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Session Laws, 1989
Volume 771, Page 1115   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                        Ch. 5

units to which at least 80 percent of the votes in the council of
unit owners are allocated, or any larger percentage the
declaration specifies. The declaration may specify a smaller
percentage only if all of the units in the condominium are
restricted exclusively to nonresidential uses.

(c)  The council of unit owners, on behalf of the unit
owners, may contract for the sale of the condominium, but the
contract is not binding on the unit owners until approved
pursuant to subsections (a) and (b) OF THIS SECTION. If the real
estate constituting the condominium is to be sold following
termination, title to that real estate, upon termination, vests
in the council of unit owners as trustee for the holders of all
interest in the units. Thereafter, the council of unit owners
has all powers necessary and appropriate to effect the sale.
Until the sale has been concluded and the proceeds thereof
distributed, the council of unit owners continues in existence
with all powers it had before termination. Proceeds of the sale
shall be distributed to unit owners and lien holders as their
interests may appear, in proportion to the respective interests
of unit owners as provided in subsection (f) OF THIS SECTION.
Unless otherwise specified in the termination agreement, as long
as the council of unit owners holds title to the real estate,
each unit owner and his successors in interest have an exclusive
right to occupancy of the portion of the real estate that
formerly constituted his unit. During the period of that
occupancy, each unit owner and his successors in interest remain
liable for all assessments and other obligations imposed on unit
owners by this title or the declaration.

(d)   If the real estate constituting the condominium is not
to be sold following termination, title to the real estate, upon
termination, vests in the unit owners as tenants in common in
proportion to their respective interests as provided in
subsection (f) OF THIS SECTION, and liens on the units shift
accordingly. While the tenancy in common exists, each unit owner
and his successors in. interest have an exclusive right to
occupancy of the portion of the real estate that formerly
constituted his unit.

(e)  Following termination of the condominium, and after
payment of or provision for the claims of the creditors of the
council of unit owners, the assets of the council of unit owners
shall be distributed to unit owners in proportion to their
respective interests as provided in subsection (f) OF THIS
SECTION. The proceeds of sale described in subsection (c) OF
THIS SECTION and held by the council of unit owners as trustee
are not assets of the council of unit owners.

(f)  The respective interests of unit owners referred to in
subsections (c), (d), and (e) OF THIS SECTION are as follows:

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Session Laws, 1989
Volume 771, Page 1115   View pdf image
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