Title 6. Property and Land - Chapter 604

Tribal code

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CONDOMINIUM ORDINANCE

Sakotinuhsane·h@ Olihw@·ke

the matters of where they rent

604.1.

604.2.

604.3.

604.4.

604.5.

604.6.

604.7.

604.8.

604.9.

604.10.

604.11.

604.12.

604.13.

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

General Application of this Law

Rules of Construction

Association of Unit Owners

Bylaws

Declaration

Establishment of a Condominium

Condominium Plat

Percentage Interests

Use of Common Elements

Common Expenses and Common Surpluses

604.14.

604.15.

604.16.

604.17.

604.18.

604.19.

604.20.

604.21.

604.22.

604.23.

604.24.

604.25.

604.26.

Insurance

Repair or Reconstruction

Eminent Domain

Books and Receipts and Expenditures

Separate Taxation

Mechanics’ and Materialmens’ Liens

Liability

Personal Application

Easements and Encroachments

Disclosure Requirements

Blanket Mortgages and Other Blanket Liens

Provisions Requiring Employment of Declarant

Appeals to Land Commission

604.1.

Purpose and Policy

604.1-1. Purpose. The purpose of this ordinance is to provide a condominium form of use and

ownership for multi-unit residential buildings and improvements located on tribal land.

604.1-2. Policy.

(a) The provisions of this ordinance shall extend to all Multi-Unit residential buildings

on tribal land within the exterior boundaries of the Reservation of the Oneida Tribe of

Indians of Wisconsin, and on such other lands as may be hereafter added, both within and

without the exterior boundaries of the Oneida Reservation, under any law of the United

States, except as otherwise provided by law.

(b) The sale of Tribal land is specifically prohibited under this ordinance.

Property Law.

604.2.

Adoption, Amendment, Repeal

604.2-1. This law is adopted by the Oneida Business Committee by Resolution # BC-7-30-97A and amended by resolution BC-02-25-15-C.

604.2-2. This law may be amended pursuant to procedures set out in the Oneida

Administrative Procedures Act, by the Oneida Business Committee or the Oneida General Tribal

Council.

604.2-3. Should a provision of this law or its application be held invalid, such invalidity shall

not affect other provisions which are considered to have legal force without the invalid portions.

604.2-4. This law is adopted under authority of the Constitution of the Oneida Tribe of Indians

of Wisconsin.

604.3.

Definitions

604.3-1. This section shall govern the definitions of words or phrases as used herein. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Allocated interests” means the undivided percentage interest and liability in the

common elements, and the number of votes at meetings of the association that belong to

each unit.

6. O.C. 604 – Page 1

(b) “Association” means all of the condominium’s unit owners acting as a group in

accordance with its bylaws, the declaration and this regulation.

(d) “Common expenses and common surpluses” mean the expenses and surpluses of the

association.

(e) “Condominium” means any residential property that the Tribe has classified as such.

Condominiums are multi-units residential facilities separately owned by two or more unit

owners.

(f) “Condominium instrument” mean the declaration, plats, and plans of a condominium

together with any attached exhibits or schedules.

(g) “Declarant” is the person who subjects his or her property to a condominium

declaration established under this law.

(h) “Declaration” means the instrument by which the property becomes subject to this

chapter.

(i) “Expandable condominium” means a condominium to which additional property or

units or both may be added in accordance with the provision of the association’s bylaws,

the declaration and this law.

(j) “Judiciary” means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to administer the judicial authorities and

responsibilities of the Tribe.

(k) “Limited common elements” mean those elements that are reserved for the exclusive

use of one or more but less than all the unit owners.

(1) “Mortgagee” means the holder of any recorded mortgage encumbering one or more

units or a land contract vendor.

(m) “Oneida agency” means the Tribal entity that acts as declarant for the purposes of

this law.

(n) “Overrule contract” is the contract between the Oneida Division of Land

Management and the unit owner concerning covenants and restrictions. This contract has

the power to overrule any provisions in the condominium declaration and the

condominium bylaws. The purpose of this contract is to allow the Tribe to manage its

housing policy, in the interest of Tribal members and the maintenance and creation of

good living conditions for the future.

(o) “Person” means an individual, corporation, partnership, association, trustee or other

legal entity.

(p) “Real Property” means unimproved land, land together with improvements on it or

improvements without underlying land. Property may consist of noncontiguous parcels

or improvements.

(q) “Small Condominium” means a condominium with two to four units.

(r) “Tribe” means the Oneida Tribe of Indians of Wisconsin, also called the Sovereign

Oneida Nation of Wisconsin.

(s) “Unit” means a part of a condominium intended for independent use, including one or

more cubicles of air at one or more levels of space or one or more floors in a building. A

unit may include two or more noncontiguous areas.

(t) “Unit owner” means a tribal member or surviving spouse who holds legal title to and

occupies a condominium unit.

604.4.

General Application of this Law

6. O.C. 604 – Page 2

604.4-1. This law shall apply to all properties and improvements that the Tribe has classified

as condominium as a result of their submission to the provisions of this law.

604.4-2. Status of Units. A unit together with its undivided interest in the common element,

for all purposes constitutes real property.

604.4-3. A unit owner is entitled to the exclusive ownership and possession of his or her unit.

604.4-4. Except as otherwise provided by this law, no unit owner may do any alterations

which would jeopardize the soundness or safety of the property, reduce the value thereof, or

impair any easement or hereditament.

604.4-5. If any unit owner fails to comply with this law, the declaration, bylaws or overrule

contract, the unit owner may be sued for damages caused by the failure or for injunctive relief, or

both, by the association or by any other unit owner.

604.5.

Rules of Construction

604.5-1. Certain rules of law not applicable. Neither the rule of law known as the rule against

perpetuities nor the rule of law known as the rule restricting unreasonable restraints on alienation

may be applied to defeat or invalidate any provision of this law or of any condominium

instruments, bylaws or other instrument made pursuant to this regulation.

604.5-2. Substantial conformity of condominium instruments and bylaws sufficient. The

provisions of any condominium instruments and bylaws filed under this law shall be liberally

construed to facilitate the creation and operation of the condominium. So long as the

condominium instruments and bylaws substantially conform with the requirements of this law,

no variance from the requirements shall affect the condominium status of the property in

question nor the title of any unit owner to his or her unit, votes and percentage interests in the

common elements and in common expenses and common surpluses.

604.5-3. Provisions of condominium instruments and bylaws severable. All provisions of

condominium instruments and bylaws are severable and the invalidity of one provision does not

affect the validity of any other provision.

604.5-4. Conflicts in provisions. If there is any conflict between any provisions of a

declaration and provisions of a condominium plat or any provisions of the bylaws, the provisions

of the declaration shall control. If there is any conflict between any provisions of any

condominium instruments and any provisions of any bylaws, the provisions of the condominium

instruments shall control. If there is any conflict between any provisions of any condominium

instruments or any provisions of any bylaws and any provisions of the overrule contract, the

overrule contract shall control. If there is any conflict between the abovementioned documents

and this law, the provisions of this law shall control.

604.5-5. Instruments construed together. Condominium instruments shall be construed

together and are determined to incorporate one another to the extent that any requirement of this

law applying to one instrument is satisfied if the deficiency can be corrected by reference to any

of the others.

604.6.

Association of Unit Owners

604.6-1. Legal Entity. The affairs of every condominium shall be governed by an association

which is a legal entity for all purposes.

604.6-2. Organization.

(a) Establishment. The Oneida Business Committee shall establish an association to

govern the condominium not later than the date of the first conveyance of a unit to a

purchaser. The association shall be organized as a profit or nonprofit corporation or as an

unincorporated association. After it is organized the association shall consist at all times

6. O.C. 604 – Page 3

exclusively of all the unit owners. Thirty days after the conveyance of 75% of the

common element interest to purchasers, the Division of Land Management or other

Oneida agency shall release itself from control over the condominium association.

(b) Meeting to elect directors. Once 50% of the units have been conveyed, the unit

owners and the Division of Land Management shall meet to elect the directors and

officers of the executive board of the association. The directors and officers shall take

office upon election.

pars. a. and b. shall be based on the percentage of undivided interest belonging to each

unit which has been conveyed assuming that all the units to be completed are included in

the condominium.

604.6-3. Power of the Association.

(a) Powers. An association has powers to:

(1) Adopt budgets for revenues, expenditures and reserves and levy and collect

assessments for common expenses from unit owners;

(2) Employ and dismiss employees and agents;

(3) Sue on behalf of all unit owners; and

(4) Exercise any other power conferred by the bylaws, the declaration and by the

overrule contract.

(5) Negotiate with the Division of Land Management or other Oneida agency for

the exemption from covenants and restrictions established in the overrule

contract.

(b) Conditional Powers. Subject to any restrictions and limitations specified by the

bylaws, the declaration and/or by the overrule contract, an association may:

(1) Make contracts and incur liabilities;

(2) Regulate and impose charges for the use of common elements;

(3) Cause additional improvements to be made as a part of the common elements;

(4) Acquire, hold, encumber and convey any right, title or interest in or to real

property;

(5) Receive any income derived from payments, fees or charges for the use,

rental or operation of the common elements; and

(6) Grant or withhold approval of any action by a unit owner or other person

which would change the exterior appearance of the unit or of any other portion of

the condominium.

604.6-4. Termination of Contracts and Leases. If entered into before the officers elected by

the unit owners under section six take office, any management contract, employment contract,

lease of recreational or parking areas or facilities, any contract or lease to which a declarant or

any person affiliated with the declarant is a party and any contract or lease which is not bona fide

or which was not commercially reasonable to unit owners when entered into under the

circumstances then prevailing, may be terminated by the association or its executive board at any

time without penalty upon not less than 90 days’ notice to the other party thereto. This section

does not apply to any lease the termination of which would terminate the condominium.

604.6-5. Roster of unit owners; Meetings of the Association.

(a) An association shall maintain a current roster of the names and addresses all the unit

owners to whom notice of meetings shall be sent.

(b) Every unit owner shall furnish the association with his or her name and current

mailing address. No unit owner will be able to vote at an association meeting until he or

she has furnished this information.

6. O.C. 604 – Page 4

owner’s address as shown on the roster, before a regular or special meeting of the

association may be held.

(d) Every unit owner is entitled to full participation at meetings of the association.

(e) Unless otherwise provided in this law and subject to the provisions in the laws, the

declaration and/or the overrule contract, decisions of an association shall be made by

consensus of the unit owners present.

604.6-6. Unit owner’s interest in Association’s property. A unit owner only has rights, title or

interest in any property owned by the association as a holder of a percentage interest in common

elements.

604.7.

Bylaws

604.7-1. Bylaws to govern administration. A condominium’s administration shall be governed

by bylaws. Every unit owner shall comply with the bylaws and the rules adopted under the

bylaws and the covenants, restrictions and conditions set forth in the overrule contract between

the Division of Land Management or other Oneida agency and the unit owners. Failure to

comply with any of the bylaws, rules, covenants, conditions or restrictions is grounds for action

to recover sums due, for damages and injunctive relief. Such action shall follow the judicial

procedures established in the Oneida Administrative Procedures Act, and may be brought by the

association, by the Division of Land Management, or other Oneida agency, or in a proper case,

by an aggrieved unit owner.

604.7-2. Required particulars. The bylaws shall express at least the following particulars:

(a) The form of administration, indicating whether the association shall be incorporated

or unincorporated, and whether, and to what extent, the duties of the association may be

delegated to a board of directors, manager, or otherwise, and specifying the powers,

manner of selection and removal of them.

(b) The mailing address of the association.

constitute a quorum at any meeting; who presides at the meetings of the association, who

keeps the minute book for recording the resolutions of the association and who counts

votes at meetings of the association.

(d) The election by the unit owners of a board of directors of whom not more than one is

a non-unit owner, the number of persons constituting the same and that the terms of at

least 1/3 of the directors shall expire annually, the powers and duties of the board, the

compensation, if any, of the directors and whether or not the board may engage the

services of a manager or managing agent.

(e) The manner of assessing against and collecting from unit owners their respective

shares of the common expenses.

(f) The manner of borrowing money and acquiring and conveying common property.

604.7-3. Prohibiting participation of certain unit owners. The bylaws may contain a provision

prohibiting any unit owner from participation at a meeting of the association if the association

has recorded a statement of condominium lien on the person's unit and the amount necessary to

release the lien has not been paid at the time of the meeting.

604.7-4. Amendment. The bylaws may be amended by consensus of all unit owners. Each

particular set forth in sec. 7-2 shall be expressed in the bylaws as amended.

604.7-5. Title to condominium units unaffected by bylaws. Title to a condominium unit is not

rendered unmarketable or otherwise affected by any provision of the bylaws or by reason of any

failure of the bylaws to comply with the provisions of this regulation.

6. O.C. 604 – Page 5

604.8.

Declaration

604.8-1. A declaration shall contain:

(a) A general description of the common elements together with a designation of those

portions of the common elements that are limited common elements and the unit to which

the use of each is restricted. Fixtures designed to serve a single unit, located contiguous

to the unit's boundaries, are deemed limited common elements belonging to that unit

exclusively and need not be described in the declaration.

(b) The percentage interest that belongs to each unit.

restricted as to use.

(d) The name of the person to receive service of process in the cases provided in this

law, together with the address of the person and the method by which the association may

designate a successor to the person.

(e) The name and address of the condominium and the name shall include the word

“condominium” or be followed by the words “a condominium.”

(f) A description of the land on which the condominium is, or is to be, located.

(g) A general description of each unit including its perimeters, location and any other

data sufficient to identify it with reasonable certainty.

604.8-2. The condominium declaration shall be submitted by the declarant to the Division of

Land Management. The Division of Land Management may require alterations made to the

declaration, in order for it to satisfy the Tribe's policy requirements. These policy requirements

are based on the protection of the long term interests of Tribal members.

604.8-3. A condominium declaration may be amended with the written consent of all the unit

owners. Such amendments shall not have the effect of canceling any of the covenants or

restrictions set forth in the overrule contract. All amendments to the declaration shall be

submitted for approval to the Division of Land Management.

604.8-4. Actions taken pursuant to this section may be contested in the manner described in

section twenty-six.

604.9.

Establishment of a Condominium.

604.9-1. A declarant shall record a condominium instrument with the Division of Land

Management.

604.9-2. All instruments affecting title to the units shall be recorded and assessed as in other

real property transactions at the Division of Land Management.

604.9-3. Within 60 days of submission of the declaration to the Division of Land Management,

the Division of Land Management will deliver a draft of the overrule contract to the declarant.

The declarant will have 60 days to propose changes to the overrule contract. The declarant may

withdraw its proposal to submit its property to this regulation if an agreement is not reached

within the time prescribed as to the provisions of the overrule contract, or may appeal in

accordance with 604.26.

604.9-4. Residential real property may only be converted to a condominium if the owner gives

120 days written notice prior to end of tenant's lease of the conversion of the building(s) to a

condominium. A tribal member who is a tenant has the exclusive option to purchase the

property for period of 60 days following the delivery of the notice.

604.10.

Condominium Plat

6. O.C. 604 – Page 6

604.10-1. A Condominium Plat is to be filed for record at the Oneida Register of Deeds. When

any condominium instruments are recorded, the declarant shall file for record a condominium

plat in a separate plat book maintained for condominium plats.

604.10-2. A condominium plat may consist of one or more sheets and shall contain at least the

following particulars:

(a) The name of the condominium and the original allotment number(s) in which the

property is located on each sheet of the plat. If there is more than one sheet, each sheet

shall be consecutively numbered and show the relation of that sheet number to the total

number of sheets.

(b) A survey of the property described in the declaration complying with the minimum

standards for property surveys outline in section 601.7-4 of the Real Property Law, and

showing the location of any unit or building located or to be located on the property.

which show the approximate dimensions, floor area and location of each unit in it.

Common elements shall be shown graphically to the extent feasible.

(d) All survey maps and floor plans submitted for filing shall be legibly prepared with a

binding margin of 1.5 inches on the left side and one-inch margin on all other sides on

durable white paper 14 inches in length and 22 inches in width with nonfading black

image or reproduced with photographic silver haloid image on double matte polyester

film of not less than 4 millimeter thickness and 14 inches long by 22 inches wide. The

maps and plans shall be drawn to a convenient scale.

(e) Designation of units. Every unit shall be designated on the condominium plat by the

unit number or other appropriate designation.

(f) Surveyor’s certificate. A condominium plat is sufficient for the purposes of this law

in there is attached to or included in it a certificate of a licensed land surveyor, certified to

practice that profession by the Tribe that the plat is a correct representation of the

condominium described and the identification and location of each unit and the common

elements can be determined from the plat. Provided that, until such time as regulations

are developed regarding the certification of licensed land surveyors, certification under

this section shall be verification of a valid state license, permit, or other approval of

qualifications.

604.10-3. A description in any instrument affecting title to any unit which makes reference to

the letter or number or other appropriate designation on the condominium plat together with a

reference to the condominium instruments shall be a good and sufficient description for all

purposes.

604.11.

Percentage Interests.

604.11-1. Undivided percentage interest in common elements. Every unit owner owns an

undivided percentage interest in the common elements equal to that set forth in the declaration.

Except as specifically provided in this regulation, all common elements shall remain undivided.

Except as provided in this regulation, no unit owner, nor any other person, may bring a suit for

partition of the common elements and any covenant or provision in any declaration, bylaws or

other instrument to the contrary is void.

604.11-2. Rights to common surpluses. Common surpluses shall be disbursed as provided

under 604.16.

604.11-3. Liability for common surpluses. Except for the specially assessed common expenses,

the amount of all common expenses shall be assessed as provided under 604.13.

6. O.C. 604 – Page 7

604.11-4. Change in percentage interest. The percentage interests shall have a permanent

character and, except as specifically provided by this law, may not be changed without the

written consent of all of the unit owners and their mortgagees. Any change shall be evidenced

by an amendment to the declaration and recorded among the appropriate land records. The

percentage interests may not be separated from the unit to which they belong. Any instrument,

matter, circumstance, action, occurrence or proceeding in any manner affecting a unit also shall

affect, in like manner, the percentage interests appurtenant to the unit.

604.11-5. Alterations within units:

(a) A unit owner may make any improvements or alterations within his or her unit that

do not impair the structural integrity or lessen the support of any portion of the

condominium. A unit owner may not change the exterior appearance of a unit or of any

other portion of the condominium without permission of the board of directors of the

association.

(b) Except to the extent prohibited by the condominium instruments, and subject to any

restrictions and limitations specified therein, a unit owner acquiring an adjoining or

adjoining part of an adjoining unit, may remove all or any part of any intervening

partition or create doorways or other apertures therein, even if the partition may in whole

or in part be a common element, if those acts do not impair the structural integrity or

lessen the support of any portion of the condominium. The creation of doorways or other

apertures is not deemed an alteration of boundaries.

604.11-6. Relocation of boundaries.

(a) If any condominium instruments expressly permit a relocation of boundaries between

adjoining units, those boundaries may be relocated in accordance with this section and

any restrictions and limitations which the condominium instruments may specify.

(b) If any unit owners of adjoining units whose mutual boundaries may be relocated

desire to relocate those boundaries, the principal officer of the unit owners association,

upon written application from those unit owners and after 30 days' written notice to all

other unit owners, shall prepare and execute appropriate instruments.

the boundaries between those units are being relocated by agreement of the unit owners

thereof. The amendment shall contain words of conveyance between those unit owners,

and when recorded shall also be indexed in the name of the grantor and grantee. If the

adjoining unit owners have specified in their written application the reallocation between

their units of the aggregate undivided interest in the common elements appertaining to

those units, the amendment to the declaration shall reflect that reallocation.

(e) Plats and plans showing the altered boundaries and the dimensions thereof between

adjoining units, and their identifying numbers or letters, shall be prepared. The plats and

plans shall be certified as to their accuracy in compliance with this subsection by a civil

engineer, architect or licensed land surveyor certified by the Tribe to practice his or her

profession. Provided that, until such time as regulations are developed regarding the

certification of civil engineers, architects, or licensed land surveyors, certification under

this section shall be verification of a valid state license, permit, or other approval of

qualifications.

(f) After appropriate instruments have been prepared and executed, they shall be

delivered promptly to the adjoining unit owners upon payment by them of all reasonable

charges for the preparation thereof. Those instruments are effective when the adjoining

unit owners have executed them and they are recorded in the name of the grantor and

6. O.C. 604 – Page 8

grantee. The recordation thereof is conclusive evidence that the relocation of boundaries

did not violate the condominium instruments.

604.12.

Use of Common Elements

604.12-1. The common elements may be used only for the purposes for which they were

intended and, except as provided in the condominium instruments, bylaws, or the overrule

contract the common elements are subject to mutual rights of support, access, use and enjoyment

by all unit owners. However, any portion of the common elements designated as limited

common elements may be used only by the unit owner of the unit to which their use is limited in

the condominium instruments and bylaws.

604.12-2. The declaration, bylaws or the overrule contract may allow any unit owner of a unit to

which the use of any limited common element is restricted to grant the use of the limited

common element to any other unit owner, subject to the rights of any existing mortgagor.

Thereafter, the grantor has no further right to use the limited common element.

604.13.

Common Expenses and Common Surpluses.

604.13-1. Disposition of common surpluses. All common surpluses of the association shall be

credited to the unit owners' assessments for common expenses in proportion to their percentage

interests in the common elements or as otherwise provided in the declaration or shall be used for

any other purpose as the association decides.

604.13-2. Funds for payment of common expenses obtained by assessments. Funds for the

payment of common expenses and for the creation of reserves for the payment of future common

expenses shall be obtained by assessments against the unit owners in proportion to their

percentage interests in the common elements or as otherwise provided in the declaration.

604.13-3. Liability for assessments. A unit owner shall be liable for all assessments, or

installments thereof, coming due while owning a unit. Liability for assessments may not be

avoided by waiver of the use or enjoyment of any common element or by abandonment of the

unit for which the assessments are made.

604.13-4. Condominium lien. All assessments, until paid, together with interest on them and

actual costs of collection, constitute a lien on the units on which they are assessed, if a statement

of lien is filed within 6 months after the date the assessment becomes due. The lien is effective

against a unit at the time the assessment become due regardless of when within the 6 month

period it is filed. A statement of condominium lien is filed in the Division of Land Management,

stating the description of the unit, the name of the record owner, the amount due and the period

for which the assessment was due. The clerk shall index the statement of condominium lien

under the name of the record owner in the condominium lien docket. The statement of

condominium lien shall be signed and verified by an officer or agent of the association as

specified in the bylaws and then may be filed. On full payment of the assessment for which the

lien is claimed, the unit owner shall be entitled to a recordable satisfaction of the lien.

604.13-5. Statement. Any grantee of a unit is entitled to a statement from the association setting

forth the amount of unpaid assessments against the grantor and the grantee is not liable for, nor

shall the unit conveyed be subject to a lien which is not filed under section 604.13-4 for, any

unpaid assessment against the grantor in excess of the amount set forth in the statement. If an

association does not provide such a statement within 10 business days after the grantee's request,

they are barred from claiming any lien which is not filed under section 604.13-4 prior to the

request for the statement against the grantee.

6. O.C. 604 – Page 9

604.13-6. Priority of lien. All sums assessed by an association but unpaid for the share of the

common expenses chargeable to any unit constitutes a lien on the unit and on the undivided

interest in the common elements belonging to it prior to all other liens except:

(a) Liens of general and special taxes.

(b) All sums unpaid on a first mortgage recorded prior to the making of the assessment.

604.13-7. Interest on unpaid assessment. Any assessment, or installment thereof, not paid when

due shall bear interest, at the option of the association, from the date when due until paid at a rate

not exceeding the highest rate permitted by law as stated in the bylaws.

604.13-8. Enforcement of lien. A lien may be enforced and foreclosed by an association or any

other person specified in the bylaws, in the same manner, and subject to the same requirements,

as a foreclosure of mortgages on real property at the Division of Land Management. An

association may recover costs and actual attorney fees. An association may, unless prohibited by

the declaration, bid on the unit at foreclosure sale and acquire, hold, lease, mortgage and convey

the unit. Suit to recover a money judgment for unpaid common expenses shall be maintainable

without foreclosing or waiving the lien securing the same. Suit for any deficiency following

foreclosure may be maintained in the same proceeding. No action may be brought to foreclose

the lien unless brought within 3 years following the recording of the statement of condominium

lien. No action may be brought to foreclose the lien except after 10 days' prior written notice to

the unit owner given by registered mail, return receipt requested, to the address of the unit owner

shown on the books of the association.

604.13-9. Form of statement of condominium lien. A statement of condominium lien is

sufficient for the purposes of this regulation if it contains the following information and is

substantially in the following form:

6. O.C. 604 – Page 10

Statement of Condominium Lien

This is to certify that ____________________, owner(s) of unit No.______ in ______________

Condominium (is) (are) indebted to the association in the amount of $_______ as of __________

____,19___ for (his)(her)(its)(their) proportionate share of common expenses of the

Condominium for the period from (date) to (date), plus interest thereon at the rate of _______%,

costs of collection, and actual attorney fees.

Association

By:_____________________________________________

Officer’s title (or agent)

Address: ________________________________________

Telephone: ______________________________________

604.14.

Insurance

604.14-1. An association shall obtain insurance for the property against loss or damage by fire

and such other hazards for not less than full replacement value of the property insured and a

liability policy covering all claims commonly insured against. Insurance coverage shall be

written on the property in the name of the association as trustee for each of the unit owners in the

percentages established in the declaration. Premiums shall be common expenses. Such

insurance shall not cover the contents of units, the improvements the unit owner has made, or

liabilities arising strictly within the individual units.

604.14-2. Insurance proceeds shall first be disbursed by the trustees for the repair or restoration

of the damaged common elements, and the unit owners and mortgagees shall not be entitled to

receive payment of any portion of the insurance proceeds unless the association has determined

not to rebuild, or the Land Commission has ordered partition of the condominium property, or

there is a surplus of insurance proceeds after the common elements have been completely

repaired or restored.

604.14-3. Provisions for the insurance described in section 604.14-1 and section 604.14-2 shall

be made without prejudice to the right of each unit owner to obtain insurance for his or her own

unit, for its contents, the improvements the unit owner has made, and liabilities that the unit

owner wishes to be insured against.

604.15.

Repair or Reconstruction.

604.15-1. A declaration shall provide for the repair or reconstruction of the common elements

in the event of damage to all or part of the common elements of the condominium.

604.15-2.

(a) Unless otherwise provided in the declaration, in the event of damage to or destruction

of common elements of a condominium, the association shall promptly undertake to

repair or reconstruct it to a condition compatible with the remainder of the condominium.

All cost of the repair or reconstruction in excess of available insurance proceeds shall be

a common expense.

(b) However, if a condominium is damaged to an extent more than the available

insurance proceeds, the condominium shall be subject to an action for partition upon

obtaining the written consent of all the unit owners. In the case of partition, the net

proceeds of sale together with any net proceeds of insurance shall be considered as one

fund and shall be divided among all unit owners in proportion to their percentage

6. O.C. 604 – Page 11

interests in the common elements, and shall be distributed in accordance with the priority

of interests in each unit.

604.16.

Eminent Domain

604.16-1. Definition. In this section, “taking under the power of eminent domain” includes any

sale in settlement of any pending or threatened condemnation proceeding.

604.16-2. Allocation of award; provisions in declaration or bylaws. A declaration or bylaws

may provide for an allocation of any award for a taking under the power of eminent domain of

all or part of the condominium. A declaration or bylaws also may provide for:

(a) Reapportionment or other change of the percentage interests appurtenant to each unit

remaining after any taking; and

(b) Rebuilding, relocation or restoration of any improvements so taken in whole or in

part.

604.16-3. Allocation of award, in absence of provisions in declaration or bylaws. Unless

otherwise provided for in a declaration, bylaws or overrule contract, any damages for a taking of

all or part of a condominium shall be awarded as follows:

(a) Every unit owner is entitled to the entire award for the taking of all or part of their

respective unit and for consequential damages to their unit.

(b) Any award for the taking of limited common elements shall be allocated to the unit

owners of the units to which the use of those limited common elements is restricted in

proportion to their respective percentage interests in the common elements.

elements shall be allocated to all unit owners in proportion to their respective percentage

interests in the common elements.

604.16-4. Reconstruction following taking. Following the taking of all or a part of the common

elements, an association shall promptly undertake to restore the improvements of the common

elements to an architectural whole compatible with the existing structure. Any costs of such

restoration in excess of the condemnation award shall be a common expense. However, if the

taking under the power of eminent domain is to the extent where the remaining condominium

portion has been diminished to the extent that reconstruction or restoration is not practical, a

condominium shall be subject to an action for partition upon obtaining the written consent of all

the unit owners. In the case of partition, the net proceeds of sale, together with any net proceeds

of the award for taking, shall be considered as one fund and shall be divided among all unit

owners in proportion to their percentage interest in the common elements and shall be distributed

in accordance with the priority of interests in each unit.

604.16-5. Adjustment of percentage interests following taking. Following the taking of all or a

part of any unit, the percentage interests appurtenant to the unit shall be adjusted in proportion as

provided in the condominium instruments or bylaws. The association promptly shall prepare and

record an amendment to the declaration reflecting the new percentage interests appurtenant to the

unit.

604.16-6. Priority in distribution of damages for each unit. All damages for each unit shall be

distributed in accordance with the priority of interests at law or in equity in each respective unit.

604.16-7. Preservation of the right of appeal. The owner of each unit taken shall have the

individual right of appeal of the necessity of taking and of the condemnation award made for the

taking. An association shall have the right of appeal of the necessity of taking of the common

elements and the right of appeal of the condemnation award made for the taking of the common

elements. An appeal by an association shall be binding upon the individual unit owners for the

necessity of taking or the condemnation award made for the taking of the common elements.

6. O.C. 604 – Page 12

The unit owners having an interest in the ownership of limited common elements may

individually or as a group appeal the necessity of taking or the condemnation award made for the

taking of the limited common elements.

604.17.

Books and Receipts and Expenditures.

604.17-1. Record keeping; availability for examination. An association shall keep detailed,

accurate records using standard bookkeeping procedures of the receipts and expenditures

affecting the common elements, specifying and itemizing the maintenance and repair expenses of

the common elements and any other expenses incurred. The records and the vouchers

authorizing the payments shall be available for examination by the unit owners at convenient

hours.

604.17-2. Disclosure information. Within 10 days after a request by a seller other than the

declarant, an association shall furnish the information necessary to the seller to comply with

section twenty-three The seller shall pay the association the actual costs of furnishing the

information.

604.18.

Separate Taxation.

604.18-1. Every unit and its percentage of undivided interest in the common elements shall be

deemed to be a parcel and shall be subject to separate assessments and taxation by the Tribe for

all types of taxes authorized by law including, but not limited to, special levies based on the

value of property and special assessments. Neither the building, the property nor any of the

common elements shall be deemed to be a parcel separate from the unit.

604.18-2. The rights, duties and obligations of unit owners under this regulation shall inure to

and be binding upon grantees under tax deeds and persons acquiring title by foreclosure of tax

liens and their successors in interest.

604.19.

Mechanics’ and Materialmens’ Liens.

604.19-1. Subsequent to recording a declaration under this law and while the property remains

subject to this regulation, any and all liens will exist only against individual units and the

percentage of undivided interest in the common elements appurtenant to such unit, 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.

604.19-2. Any mechanics’ lien or materialmen’s lien arising as a result of repairs to or

improvements of a unit by a unit owner shall be a lien only against the unit.

604.19-3. Any mechanics’ or materialmen’s lien arising as a result of repairs to or

improvements of the common elements, if authorized in writing by the association, shall be paid

by the association as a common expense and until paid shall be a lien against each unit in

proportion to its percentage interest in the common elements. On payment of the proportionate

amount by any unit owner to the lien the unit owner shall be entitled to a release of his or her

unit from the lien and the association shall not be entitled to assess his or her unit for payment of

the remaining amount due for the repairs or improvements.

604.20.

Liability

604.20-1. An action for tort alleging a wrong done by any agent or employee of a declarant or

of an association, or in connection with the condition of any portion of a condominium which a

declarant or an association has the responsibility to maintain, shall be brought against the

declarant or the association, as the case may be. No unit owner shall be precluded from bringing

6. O.C. 604 – Page 13

such an action by virtue of its ownership of an undivided interest in the common elements or by

reason of its membership in the association or its status as an officer.

604.20-2. A judgment for money against an association shall be a lien against any property

owned by the association, and against each of the condominium units in proportion to the

liability of each unit owner for common expenses as established under the declaration in an

amount not exceeding the market value of the unit, but not against any other property of any unit

owner.

604.20-3. All actions arising from this section shall follow the procedures described in section

twenty-six.

604.21.

Personal Application

604.21-1. All unit owners, tenants of the owners, employees of owners and tenants or any other

persons that in any manner use property or any part thereof subject to this law shall be subject to

this law, the overrule contract, and to the declaration and bylaws of the association adopted

under this regulation.

604.21-2. All agreements, decisions and determinations lawfully made by an association shall

be deemed to be binding upon all unit owners.

604.22.

Easements and Encroachments

604.22-1. Presumption as to existing physical boundaries. Any existing physical boundaries of

any unit or common elements constructed or reconstructed in substantial conformity with the

condominium plat shall be conclusively presumed to be its boundaries, regardless of the shifting,

settlement or lateral movement of any building and regardless of minor variations between the

physical boundaries as described in the declaration or shown on the condominium plat and the

existing physical boundaries of any such unit or common element. This presumption applies

only to encroachments within the condominium.

604.22-2. Encroachment as result of authorized construction, reconstruction or repair. If any

portion of any common element encroaches on any unit or if any portion of a unit encroaches on

any common element, as a result of the duly authorized construction, reconstruction or repair of

a building, a valid easement for the encroachment and for the maintenance of the same shall exist

so long as the building stands.

604.22-3. Easements included in grant of unit. A grant or other disposition of a condominium

unit shall include and grant and be subject to any easement arising under the provisions of this

section without specific or particular reference to the easement.

604.22-4. Association’s right of entry to make repairs. An association shall have an irrevocable

right and an easement to enter units to make repairs to common elements when the repairs

reasonably appear necessary for public safety or to prevent damage to other portions of the

condominium. Except in cases involving manifest danger to public safety or property, an

association shall make a reasonable effort to give notice to the owner of any unit to be entered

for the purpose of such repairs. No entry by an association for the purposes specified in this

section may be considered a trespass.

604.22-5. Easements through the common elements of a condominium shall be requested at the

Division of Land Management. The Division of Land Management shall notify the unit owners

of the request for an easement; and they shall have 15 days from delivery of the notification in

which to present their views and opinions as regards the request.

604.23.

Disclosure Requirements

6. O.C. 604 – Page 14

604.23-1. Material to be furnished by seller to purchaser before closing. Not later than 15 days

prior to the closing of the sale of a unit to a purchaser, the seller shall furnish to the purchaser the

following:

(a) A copy of the proposed or existing declaration, bylaws and any rules or regulations,

together with an index of the contents.

(b) A copy of the proposed or existing articles of incorporation of the association, if it is

or is to be incorporated.

other contract affecting the use, maintenance or access of all or part of the condominium

to which it is anticipated the unit owners or the association will be a party following

closing.

(d) A copy of the projected annual operating budget for the condominium including

reasonable details concerning the estimated monthly payments by the purchaser for

assessments, and monthly charges for the use, rental or lease of any facilities not part of

the condominium.

(e) A copy of any lease to which it is anticipated the unit owners or the association will

be a party following closing.

(f) A plat map of any contemplated expansion of the condominium with a narrative of

each stage of expansion and the maximum number of units that can be added to the

condominium.

(g) A copy of the floor plan of the unit together with the information that is necessary to

show the location of the common elements and other facilities to be used by the unit

owners and indicating which facilities will be part of the condominium and which

facilities will be owned by others.

(h) A copy of the overrule contract.

604.23-2. Change in material following delivery to purchaser. Any material furnished under

sec. 23-1 may not be changed or amended following delivery to a purchaser, if the change or

amendment would affect materially the rights of the purchaser, without first obtaining approval

of the purchaser. A copy of amendments shall be delivered promptly to the purchaser.

604.23-3. Purchaser’s right to rescind contract for sale. Any purchaser may at any time within

5 business days following receipt of all information required under section 604.23-1 and within 5

business days following receipt of all information required under section 604.23-2, rescind in

writing a contract of sale without stating any reason and without any liability on his or her part,

and the purchaser is entitled to the return of any deposits made in account of the contract.

604.23-4. Untrue statement or omission of material fact. Any seller who in disclosing

information required under section 604.23-1 makes any untrue statement of material fact or

omits to state a material fact necessary in order to make statements made not misleading shall be

liable to any person purchasing a unit from him or her. However, no action may be maintained

to enforce any liability created under this section unless brought within 6 months after facts

constituting a cause of action are or should have been discovered.

604.23-5. Waiver of purchaser’s right. Rights of purchasers under this section may not be

waived in the contract of sale and any attempt to waiver is void. However, if the purchaser

proceeds to closing, the purchaser’s right under this section to rescind is terminated.

604.24.

Blanket Mortgages and Other Blanket Liens

604.24-1. As a condition to the first transfer of title to each unit:

6. O.C. 604 – Page 15

(a) Every mortgage and other lien affecting such unit, including the undivided interest in

the common areas and facilities appurtenant to such unit, shall be paid and satisfied of

record;

(b) A unit being transferred and an undivided interest in the common areas and facilities

belonging to it shall be released by partial release duly recorded; or

the unit and the undivided interest in the common areas and facilities that belong to it

from the lien of a mortgage or other lien upon the payment of a sum certain.

604.25.

Provisions Requiring Employment of Declarant

604.25-1. Any provision of a declaration or other instrument made pursuant to this law, except

for the overrule contract, which requires the owner of a unit to engage or employ the declarant or

any subsidiary or affiliate of the declarant for the purpose of effecting a sale or lease of any unit

is void. Any provision of any contract for a sale of any unit which requires a purchaser to

engage or employ the vendor or any subsidiary or affiliate of the vendor for the purpose of

effecting a sale or lease of any unit is void.

604.26.

Appeals to Land Commission

604.26-1. All complaints arising from this law, the overrule contract, the condominium

instruments, the bylaws or decisions of a condominium association or its board of directors will

be presented in writing to the Division of Land Management office immediately after the party's

discovery of the circumstances or decisions that created the grievance.

604.26-2. The Division of Land Management director shall attempt to mediate the grievance

and shall respond to the aggrieved and all other interested parties within 30 days of receipt of the

written complaint with the resolution of the grievance, if any.

604.26-3. The decisions and actions taken by the Division of Land Management staff may be

taken to the Land Commission or a sub-committee created by it for the purpose of a hearing on

such grievances or to the Judiciary.

604.26-4. All appeals beyond those in section 604.26-1 and 604.26-2 shall follow the

procedural form described in the Administrative Procedures Act.

End.

Adopted BC-7-30-97-A

Amended- BC-02-25-15-C

6. O.C. 604 – Page 16

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.