Laserfiche WebLink
200506707 <br />ARTICLE XIV. <br />TERMINATION OF CONDOMINIUM <br />14.0 Requirements for Termination. Except in the case of a taking of all of the <br />units by eminent domain, a condominium may be terminated only by agreement of unit <br />owners of unit to which at least 85% of the votes in the Association are allocated. <br />14.1 Recordation of A reements. An agreement to terminate shall be evidenced <br />by the execution or ratification of a termination agreement, in the same manner as a deed, <br />by the requisite number of unit numbers. The termination agreement shall specify a date <br />after which the agreement will be void unless it is recorded before that date. A <br />termination agreement and all ratifications of a termination agreement shall be recorded <br />in Hall County, Nebraska. <br />14.2 Sale of Condominium. A termination agreement may provide that all of the <br />common elements and units of the condominium shall be sold following termination. If, <br />pursuant to the agreement, any real estate in the condominium is to be sold following <br />termination, the termination agreement shall set forth the minimum terms of the sale. <br />14.3 Powers of Association on Sale of Condominium; Rijzhts of Unit Owners. <br />The Association, on behalf of the unit owners, may contract for the sale of real estate in <br />the condominium, but the contract is not binding on the unit owners until approved <br />pursuant to Section 14.0 and 1.4.1. If any real estate in the condominium is to be sold <br />following termination, title to that real estate on termination vests the Association as <br />Trustee for the holders of all interest in the units. Thereafter, the Association has all <br />powers necessary and appropriate to effect the sale. Until. the sale has been concluded <br />and the proceeds of the sale distributed, the Association continues in existence with all <br />powers it had before termination. Proceeds of the sale shall be distributed to unit owners <br />and lien holders as their interests may appear, in proportion to the respective interest of <br />each unit owner as provided in Section 14.6. Unless otherwise specified in the <br />termination agreement, as long as the Association holds title to the real estate, each unit <br />owner and his successor in interest shall have an exclusive right to occupancy of the <br />portion of the real estate that formerly constituted his unit. During the period of that <br />occupancy, each unit owner and his successor in interest shall rernaica liable for all <br />assessments and other obligations imposed on unit owners by this Article of this <br />Declaration. <br />14.4 Rights of Unit Owners if Condominium Not Sold. If the real estate <br />constituting the condominium is not to be sold following termination, title to all the real <br />estate in the condominium vests in the unit owners on termination as tenants in common <br />in proportion to the respective interests as provided in Section 14.6, and liens on the units <br />shift accordingly. While the tenancy in common exists, each unit owner and his <br />successor in interest have an exclusive right to occupancy of the portion of the real estate <br />that formerly constituted his unit. <br />EVA <br />