deed conveying the unit
extinguishes any right a tenant may have to purchase the unit, but does not affect
the right of a tenant to recover damages from the declarant.
(c) This section shall not apply to any unit in a conversion building if that unit will
be restricted exclusively to nonresidential use or the boundaries of the converted
unit do not substantially conform to the dimensions of the residential unit before
conversion. (Added 1985, No. 175 (Adj. Sess.), § 5.)
§ 1335. Comparable housing
The declarant may offer a tenant assistance in locating comparable housing. If, as
a result, the tenant obtains comparable housing, the tenant may be required upon 90
days’ notice to vacate the premises. (Added 1985, No. 175 (Adj. Sess.), § 5.)
§ 1336. Relocation costs
(a) The declarant shall pay the actual documented cost of relocation, not to exceed $1,000.00,
to any tenant entitled to receive notice under section 1333 of this title who does not purchase the unit that he or she occupies or another unit in the same
building or buildings.
(b) Relocation costs shall be payable within 10 days after the date the tenant vacates
the unit; provided, however, that no tenant is eligible for relocation costs unless:
(1) all rent due and payable has been paid by the tenant prior to the date on which the
unit is vacated; and
(2) the tenant has voluntarily vacated the unit on or before the expiration of half the
applicable notice period. (Added 1985, No. 175 (Adj. Sess.), § 5.)
§ 1337. Waiver prohibited
No lease or rental agreement, oral or written, shall contain any provision by which
the tenant prospectively waives any of his or her rights under this subchapter. Any
such waiver shall be deemed contrary to public policy and shall be unenforceable and
void. (Added 1985, No. 175 (Adj. Sess.), § 5.)
§ 1338. Circumvention of this subchapter
A declarant shall not attempt to circumvent the provisions of this subchapter; nor
shall any person willfully cause a tenant to vacate a dwelling unit or to be evicted
from the unit without good cause in contemplation of conversion before the issuance
of the notice prescribed in section 1333 of this title. (Added 1985, No. 175 (Adj. Sess.), § 5.)
§ 1339. Violations
A violation of this subchapter is deemed to be a violation of 9 V.S.A. § 2453, and is subject to all rights, obligations, and penalties provided under 9 V.S.A.
chapter 63. (Added 1985, No. 175 (Adj. Sess.), § 5.)
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Subchapter 003: PROTECTION OF TENANTS IN CONVERSION OF MOBILE HOME PARKS
§ 1351. Definitions
As used in this subchapter:
(1) “Association” means all of the site owners acting as a group in accordance with the
bylaws and declaration.
(2) “Convert,” “conversion,” or “converted” means a change in character of a mobile home
park from a rental to a common interest ownership basis. A condominium or similar
arrangement shall be deemed to be such a change in character of ownership. However,
“conversion” does not include the creation of a cooperative housing corporation, pursuant
to 11 V.S.A. chapter 14.
(3) “Dealer” means a person in the business of selling sites for his or her own account.
(4) “Declarant” means any person who offers for transfer the ownership interest in a mobile
home park to a condominium or similar arrangement.
(5) “Commissioner” means the commissioner of the department of housing and community affairs.
(6) “Election period” means the six-month period that begins with the declarant’s submission
of notice of intent to convert a mobile home park under section 1353 of this subchapter.
(7) “Leaseholder” means a person who has a leasehold interest derived from the declarant
or any site purchaser in a site in a mobile home park to be converted pursuant to
this subchapter.
(8) “Mobile home park” means a mobile home park as defined under 10 V.S.A. § 6201(2).
(9) “Nonpurchasing leaseholder” means a leaseholder who has elected not to purchase a
site in a mobile home park to be converted pursuant to this subchapter.
(10) “Purchasing leaseholder” means a leaseholder who has elected to purchase a site in
a mobile home park to be converted pursuant to this subchapter.
(11) “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 all other improvements but not including
the land on which the site is located.
(12) “Site purchaser” means the purchaser of a site from a declarant under this subchapter.
A site purchaser may be a purchasing leaseholder or other purchaser of the site.
(13) “Tenant” means a person who has a present possessory interest derived from the leaseholder
in a site in a mobile home park to be converted pursuant to this subchapter; any person
who leases a mobile home located on the site from the declarant shall be considered
a tenant. (Added 1993, No. 97, § 1.)
§ 1352. Conversion of mobile home parks permitted
A mobile home park may not be converted except in accordance with this subchapter.
For the purpose of this subchapter, the provisions of subdivision 1302(1) of this title shall not be construed to prevent the conversion of a mobile home park. Any sale
of a mobile home park shall be governed by the provisions of 10 V.S.A. § 6242; the conversion of a mobile home park under this subchapter shall not be deemed to
be a sale. (Added 1993, No. 97, § 1.)
§ 1353. Notice of intent to convert a mobile home park
(a) A declarant shall give notice of intent to convert a mobile home park at least six
months prior to giving formal notice of conversion.
(b) The declarant shall provide notice of intent to convert a mobile home park to all
leaseholders and the commissioner of the department of housing and community affairs
by certified mail.
(c) The notice shall contain:
(1) the name and principal address of the declarant and of any other persons with an ownership
interest in the mobile home park, and a statement that the proposed form of ownership
is either a condominium or planned community;
(2) a general description of the mobile home park, including to the extent known, the
types, number, and the declarant’s schedule of commencement and completion of construction
of buildings, and amenities that the declarant anticipates including in the mobile
home park;
(3) the number of sites in the mobile home park;
(4) the price of each condominium site;
(5) a statement describing the present condition of the park including all water, sewer
and electrical systems, and history of the maintenance and repair of those systems
and the status of compliance with all environmental health and safety regulations
to the declarant’s best knowledge;
(6) the date by which leaseholders must vote to proceed with conversion of the mobile
home park. (Added 1993, No. 97, § 1.)
§ 1354. Election period
(a) The declarant shall provide leaseholders an election period of at least six months
from the date that notice of intent to convert a mobile home park is given, to allow
leaseholders to consider their options to either purchase their site, or to vote against
conversion.
(b) During the election period, the declarant, representatives of the leaseholders, members
of the department of housing and community affairs, and advocates of the leaseholders
shall have access to the mobile home park and the leaseholders to facilitate meetings
and informational sessions so that the leaseholders may evaluate their options prior
to voting on the proposed conversion.
(c) Leaseholders shall vote either to pursue a conversion or not to pursue a conversion
before the end of the election period. Each leaseholder shall have one vote per leasehold,
except that no leaseholder shall have more than 30 percent of the aggregate park vote.
The commissioner shall assist the leaseholders to hold an election using secret ballots.
(d) If leaseholders representing at least 70 percent of the leaseholds elect to pursue
a conversion, the declarant may proceed toward conversion by following the requirements
under sections 1355-1362 of this subchapter.
(e) If leaseholders representing less than 70 percent of the leaseholds elect to pursue
a conversion, a conversion shall not take place without providing additional notice
pursuant to section 1353 of this title. (Added 1993, No. 97, § 1.)
§ 1355. Notice of conversion
(a) A declarant shall give notice of an intended conversion by delivering the notice by
certified mail to all leaseholders and the commissioner of the department of housing
and community affairs, and by delivering the notice to all mobile homes located in
sites in the mobile home park. For purposes of this subchapter, the date of mailing
or the date of delivery, whichever is later, shall be considered the date of the notice
of conversion. An affidavit of the person delivering the notice to the mobile home
shall be adequate proof of the date of delivery.
(b) The declarant shall deliver the notice to any prospective purchasing leaseholder of
a mobile home or to any prospective leaseholder. The declarant shall deliver the notice
by certified mail to the town clerk of any town in which the mobile home park is located.
(c) The notice shall contain or fully and accurately disclose:
(1) the name and principal address of the declarant and of the proposed owners of the
mobile home park, and a statement that the proposed form of ownership is either a
condominium or planned community;
(2) a general description of the mobile home park, including to the extent known, the
types, number, and the declarant’s schedule of commencement and completion of construction
of buildings, and amenities that the declarant anticipates including in the mobile
home park;
(3) the number of sites in the mobile home park;
(4) the price of each condominium site, which may not exceed by more than 10 percent the
price stated in the notice of intent to convert;
(5) copies and a brief narrative description of the significant features of the declaration
(other than any surveys and plans) and any other recorded covenants, conditions, restrictions,
and reservations affecting the mobile home park; the bylaws, and any rules or regulations
of the association; copies of any contracts and leases to be signed by purchasing
leaseholders at closing, and a brief narrative description of any contracts or leases
that will or may be subject to cancellation by the association or managing entity;
(6) a recent appraisal of the mobile home park as a rental park and as converted;
(7) any current balance sheet and a projected budget for the association, either within
or as an exhibit to the notice, for one year after the date of the first conveyance
to a purchasing leaseholder, and thereafter the current budget of the association,
a statement of who prepared the budget, and a statement of the budget’s assumptions
concerning occupancy, inflation and factors relating to repair or upgrading of the
park. The budget shall include:
(A) a statement of the amount, or a statement that there is no amount, included in the
budget as a reserve for repairs and replacement;
(B) a statement of any other reserves;
(C) the projected common expense assessment by category of expenditures for the association;
and
(D) the projected monthly common expense assessment for each type of site;
(8) any services not reflected in the budget that the declarant provides, or expenses
that he or she pays, and that he or she expects may become at any subsequent time
a common expense of the association and the projected common expense assessment attributable
to each of those services or expenses for the association and for each type of site;
(9) any initial or special fee due from the purchasing leaseholder at closing, together
with a description of the purpose and method of calculating the fee;
(10) a description of any liens, defects, or encumbrances on or affecting the title to
the mobile home park;
(11) a description of any financing offered or arranged by the declarant;
(12) a statement of what actions the declarant agrees to perform if the declarant withdraws
an offer to sell a site during the conversion period before a leaseholder purchases
a site;
(13) the terms and significant limitations of any warranties provided by the declarant,
including statutory warranties and limitations on the enforcement thereof or on damages;
(14) a statement of any unsatisfied judgments or pending suits against the association,
and the status of any pending suits material to the mobile home park of which a declarant
has actual knowledge;
(15) any restraints on alienation of any portion of the mobile home park and any restrictions:
(A) on use, occupancy, and alienation of the sites; and
(B) on the amount for which a site may be sold or on the amount that may be received by
a site owner on sale, condemnation, or casualty loss to the site or to the mobile
home park;
(16) a description of any insurance coverage provided for the benefit of site owners;
(17) any current or expected fees or charges to be paid by site owners for the use of the
common elements and other facilities related to the common interest community;
(18) the extent to which financial arrangements have been provided for completion of all
improvements that the declarant is obligated to build;
(19) a brief narrative description of any zoning and other land use requirements affecting
the mobile home park, including, to the declarant’s knowledge, a statement of the
extent to which the mobile home park is in compliance with those requirements;
(20) a statement by the declarant, based on a report by an independent architect or engineer,
describing the present condition of all water, sewer, drainage and other structural
components and mechanical and electrical installations material to the use and enjoyment
of the mobile home park, including a description of the history of maintenance and
repair of those components;
(21) the expected useful life of each item;
(22) a list of any outstanding notices of uncured violation of the building code and of
any applicable municipal, state or federal regulations and the cost of curing those
violations;
(23) a description of any problems which may materially affect the habitability or use
of the mobile home park, and the estimated cost of curing those problems, to the declarant’s
knowledge;
(24) all unusual and material circumstances, features, and characteristics of the mobile
home park and the sites. The declarant shall promptly amend the notice to report any
material change in the information required by this section. (Added 1993, No. 97, § 1.)
§ 1356. Leaseholder conversion period
(a) Each leaseholder shall have a conversion period of six months from the date of notice
of conversion to elect to become either a purchasing or a nonpurchasing leaseholder.
(b) During the conversion period, the declarant shall offer to convey each site to the
leaseholder at the price, terms and conditions stated in the notice of conversion.
Unless the leaseholder provides written notice that the leaseholder will not purchase
the site, the declarant may not offer the site for sale to any other person within
the conversion period.
(c) A leaseholder may elect to become a purchasing leaseholder by negotiating a purchase
and sale agreement with the declarant within the conversion period. Such agreement
shall be on terms at least as favorable to the leaseholder as those stated in the
notice of conversion. A leaseholder may assign the purchase and sale agreement to
any site purchaser.
(d) Failure to elect under this section within the conversion period shall be deemed to
be an election to become a nonpurchasing leaseholder. (Added 1993, No. 97, § 1.)
§ 1357. Protection of purchasing leaseholders
(a) Express warranties of quality.
(1) Express warranties made by a declarant to a purchasing leaseholder of a site, if relied
upon by the purchasing leaseholder, are created as follows:
(A) Any affirmation of fact or promise that relates to the site, its use or rights appurtenant
to it, area improvements to the mobile home park that would directly benefit the site,
or the right to use or have the benefit of facilities not located in the mobile home
park, warranties conformity of the site and related rights and uses.
(B) Any model or description of the physical characteristics of the mobile home park,
including plans and specifications for improvement, warranties conformance of the
mobile home park to the model or description.
(C) Any description of the quantity or extent of the real estate comprising the mobile
home park, including plats or surveys, warranties conformity of the mobile home park
to the description, subject to customary tolerances.
(D) Any provisions that a purchasing leaseholder may put a site only to specified use
warranty the legality of the specific use.
(2) Neither the use of “warranty” or “guarantee,” nor a specific intention to make a warranty,
are necessary to create an express warranty of quality, but a statement purporting
to be merely an opinion or commendation of the real estate or its value does not create
a warranty.
(3) A conveyance of a site transfers to the purchasing leaseholder all express warranties
of quality made by previous declarants.
(b) Implied warranties of quality.
(1) A declarant and any dealer warrant that a site will be in at least as good condition
at the time of the conveyance or delivery of possession, whichever is earlier, as
it was at the time of contracting, reasonable wear and tear excepted.
(2) A declarant and any dealer impliedly warrant that a site and the common elements in
the mobile home park are suitable for the ordinary uses of real estate of its type
and that any improvements made or contracted for by him or her, or made by any person
before the creation of the mobile home park, will be:
(A) free from defective materials; and
(B) constructed in accordance with applicable law, according to sound engineering and
construction standards, and in a workerlike manner.
(3) In addition, a declarant and any dealer warrant to a purchasing leaseholder of a site
that may be used for residential use that an existing use, continuation of which is
contemplated by the parties, does not violate applicable law at the time of conveyance
or delivery of possession, whichever is earlier.
(4) Warranties imposed by this subsection may be excluded or modified as specified in
subsection (c) of this section.
(5) For purposes of this section, improvements made or contracted for by an affiliate
of the declarant are made or contracted for by the declarant.
(6) A conveyance of a site transfers to the purchasing leaseholder all the declarant’s
implied warranties of quality.
(c) Exclusion or modification of implied warranties of quality.
(1) Except as limited by subdivision (2) of this subsection, with respect to a purchasing
leaseholder of a site that may be used for residential use, implied warranties of
quality:
(A) may be excluded or modified by agreement of the parties; and
(B) are excluded by express disclaimer, such as “as is,” “with all faults,” or other language
that implies the exclusion of warranties.
(2) With respect to a purchasing leaseholder of a site that may be occupied for residential
use, no general disclaimer of implied warranties of quality is effective, but a declarant
and any dealer may disclaim liability in an instrument signed by the purchasing leaseholder
for a specified defect or specified failure to comply with applicable law, if the
defect or failure was part of the basis of the bargain.
(d) Statute of limitations for warranties.
(1) A judicial proceeding for breach of any obligation arising under subsection (a) or
(b) of this section shall be commenced within six years after the cause of action
accrues. In the case of a site that may be occupied for residential use, an agreement
to reduce the six-year period shall be evidenced by separate instrument executed by
the purchasing leaseholder.
(2) Subject to subdivision (3) of this subsection, a cause of action for breach of warranty
of quality, regardless of the purchasing leaseholder’s lack of knowledge of the breach,
accrues:
(A) as to a site, at the time the purchasing leaseholder to whom the warranty is first
made enters into possession if a possessory interest was conveyed or at the time of
acceptance of the instrument of conveyance if a nonpossessory interest was conveyed;
and
(B) as to each common element, at the time the common element is completed or, if later,
as to:
(i) a common element that may be added to the mobile home park or portion of it, at the
time the first site is conveyed to a bona fide purchasing leaseholder; or
(ii) a common element within any other portion of the common interest community, at the
time the first site is conveyed to a bona fide purchasing leaseholder.
(3) If a warranty of quality explicitly extends to future performance or duration of any
improvement or component of the mobile home park, the cause of action accrues at the
time the breach is discovered or at the end of the period for which the warranty explicitly
extends, whichever is earlier. (Added 1993, No. 97, § 1.)
§ 1358. Protection of nonpurchasing leaseholders
(a) A nonpurchasing leaseholder shall have the right to continue the leasehold interest
in the site on which the leaseholder’s mobile home is located.
(b) A declarant or site purchaser shall not accept an offer for a site without providing
the leaseholder the opportunity to purchase the site at the price, terms and conditions
stated in the offer. If the leaseholder accepts the offer, the declarant or site purchaser
shall sell the unit to the leaseholder; the leaseholder shall enter into a purchase
and sales agreement with the declarant at the same terms stated in the notice of offer
within 30 working days after the declarant’s notice to the leaseholder of the offer.
The declarant’s notice of offer shall be delivered by certified mail.
(c) If a nonpurchasing leaseholder elects to move from the mobile home park and gives
notice to the declarant during the conversion period, the declarant shall pay the
nonpurchasing leaseholder’s relocation costs as follows:
(1) The leaseholder shall make a good faith effort to move the mobile home, and shall
have the obligation to restore the site to the condition it was in prior to occupation
by the leaseholder, reasonable wear and tear excepted.
(2) Subject to the obligations stated in subdivision (1) of this subsection, the declarant
shall pay to a nonpurchasing leaseholder who removes a mobile home from the site the
actual documented reasonable costs of relocating the household in possession and the
mobile home, not to exceed $2,200.00.
(3) Subject to the obligations stated in subdivision (1) of this subsection, in the event
the nonpurchasing leaseholder vacates the site but does not move the mobile home from
the site, the declarant shall pay to the nonpurchasing leaseholder the actual documented
reasonable costs of relocating the household in possession, not to exceed $1,000.00,
provided that:
(A) the nonpurchasing leaseholder transfers title to the mobile home to the declarant;
(B) the nonpurchasing leaseholder transfers title to a third party who moves the mobile
home within 30 days after the date upon which the nonpurchasing leaseholder vacates
the mobile home;
(C) the nonpurchasing leaseholder transfers title to the mobile home to a purchasing leaseholder
of the site on which the mobile home is located.
(d) After the date of the notice of conversion, and unless otherwise modified by this
subchapter, the provisions of 10 V.S.A. chapter 153 shall apply to all leases within
the mobile home park. A leaseholder may not be required to vacate except for failure
to comply with the obligation imposed on the leaseholder by this subchapter, or for
the reasons specified in 10 V.S.A. § 6237(a), provided that the conversion of the mobile home park shall not constitute a change
in use or a termination of the park.
(e) Any rights granted leaseholders under this subchapter against the declarant shall
apply against any transferees of a site from the declarant. (Added 1993, No. 97, § 1; amended 2023, No. 6, § 368, eff. July 1, 2023.)
§ 1359. Protection of tenants
(a) Within 30 days after the notice of conversion, a leaseholder must notify any tenants
in possession of the leased site of the intended conversion. The notice shall be delivered
by certified mail to the tenant. The notice of conversion shall contain at least a
notice of the intended conversion, the nature of the leaseholder’s possessory interest
in the site, and a description of the tenant’s rights under subchapter 2 of this chapter.
(b) A tenant shall have the same rights against the leaseholder as are provided to tenants
of buildings against declarants under subchapter 2 of this chapter. (Added 1993, No. 97, § 1; amended 2023, No. 6, § 369, eff. July 1, 2023.)
§ 1360. Stabilization of lot rent
(a) As soon as a declarant gives notice of intent to convert as provided by section 1353
of this subchapter, the lot rents of all leaseholders in the park shall be reduced
to the level in effect three months prior to the notice of intent to convert.
(b) The lot rent charged for sites occupied by leaseholders shall not be increased during
the period beginning with the notice of intent to convert as provided by section 1353
of this subchapter and ending either when the condominium association takes control
of the common areas of the park, or at the expiration of the conversion period as
provided by section 1356 of this subchapter, whichever is later.
(c) Following the period designated in subsection (b) of this section, the annual lot
rent charged for sites occupied by nonpurchasing leaseholders may be increased by
no more than an amount that is equal to the amount of any annual increase in the fees
charged by the condominium association to its members. In no event may the lot rent
charged to nonpurchasing leaseholders be increased more frequently than as provided
for in 10 V.S.A. § 6236. (Added 1993, No. 97, § 1.)
§ 1361. Enforcement
(a) A rent increase greater than that provided for by section 1360 of this subchapter
is unenforceable to the extent the increase exceeds that provided for in that section.
(b) A declarant or site purchaser shall not commence eviction proceedings against a leaseholder
for nonpayment of the part of the lot rent which represents an increase in excess
of that provided for in section 1360 of this subchapter. (Added 1993, No. 97, § 1.)
§ 1362. Waiver prohibited
No lease or rental agreement, oral or written, shall contain any provision by which
the tenant or leaseholder prospectively waives any of his or her rights under this
subchapter. Any such waiver shall be deemed contrary to public policy and shall be
unenforceable and void. (Added 1993, No. 97, § 1.)
§ 1363. Circumvention of this subchapter
A declarant shall not attempt to circumvent the provisions of this subchapter; nor
shall any person willfully cause a tenant or leaseholder to vacate a dwelling unit
or to be evicted from the site without good cause before issuance of the notice prescribed
in section 1353 of this title. (Added 1993, No. 97, § 1.)
§ 1364. Protection against harassment
(a) No park owner or site owner may willfully cause, directly or indirectly, the interruption
or termination of any utility service being supplied to a resident, except for temporary
interruptions for emergency repairs.
(b) No park owner or site owner may directly or indirectly deny a resident access to and
possession of the resident’s rented or leased premises, except through proper judicial
process.
(c) No park owner or site owner may directly or indirectly deny a resident access to and
possession of the resident’s property, except through proper judicial process.
(d) Any resident who sustains damage or injury as a result of an illegal eviction may
bring an action for injunctive relief, damages, costs, and reasonable attorney’s fees.
(e) A court may award reasonable attorney’s fees to the park owner or site owner if, upon
motion and hearing, it is determined that the action was not brought in good faith
and was frivolous or intended for harassment only.
(f) A park owner or site owner may not retaliate by establishing or changing terms of
a rental agreement or by bringing or threatening to bring an action against a resident
who has not elected to become a purchasing leaseholder or who has organized or become
a member of a resident’s association or similar organization.
(g) If a park owner or site owner acts in violation of this section, the resident is entitled
to recover damages and reasonable attorney’s fees and has a defense in any retaliatory
action for possession. (Added 1993, No. 97, § 1.)
§ 1365. Violations
A violation of this subchapter is deemed to be a violation of 9 V.S.A. § 2453, and is subject to all rights, obligations, and penalties provided under 9 V.S.A.
chapter 63. (Added 1993, No. 97, § 1.)