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BonnieG1 (Nebraska)
Posts: 1,186
Posted:
I have been studying the Uniform Condominium Act (129 pages and I have only read 10 pages so far)
I must be missing something because the information I have does not give the date this Act passed.
I am not certain if it passed in 1982 or 1968.
Does anyone on this site know when this Act was passed?
RichardP13 (California)
Posts: 1,767
Posted:
May 1983
GlenL (Ohio)
Posts: 5,491
Posted:
Bonnie although the UCA was designed to be a boilerplate for all states to adopt, I believe that even the states that did adopt it (Alabama, Arizona, Kentucky, Maine, Minnesota, Missouri, Nebraska, New Mexico, Pennsylvania, Rhode Island, Texas, Virginia, Washington, West Virginia) picked and chose what they wanted. So unless you want a little lite reading, just for the heck of it, you would be better off studying Nebraska's Condo Act. http://www.condo.com/StateLawDownloads/Nebraska.pdf

For others wanting to read the UCA: http://www.uniformlaws.org/shared/docs/condominium/uca_80.pdf

Studies show that 5 out of 4 people have problems with fractions
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Thank you for the reply.
Glen, I have already read the Nebraska Condo Act more than once and have referred to it frequently.
We have just begun to update our documents. We were established in February of 1981 and our documents are in dire need of updating. Of course our lawyer will be involved in this.
But I am thinking (when the time comes) that we can have the members vote to dissolve the old Condominium Property Regime and enact a New Condominium Property regime.

Any others here have any experience with updating documents? I know this will be a long expensive process and I may not even be President when everything is said and done.
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By BonnieG1 on 08/03/2014 7:02 AM
But I am thinking (when the time comes) that we can have the members vote to dissolve the old Condominium Property Regime and enact a New Condominium Property regime.

Just out of curiosity why would you want to do this? I'm not an attorney but I can think of no good reason to do this and in your case, possibly some negative ones. If you succeed in this, what happens the the agreement currently in place with the assisted living facility you share the property and building(?) with? Most communities find it hard enough to get the numbers to simply amend the Covenants but you want them to first dissolve the current COA which often takes between 95 & 100% voting affirmatively (check your CC&R's) and then have 100% (which in my non-attorney opinion it would take) to vote to be bound by new covenants. Not to mention it would possibly void every mortgage currently in place because you have drastically changed the terms and conditions the mortgage was written under.

Studies show that 5 out of 4 people have problems with fractions
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By GlenL on 08/03/2014 4:49 PM
Posted By BonnieG1 on 08/03/2014 7:02 AM
But I am thinking (when the time comes) that we can have the members vote to dissolve the old Condominium Property Regime and enact a New Condominium Property regime.


Just out of curiosity why would you want to do this? I'm not an attorney but I can think of no good reason to do this and in your case, possibly some negative ones. If you succeed in this, what happens the the agreement currently in place with the assisted living facility you share the property and building(?) with? Most communities find it hard enough to get the numbers to simply amend the Covenants but you want them to first dissolve the current COA which often takes between 95 & 100% voting affirmatively (check your CC&R's) and then have 100% (which in my non-attorney opinion it would take) to vote to be bound by new covenants. Not to mention it would possibly void every mortgage currently in place because you have drastically changed the terms and conditions the mortgage was written under.

First we need to update our documents. Some of the items in the current documents have become outdated. I don't want to go into a lengthy detail on this forum. I don't think there is any owner that does not want to update our documents.
Second we do not share property and building with an assisted living facility. The building next to us is a nursing home. We are two entirely separate entities. We have our own Platt map and I assume the nursing home should have their own Platt Map. There is a tunnel connecting the two buildings, but the nursing home has closed the tunnel to us. (another long story) We can open it, but it will be expensive.
Currently we have a verbal agreement to allow nursing home employees to park on our property and our resident/owners to park on the nursing home's property. This is on a first come first serve basis. Once the parking lot has been repaved this agreement will probably change (due to the nursing home threatening to have some of our vehicles towed. (another long story I would rather not get into on this forum)

The nursing home is doing an extension remodeling job and their trash bins and construction trailer have taken away many parking spots.

EllieD (Vermont)
Posts: 446
Posted:
Bonnie,

I do not work in the legal profession, but I assume that you want to be able to take advantage of the new provisions in the latest Nebraska Condominium Act. I believe that the way you would do this, is by “AMENDING and RESTATING your Declaration of Condominium”, which you have to do by following the requirements to amend in your existing Declaration.

For reference:

https://dspace.creighton.edu/xmlui/bitstream/handle/10504/39485/24_17CreightonLRev377(1983-1984).pdf?sequence=1

from page 385, and footnote 55 NEB. REV. STAT. Sec 76-826(b), it states that "owners of existing condominiums will be able to amend their condominium documents to take advantage of the new Act’s provisions."

The above sentence is extracted from the below paragraph:

“First, certain provisions of the Nebraska Act apply prospectively to "old" condominium declarations and bylaws which were valid under the prior law.52 Second, however, all sections of the prior law not specifically displaced will remain applicable to condominiums created before the effective date of the new law.53 Therefore, existing master deeds and bylaws will not be invalidated.54 Third, owners of existing condominiums will be able to amend their condominium documents to take advantage of the new Act's provisions. 55 They must, however, follow the amendment procedure of the prior law and their existing master deed and bylaws, 56 and the substance of the amendment must not violate the new Act.57”
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Ellie,
thanks, I will have to study this some more later. It is 10:00 P.M. here and I want to do a few other things before I go to bed.
I am so thankful for most of the people on this site because of the helpful information I get.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Ellie,
I have just read the text, but have not studied all the footnotes. So it appears (as someone, maybe you) mentioned in this post that NE did not adopt all of the provisions of the Uniform Condominium Act.

Most of what was in the text I had previously studied either in a book from the library or just studying the NE statues. I still have a lot of studying to do. There is so much to learn.

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