§ 204 -   Preexisting common interest communities

§ 1-204. Preexisting common interest communities

(a) Unless excepted under section 1-203 of this title, all common interest communities existing in this state on the effective date of this law are subject to the following sections or subdivisions of this title: 1-103, 1-105, 1-106, 1-107, 2-103, 2-104, 2-121, 3-102(a)(1) through (6) and (11) through (16), 3-111, 3-116, 3-118, 4-109 and 4-117 to the extent necessary to construe the applicable sections. Those sections apply only with respect to events and circumstances occurring after the effective date of this law and do not invalidate existing provisions of the declaration, bylaws, plats or plans of those common interest communities.

(b) If a planned community created within this state before the effective date of this title contains no more than 24 units and is not subject to development rights, it is subject only to sections 1-105, 1-106 and 1-107 of this title unless the declaration is amended in conformity with applicable law and with the procedures and requirements of the declaration to take advantage of the provisions of section 1-206 of this title, in which case all the sections enumerated in subsection (a) of this section apply to that planned community. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)