The recognition of Condominium residing is on the rise. F. Notwithstanding another provision of this part, the declarant could unilaterally execute and document a corrective modification or complement to the condominium instruments to right a mathematical mistake, an inconsistency or a scrivener’s error, or clarify an ambiguity within the condominium devices with respect to an objectively verifiable reality (including without limitation recalculating the undivided curiosity within the common components, the liability for frequent bills or the number of votes within the unit homeowners’ association appertaining to a unit), inside five years after the recordation of the condominium instrument containing or creating such mistake, inconsistency, error or ambiguity.
If the court docket rules in favor of the unit homeowners’ association, it shall be entitled to collect such fees from the date the action was filed as well as all other charges assessed pursuant to this section against the unit proprietor previous to the action.
If the termination settlement requires that any property in the condominium be bought following termination, title to the property, upon termination, shall vest in the unit owners’ association as trustee for the holders of all curiosity within the models.
C. The quantity of any expenses so assessed shall not exceed $50 for a single offense, or $10 per diem for any offense of a continuing nature, and shall be treated as an evaluation towards such unit proprietor’s condominium unit for the aim of Â§ 55-seventy nine.eighty four Nonetheless, the full prices for any offense of a continuing nature shall not be assessed for a period exceeding ninety days.
If the unit homeowners of the units concerned have specified in their written application an affordable reallocation as between the items involved of the combination undivided curiosity within the frequent elements appertaining to those items, the amendment to the declaration shall replicate that reallocation.