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SENATE BILL NO. 51
INTRODUCED BY T. KEATING
BY REQUEST OF THE DEPARTMENT OF COMMERCE
AN ACT ELIMINATING REGULATION OF CONDOMINIUM UNITS PRIOR TO CONSTRUCTION; ELIMINATING THE DEPARTMENT OF COMMERCE'S ROLE IN INVESTIGATING AND ENFORCING THE UNIT OWNERSHIP ACT; AMENDING SECTIONS 70-23-102 AND 70-23-308, MCA; AND REPEALING SECTIONS 70-23-201, 70-23-202, 70-23-203, 70-23-204, 70-23-205, 70-23-206, 70-23-1001, AND 70-23-1002, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 70-23-102, MCA, is amended to read:
"70-23-102. Definitions. In this chapter, unless the context requires otherwise, the following definitions apply:
(1) "Association of unit owners" means all the unit owners acting as a group in accordance with the declaration and bylaws.
(2) "Building" means a multiple-unit building or buildings comprising a part of the property.
(3) "Common elements" means the general common elements and the limited common elements.
(4) "Common expenses" means:
(a) expenses of administration, maintenance, repair, or replacement of the common elements;
(b) expenses agreed upon as common by all the unit owners; and
(c) expenses declared common by 70-23-610 and 70-23-612 or by the declaration or the bylaws of the particular condominium.
(5) "Condominium" means the ownership of single units with common elements located on property submitted to the provisions of this chapter.
(6) "Declaration" means the instrument by which the property is submitted to the provisions of this chapter.
(7) "Department" means the department of commerce. (8)(7) "General common elements", unless otherwise provided in a declaration or by consent of all the unit owners,
(a) the land on which the building is located, except any portion
thereof of the land included in a unit or made a limited
common element by the declaration;
(b) the foundations, columns, girders, beams, supports, mainwalls, roofs, halls, corridors, lobbies, stairs, fire escapes, entrances, and exits of the building;
(c) the basements, yards, gardens, parking areas, and outside storage spaces, private pathways, sidewalks, and private roads;
(d) installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, waste disposal, and incinerating;
(e) the elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use;
(f) the premises for the lodging of janitors or caretakers of the property; and
(g) all other elements of the building necessary or convenient to its existence, maintenance, and safety or normally in common use.
(9)(8) "Limited common elements" means those common elements designated in the declaration or by agreement of all
the unit owners as reserved for the use of a certain unit or number of units to the exclusion of the other units. (10)(9) "Majority" or "majority of the unit owners", unless otherwise provided in the declaration, means the owners of
more than 50% in the aggregate of the undivided ownership interests in the general common elements as the percentage of
interest in such the element appertaining to each unit is expressed in the declaration. Whenever a percentage of the unit
owners is specified, percentage means such the percentage in the aggregate of such undivided ownership. (11)(10) "Manager" means the manager, board of managers, or other person in charge of the administration of or
managing the property. (12)(11) "Project" means a real estate condominium project , a plan whereby a condominium of two or more units located
on property submitted to the provisions of this chapter are offered or proposed to be offered for sale. (13)(12) "Property" means the land, all buildings, improvements, and structures thereon on the land, and all easements,
rights, and appurtenances belonging thereto to the land which that are submitted to the provisions of this chapter. (14)(13) "Recording officer" means the county officer charged with the duty of filing and recording deeds and mortgages
or any other instruments or documents affecting the title to real property. (15)(14) "Unit" means a part of the property including one or more rooms occupying one or more floors or a part or
parts thereof of the property intended for any type of independent use and with a direct exit to a public street or highway or
to a common area or area leading to a public street or highway. (16)(15) "Unit designation" means the number, letter, or combination thereof of numbers and letters designating a unit in
the declaration. (17)(16) "Unit owner" means the person owning a unit in fee simple absolute individually or as co-owner in any real
estate tenancy relationship recognized under the laws of this state. However, for all purposes, including the exercise of
voting rights, provided by lease filed with the presiding officer of the association of unit owners, a lessee of a unit shall must
be considered a unit owner."
Section 2. Section 70-23-308, MCA, is amended to read:
"70-23-308. Contents of bylaws. The bylaws
shall must provide for:
(1) the election from among the unit owners of a board of directors, the number of persons constituting the board, and
that the terms of at least one-third of the directors
shall expire expire annually; the powers and duties of the board; the
compensation, if any, of the directors; the method of removal from office of the directors; and whether or not the board may
engage the services of a manager or managing agent;
(2) the method of calling meetings of the unit owners and the percentage, if other than a majority as defined by
(10), that shall constitute constitutes a quorum;
(3) the election of a
chairman presiding officer, a secretary, and a treasurer;
(4) the maintenance, upkeep, and repair of the common elements and payment for
the expense thereof those expenses,
including the method of approving payment vouchers;
(5) the employment of personnel necessary for the maintenance, upkeep, and repair of the common elements;
(6) the manner of collecting from the unit owners their share of the common expenses;
(7) the method of adopting and of amending administrative rules governing the details of the operation and use of the common elements;
such restrictions on and requirements respecting the use and maintenance of the units and the use of the common
elements, not included in the declaration, as are designed to prevent unreasonable interference with the use of their the unit
owners' respective units and of the common elements by the several unit owners;
(9) the method of amending the bylaws subject to 70-23-307."
Section 3. Repealer. Sections 70-23-201, 70-23-202, 70-23-203, 70-23-204, 70-23-205, 70-23-206, 70-23-1001, and 70-23-1002, MCA, are repealed.
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