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Terms Used In Vermont Statutes Title 27 Sec. 1311

  • Apartment: means a part of the property intended for any type of independent use, including commercial uses. See
  • 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. See
  • 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. See
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • 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. See
  • Mobile home park: has the meaning given in 10 V. See
  • Person: means an individual, corporation, partnership, association, trustee, or other legal entity. See
  • 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. See
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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. See

§ 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 which 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.)