55-79.80 - Control of common elements.
§ 55-79.80. Control of common elements.
A. Except to the extent prohibited by the condominium instruments, andsubject to any restrictions and limitations specified therein, the unitowners' association shall have the power to:
1. Employ, dismiss, and replace agents and employees to exercise anddischarge the powers and responsibilities of the said association arisingunder § 55-79.79.
2. Make or cause to be made additional improvements on and as a part of thecommon elements.
3. Grant or withhold approval of any action by one or more unit owners orother persons entitled to the occupancy of any unit which would change theexterior appearance of any unit or of any other portion of the condominium,or elect or provide for the appointment of an architectural controlcommittee, the members of which must have the same qualifications asofficers, to grant or withhold such approval.
4. Acquire, hold, convey, and encumber title to real property, including butnot limited to condominium units, whether or not the association isincorporated.
B. Except to the extent prohibited by the condominium instruments, andsubject to any restrictions and limitations specified therein, the executiveorgan of the unit owners' association, if any, and if not, then the unitowners' association itself, shall have the irrevocable power asattorney-in-fact on behalf of all the unit owners and their successors intitle with respect to the common elements, including without limitation theright, in the name of the unit owners' association, (i) to grant easementsthrough the common elements and accept easements benefiting the condominiumor any portion thereof, (ii) to assert, through litigation or otherwise,defend against, compromise, adjust, and settle any claims or actions relatedto common elements, other than claims against or actions involving thedeclarant during any period of declarant control reserved pursuant tosubsection A of § 55-79.74, and (iii) to apply for any governmental approvalsunder state and local law.
C. This section shall not be construed to prohibit the grant, by thecondominium instruments, of other powers and responsibilities to the unitowners' association or its executive organ.
(1974, c. 416; 1975, c. 415; 1981, c. 146; 1982, c. 195; 1991, c. 497; 1993,c. 667; 1996, c. 977.)