Section 448.4-109

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 448

Effective - 28 Aug 1983   

  448.4-109.  Resales of units. — 1.  Except in the case of a sale where delivery of an original sale certificate is required, or unless exempt under subsection 2 of section 448.4-101, a unit owner shall furnish to a purchaser before execution of any contract for sale of a unit, or otherwise before conveyance, a resale certificate containing:  a copy of the declaration, other than the plats and plans; the bylaws; and the rules or regulations of the association.  Such resale certificate shall disclose:

  (1)  The effect on the proposed disposition of any right of first refusal or other restraint on the free alienability of the unit;

  (2)  The amount of the monthly common expense assessment and any unpaid common expense or special assessment currently due and payable from the selling unit owner;

  (3)  Any other fees payable by unit owners;

  (4)  Any capital expenditures anticipated by the association for the current and two next succeeding fiscal years;

  (5)  The amount of any reserves for capital expenditures and of any portions of those reserves designated by the association for any specified projects;

  (6)  The most recent regularly prepared balance sheet and income and expense statement, if any, of the association;

  (7)  The current operating budget of the association;

  (8)  A statement of any unsatisfied judgments against the association and the status of any pending suits in which the association is a defendant;

  (9)  A statement describing any insurance coverage provided for the benefit of unit owners;

  (10)  A statement as to whether the executive board has knowledge that any alterations or improvements to the unit or to the limited common elements assigned thereto violate any provision of the declaration; and

  (11)  A statement of the remaining term of any leasehold estate affecting the condominium and the provisions governing any extension or renewal thereof.

  2.  The association, within ten days after a request by a unit owner, shall furnish a certificate containing the information necessary to enable the unit owner to comply with this section.  A unit owner providing a certificate pursuant to subsection 1 of this section is not liable to the purchaser for any erroneous information provided by the association and included in the certificate.

  3.  A purchaser is not liable for any unpaid assessment or fee greater than the amount set forth in the certificate prepared by the association.  A unit owner is not liable to a purchaser for the failure or delay of the association to provide the certificate in a timely manner, but the purchase contract is voidable by the purchaser until the certificate has been provided and for five days thereafter or until conveyance, whichever first occurs.

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(L. 1983 H.B. 177)