55-79.67 - Declarant's obligation to complete and restore.
§ 55-79.67. Declarant's obligation to complete and restore.
(a) No covenants, restrictions, limitations, or other representations orcommitments in the condominium instruments with regard to anything that is oris not to be done on the additional land, the withdrawable land, or anyportion of either, shall be binding as to any portion of either lawfullywithdrawn from the condominium or never added thereto except to the extentthat the condominium instruments so provide. But in the case of any covenant,restriction, limitation, or other representation or commitment in thecondominium instruments or in any other agreement requiring the declarant toadd all or any portion of the additional land or to withdraw any portion ofthe withdrawable land, or imposing any obligations with regard to anythingthat is or is not to be done thereon or with regard thereto, or imposing anyobligations with regard to anything that is or is not to be done on or withregard to the condominium or any portion thereof, this subsection shall notbe construed to nullify, limit, or otherwise affect any such obligation.
(a1) The declarant shall complete all improvements labeled "(NOT YETCOMPLETED)" on plats recorded pursuant to the requirements of this chapterunless the condominium instruments expressly exempt the declarant from suchobligation, and shall, in the case of every improvement labeled "(NOT YETBEGUN)" on such plats, state in the declaration either the extent of theobligation to complete the same or that there is no such obligation.
(b) To the extent that damage is inflicted on any part of the condominium byany person or persons utilizing the easements reserved by the condominiuminstruments or created by §§ 55-79.65 and 55-79.66, the declarant togetherwith the person or persons causing the same shall be jointly and severallyliable for the prompt repair thereof and for the restoration of the same to acondition compatible with the remainder of the condominium.
(1974, c. 416; 1975, c. 415.)