Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.
(a)(1) This chapter applies to all condominiums created within this
state after July 1, 1982, except that any condominium created within
this state prior to July 1, 1982, may voluntarily accept the provisions
of this chapter in lieu of the provisions under which it was originally
organized. Acceptance shall be evidenced by an agreement in writing
executed by and in behalf of the condominium association and by all of
the owners of all of the individual condominium units within the
condominium, in which agreement it is clearly stated that they all
accept the provisions of this chapter in lieu of those in the statute
under which the condominium was organized and wish to be governed in the
future by the provisions of this chapter. The agreement shall be
recorded in the land evidence records of each and every town or city
where all or any part of the land in the condominium concerned may be
located and shall become effective when first so recorded. The
acceptance shall only apply to the governance of the condominium
concerned as to all matters which are prospective or executory in
nature; and nothing herein shall be deemed to abrogate, amend, limit,
effect, or impair the continued effectiveness, legality, or validity of
all actions lawfully taken by or in behalf of the condominium prior to
the effective date of the acceptance, including, but without limitation,
the condominium declaration and all amendments thereto, the by-laws of
the condominium and/or of its association, all deeds, mortgages, leases,
and any further documents affecting the titles or rights of unit owners,
or of the condominium or the prior lawful acts or deeds of any kind, of
the condominium association, its officers, directors, or members.
(2) Sections 34-36.1-1.05 (separate titles and taxation), 34-36.1-1.06
(applicability of local ordinances, regulations, and building codes),
34-36.1-1.07 (eminent domain), 34-36.1-2.03 (construction and validity
of declaration and bylaws), 34-36.1-2.04 (description of units),
34-36.1-2.19(b) (mortgage approval), 34-36.1-3.02(a)(1) — (6) and (11) —
(17) (powers of unit owners’ association), 34-36.1-3.06(c) — (d)
(bylaws), 34-36.1-3.08 (meetings and notice), 34-36.1-3.11 (tort and
contract liability), 34-36.1-3.13(d) and (k) (unit owner responsibility
for master policy deductibles), 34-36.1-3.16 (lien for assessments),
34-36.1-3.18 (association records), 34-36.1-4.09 (resale of units), and
34-36.1-4.17 (effect of violation on rights of action; attorney’s fees),
§ 34-36.1-3.20 (enforcement of declaration, bylaws and rules), and
34-36.1-1.03 (definitions), to the extent necessary in construing any of
those sections, apply to all condominiums created in this state before
July 1, 1982; but those sections apply only with respect to events and
circumstances occurring after July 1, 1982, and do not invalidate
existing provisions of the declaration, bylaws, plats, or plans of those
condominiums.
(3) A condominium created as an additional phase by amendment of a
condominium created prior to July 1, 1982, if the original declaration
contemplated the amendment, shall be deemed to be a condominium created
prior to July 1, 1982; provided, however, the provisions of subdivision
(a)(2) shall apply as defined therein.
(4) Section 34-36.1-3.21 (foreclosure of condominium lien) applies, with
respect to all condominiums created in this state prior to June 19,
1991, only with respect to events and circumstances occurring after June
18, 1991, does not invalidate existing provisions of the declarations,
bylaws, plats, or plans of those condominiums, and applies in all
respects to all condominiums created in this state after June 18, 1991.
(b) The provisions of the Condominium Ownership Act, chapter 36 of this
title, do not apply to condominiums created after July 1, 1982, and do
not invalidate any amendment to the declaration, bylaws, plats, and
plans of any condominium created before July 1, 1982, if the amendment
would be permitted by this chapter. The amendment must be adopted in
conformity with the procedures and requirements specified by those
instruments and by chapter 36 of this title. If the amendment grants to
any person any rights, powers, or privileges permitted by this chapter,
all correlative obligations, liabilities, and restrictions in this
chapter also apply to that person.
(c) This chapter does not apply to condominiums or units located outside
this state, but the public offering statement provisions (§§
34-36.1-4.02 — 34-36.1-4.07) apply to all contracts for the disposition
thereof signed in this state by any party unless exempt under §
34-36.1-4.01(b).