[Added 1999 by Ord. No. 336]
As used in this article, the following terms
shall have the meanings indicated:
The undivided interest in the common elements, the common
expense liability, and votes in the association allocated to each
unit.
The unit owners' association.
The board of directors or the body, regardless of name, designated
to act on behalf of the association.
All portions of a condominium other than the units and includes
both general and limited common elements.
The liability for common expenses allocated to each unit.
Expenditures made by or financial liabilities of the association,
together with any allocations to reserves.
A form of real property with portions of the real property
designated for separate ownership or occupancy, and the remainder
of the real property designated for common ownership or occupancy
solely by the owners of those portions. Real property is a condominium
only if one or more of the common elements are directly owned in undivided
interests by the unit owners. Real property is not a condominium if
all of the common elements are owned by a legal entity separate from
the unit owners, such as a corporation, even if the separate legal
entity is owned by the unit owners.
A person, or group of persons acting in concert, who, as
part of a common promotional plan, offers to dispose of the person's
interest in a unit not previously disposed of.
A recorded instrument, however denominated, that creates
a condominium, and any recorded amendment to that instrument.
The land on which a building or buildings are located; the
foundations, columns, girders, beams, supports, main walls, roofs,
halls, corridors, lobbies, stairs, stairways, fire escapes, entrances
and exits of such building or buildings; the basements, yards, gardens,
parking areas and storage spaces; the premises for the lodging of
custodians or persons in charge of the property, installations of
central services such as power, light, gas, hot and cold water, heating,
refrigeration, central air conditioning and incinerating; the elevators,
tanks, pumps, motors, fans, compressors, ducts and in general all
apparatus and installations existing for common use; such community
and commercial facilities as may be provided for in the declaration;
and all other parts of the property necessary or convenient to its
existence, maintenance and safety, or normally in common use.
A symbol or address that identifies only one unit in a condominium.
Consists of any enclosed room or rooms occupying all or part
of a floor or floors in a building of one or more floors to be used
for residential, professional, or commercial purposes and which has
access to a public street.
Those common elements designated in the declaration as reserved
for use by fewer than all the owners of the individual air space units.
A survey recordable in the real property records or the condominium
plat records and containing the information required by this article.
As used in this article, "plat" does not have the same meaning as
"plat" in other statutes or ordinances dealing with municipal or county
regulation of property development.
A person, other than a declarant, who by means of a voluntary
transfer acquires a legal or equitable interest in a unit other than
a leasehold interest or as security for an obligation.
An individual air space unit together with the interest in
the common elements appurtenant to such unit.
A declarant or other person who owns a unit, but does not
include a person having an interest in a unit solely as security for
an obligation.
A condominium may be created under this article
only by recording a declaration executed in the same manner as a deed
by all persons who have an interest in the real property that will
be conveyed to unit owners. The declaration shall be recorded in the
office of the Sublette County Clerk.
Except as otherwise provided by the declaration
or plat:
A.
If walls, floors, or ceilings are designated as boundaries
of a unit, then all lath, furring, wallboard, plasterboard, plaster,
paneling, tiles, wallpaper, paint, finished flooring, and any other
materials constituting part of the finished surfaces are a part of
the unit, and all other portions of the walls, floors, or ceilings
are a part of the common elements.
B.
If any chute, flue, duct, wire, conduit, bearing wall,
bearing column, or any other fixture is partially within and partially
outside the designated boundaries of a unit, then the portion serving
only that unit is a limited common element allocated solely to that
unit, and the portion serving more than one unit or the common elements
is a part of the general common elements.
C.
Subject to Subsection B, the spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit.
D.
Shutters, awnings, window boxes, doorsteps, stoops,
porches, balconies, patios, and exterior doors and windows or other
fixtures designed to serve a single unit, but located outside the
unit's boundaries, are limited common elements allocated exclusively
to that unit.
A description of a unit must comply with Wyoming
Statutes Title 34, Chapter 20.
The declaration for a condominium must contain:
A.
The name of the condominium, which must include the
word "condominium" or be followed by the words "a condominium" or
a phrase that includes the word "condominium," and the name of the
association.
B.
A legally sufficient description of the real property
included in the condominium.
C.
A description of the boundaries of each unit created
by the declaration, including the unit's identifying number.
D.
A statement of the maximum number of units that the
declarant reserves the right to create.
F.
A description of any real property, except real property
subject to development rights, that may be allocated subsequently
as limited common elements, together with a statement that the property
may be so allocated.
G.
Any restrictions on use, occupancy, or alienation
of the units.
H.
The method of amending the declaration.
I.
A plat or plan or the recording data of a plat or
plan that has been recorded in the real property or condominium plat
records of Sublette County, Wyoming.
J.
A description of any development rights and other
special declarant rights reserved by the declarant, together with
a legally sufficient description of the real property to which each
of those rights applies, and a time limit within which each of those
rights must be exercised.
K.
A provision for shared cost of maintenance of all
common areas.
L.
A mandatory requirement that all condominium unit
owners shall be members of an incorporated association of owners.
M.
All matters required by this article or by state law
to be stated in the declaration.
N.
Any other matters the declarant considers appropriate.
A.
The declaration shall allocate a fraction or percentage
of undivided interests in the common elements and in the common expenses
of the association, and a portion of the votes in the association,
to each unit and state the formulas used to establish those allocations.
These allocations may not discriminate in favor of units owned by
a declarant.
B.
If units may be added to or withdrawn from the condominium,
the declaration must state the formulas to be used to reallocate the
allocated interests among all units included in the condominium after
the addition or withdrawal.
C.
A declarant may not use cumulative or class voting
to evade any limitation imposed on declarants by this article. Units
may not constitute a class because the units are owned by a declarant.
D.
Except for minor variations due to rounding, the sums
of the undivided interests in the common elements and of the common
expense liabilities allocated at any time to all the units shall each
equal one if stated as fractions or 100% if stated as percentages.
If a discrepancy exists between an allocated interest and the result
derived from application of the pertinent formula, the allocated interest
prevails.
E.
The common elements are not subject to partition.
Any purported conveyance, judicial sale, or other voluntary or involuntary
transfer of an undivided interest in the common elements without the
unit to which that interest is allocated is void.
The limited common elements and the provisions
of the declaration relating to the right to use the limited common
elements may not be altered without the consent of each affected unit
owner and the owner's first lien mortgagee.
A.
A common element not previously allocated as a limited
common element may not be allocated except pursuant to an amendment
to the declaration.
Plats are a part of the declaration and may
be recorded as a part of the declaration or separately. Each plat
must be legible and contain a certification that the plat contains
all information required by this section.
A.
Each plat must show:
(1)
The name and a survey or general schematic map of
the entire condominium.
(2)
The location and dimensions of all real property not
subject to development rights, or subject only to the development
right to withdraw, and the location and dimensions of all existing
improvements within that real property.
(3)
A legally sufficient description of any real property
subject to development rights, labeled to identify the rights applicable
to each parcel.
(4)
The extent of any encroachments by or on any portion
of the condominium.
(5)
To the extent feasible, a legally sufficient description
of all easements serving or burdening any portion of the condominium,
and the location of any underground utility line that is actually
known by the declarant at the time of filing the declaration to have
been constructed outside a recorded easement.
(6)
The location and dimensions of any vertical unit boundaries
not shown or projected on recorded plans and the unit's identifying
number.
(7)
The location, with reference to established data,
of any horizontal unit boundaries not shown or projected on recorded
plans and the unit's identifying number.
(8)
The distance between noncontiguous parcels of real
property constituting the condominium.
(9)
The location and dimensions of limited common elements, other than those described by § 475-265.
(10)
The distance and bearings locating each building
from all other buildings and from at least one boundary line of the
real property constituting the condominium.
B.
Unless the declaration provides otherwise, the horizontal
boundaries of part of a unit located outside a building have the same
elevation as the horizontal boundaries of the inside part and need
not be depicted on the plat. Interior walls and partitions within
a unit need not be included in the plats.
C.
On exercising any development right, the declarant
shall record either new plats and plans necessary to conform to the
requirements of this section or new certifications of plats and plans
previously recorded if those plats and plans otherwise conform to
the requirements of this article.
D.
An independent licensed architect, surveyor or engineer
shall certify the plat, whether contained in one or more pages, showing
all perimeter land boundaries of the condominium, except for additional
real property, and showing the locations on the ground of all buildings
in relation to land boundaries.
To exercise a development right, the declarant must prepare, execute, and record an amendment to the declaration and record new plats and plans for that real property. The declarant is the unit owner of any units created. The amendment to the declaration must assign an identifying number to each new unit created and, except for subdivision or conversion of units described by § 475-275A, reallocate the allocated interest among all units. The amendment must describe any limited common elements created, designating the unit to which each is allocated.
A.
Subject to the provisions of the declaration and other
provisions of law, a unit owner:
(1)
May make improvements or alterations to the owner's
unit that do not impair the structural integrity or mechanical systems
or lessen the support of any portion of the condominium;
(2)
May not change the appearance of the common elements
or the exterior appearance of a unit or any other portion of the condominium
without prior written permission of the association; and
(3)
After acquiring an adjoining unit or an adjoining
part of an adjoining unit, with the prior written approval of the
association, may remove, alter, and create apertures in an intervening
partition, even if the partition in whole or in part is a common element,
if those acts do not impair the structural integrity or mechanical
systems or lessen the support of any portion of the condominium.
If the declaration expressly permits, a unit
may be subdivided into two or more units with consent of the association.
Subject to the declaration, on written application of a unit owner
to subdivide a unit and after payment by the unit owner of the cost
of preparing and recording amendments and plats, the association shall
prepare, execute, and record an amendment to the declaration, including
the plats and plans, subdividing the unit. The amendment to the declaration
must be executed by the owner of the unit to be subdivided, assign
an identifying number to each unit created, and reallocate the allocated
interests formerly allocated to the subdivided unit to the new units
in any reasonable manner prescribed by the owner of the subdivided
unit.
Subject to the declaration, a declarant has
an easement through the common elements as may be reasonably necessary
for discharging the declarant's obligations or exercising special
declarant rights whether arising under this article or reserved by
the declaration.
A.
A declaration, including the plats and plans, may
be amended only by vote or agreement of unit owners to which at least
67% of the votes in the association are allocated, or any larger majority
the declaration specifies. A declaration may specify a smaller number
only if all of the units are restricted exclusively to nonresidential
use. An amendment to a declaration may be adopted:
(1)
By written ballot that states the exact wording or
substance of the amendment and that specifies the date by which a
ballot must be received to be counted.
(2)
At a meeting of the members of the association after
written notice of the meeting has been delivered to an owner.
(3)
By any method permitted by the declaration.
B.
To be effective, an amendment to the declaration must
be recorded in the office of the Sublette County Clerk.
C.
Except as permitted or required by this article, an
amendment may not create or increase special declarant rights, increase
the number of units, change the boundaries of a unit, alter or destroy
a unit or limited common element, change a unit's allocated interest,
or change the use restrictions on a unit unless the amendment is approved
by 100% of the votes in the association. Except as agreed to by the
declarant, an amendment may not increase or otherwise modify the obligations
imposed by a declaration on a declarant, or reduce or otherwise modify
the rights granted by a declaration to a declarant, including special
declarant rights.
A unit owners' association must be organized
as a profit or nonprofit corporation. The declarant may not convey
a unit until the Secretary of State has issued a certificate of incorporation.
The membership of the association at all times consists exclusively
of all the unit owners or, following termination of the condominium,
all former unit owners entitled to distribution of proceeds, or the
owners' heirs, successors, or assigns.
Unless otherwise provided by the declaration,
the association, acting through its board, may exercise any power
granted associations or corporations by Wyoming statutes.
A.
The administration and operation of the condominium
are governed by the bylaws, which must provide for:
(1)
The number of members on the board and the titles
of the officers of the association;
(2)
Election by the board of a president, treasurer, secretary,
and any other officers the bylaws specify;
(3)
The qualifications, powers and duties, terms of office,
and the manner of electing and removing a board member or officer
and filling vacancies;
(4)
The powers, if any, that the board or an officer may
delegate to other persons or to a managing agent;
(5)
The designation of officers who are authorized to
prepare, execute, certify, and record amendments to the declaration
on behalf of the association;
(6)
The method of amending the bylaws; and
(7)
The manner of notice of meetings of the association.
B.
Subject to the declaration, the bylaws may provide
for other matters the association considers desirable, necessary,
or appropriate.
Except as provided by the declaration or Subsections
A and B, the association is responsible for maintenance, repair, and
replacement of the common elements, and each unit owner is responsible
for maintenance, repair, and replacement of the owner's unit. Each
unit owner shall afford to the association and the other unit owners,
and to their agents or employees, access through the owner's unit
reasonably necessary for those purposes. If damage is inflicted on
the common elements or on any unit through which access is taken,
the unit owner responsible for the damage, or the association if it
is responsible, is liable for the prompt repair of the damage.
A.
Except as provided by the declaration, each unit owner
is responsible for the cost of maintenance, repair, and replacement
of any utility installation or equipment serving only the owner's
unit, without regard to whether the installation or equipment is located
wholly or partially outside the designated boundaries of the unit.
For purposes of this subsection, utility installations and equipment
include electricity, water, sewage, gas, water heaters, heating and
air conditioning equipment, and television antennas.
B.
Except as provided by the declaration, each unit owner
is responsible for the cost of maintenance, repair, and, through its
board, may exercise any power granted associations replacement of
windows and doors serving only the owner's unit.
C.
Unless otherwise provided by the declaration, the
association may enter a unit, after giving notice to the owner and
occupant of the unit, to:
A.
Until an association makes a common expense assessment,
a declarant shall pay all the expenses of the condominium as the expenses
accrue. After an initial assessment by an association, assessments
must be made at least annually and must be based on a budget adopted
at least annually by the association. The association's reserves and
the unit owners' working capital contributions may not be used to
pay operational expenses until the declarant control terminates.
B.
From the date of the initial assessment until declarant
control terminates, or three years from a declarant's first conveyance
of a unit, whichever is earlier, the declarant shall periodically
pay to the association:
C.
Common expenses shall be assessed against all units
conveyed, rented, or used as models or offices by the declarant and
against all units owned by a declarant after termination of a declarant's
control or three years from a declarant's first conveyance of a unit,
whichever is earlier, in accordance with the common expense liability
allocated to each unit. A past due assessment or installment of an
assessment may bear interest at a lawful rate established by the association.
D.
Except as provided by the declaration and this article,
a common expense for the maintenance, repair, or replacement of a
limited common element shall be assessed against all the units as
if it were for a general common element.
E.
A declaration may allow the accumulation of reserve
funds for an unspecified period to provide for any anticipated expense
of the condominium.
F.
This section does not prevent a declarant from collecting
from a purchaser at closing the prorated amount of any expenses, such
as insurance or taxes, that the declarant has prepaid to the association
or directly to others on behalf of the unit that is being purchased.
Without limiting the obligations of the unit
owners and except as provided by the declaration, bylaws, rules of
the association, or this article, the unit owner:
A.
Shall pay assessments, interest, and other charges
properly levied by the association against the owner or the owner's
unit, and shall pay regular periodic assessments without demand by
the association;
B.
Shall comply with the declaration, bylaws, and rules
of the association, including any amendments;
C.
Shall pay for damage to the condominium caused by
the negligence or willful misconduct of the owner, an occupant of
the owner's unit, or the owner or occupant's family, guests, employees,
contractors, agents, or invitees; and
D.
Is liable to the association for violations of the
declaration, bylaws, or rules of the association, including any amendments,
by the owner, an occupant of the owner's unit, or the owner's or occupant's
family, guests, employees, agents, or invitees, and for costs incurred
by the association to obtain compliance, including attorney's fees,
whether or not suit is filed.
[Amended 4-23-2007 by Ord. No. 2007-408; 7-9-2007 by Ord. No. 2007-415; 11-12-2007 by Ord. No.
2007-427]
In addition to all other applicable requirements
in the Pinedale Town Code, condominium developments must meet the
following requirements:
A.
Each condominium development must meet the specific
zoning and off-street parking and loading requirements for the zoning
district in which it is located or which apply due to the use of said
development.
B.
All utilities must be separate and separately metered
for each condominium unit.
C.
No structure may exceed two aboveground livable stories
and shall not exceed 35 feet in height.
D.
There shall be a ten-foot utility easement on each
side of a condominium building.
E.
No more than eight residential condominium units may
be contiguous to form a condominium building and no portion of a residential
condominium building or accessory structure in or related to one group
of contiguous units shall be less than 15 feet from any portion of
a condominium building or accessory structure of another condominium
building.
F.
The total ground floor area of a residential condominium
building or buildings shall not exceed 60% of the total project area.
For purposes of this section, ground floor area is the area containing
the ground floor of the residential condominium building and any enclosed
garage, exclusive of accessory buildings or structures.
