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Session Laws, 1999
Volume 796, Page 3648   View pdf image
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(I) THE ACTION SHALL BE TAKEN AT A MEETING OF THE BOARD
HELD AFTER AT LEAST 60 DAYS' NOTICE TO ALL UNIT OWNERS AND ALL FIRST
MORTGAGEES LISTED WITH THE CONDOMINIUM;

(II) THE NOTICE SHALL INCLUDE INFORMATION PROVIDED BY THE
CONDEMNATION AUTHORITY THAT DESCRIBES THE PURPOSE AND THE EXTENT OF
THE PROPERTY BEING ACQUIRED FOR PUBLIC USE; AND

(III) AT THE MEETING, THE BOARD MAY NOT ACT UNTIL ALL UNIT
OWNERS AND MORTGAGEES IN ATTENDANCE HAVE BEEN AFFORDED A REASONABLE
OPPORTUNITY TO PRESENT THEIR VIEWS ON THE PROPOSED EASEMENT,
RIGHT-OF-WAY, LICENSE, LEASE, OR SIMILAR INTEREST.

(5) The action of the board of directors granting any easement,
right-of-way, license, lease, or similar interest under [paragraph] PARAGRAPHS (2)
[or], (3), OR (4) of this subsection shall not be final until the following have occurred:

(i) Within 15 days after the vote by the board to grant an
easement, right-of-way, license, lease, or similar interest, a petition may be filed with
the board of directors signed by the unit owners having at least 15 percent of the votes
calling for a special meeting of unit owners to vote on the question of a disapproval of
the action of the board of directors granting such easement, right-of-way, license,
lease, or similar interest. If no such petition is received within 15 days, the decision of
the board shall be final;

(ii) If a qualifying petition is filed, a special meeting shall be held
no less than 15 days or more than 30 days from receipt of the petition. At the special
meeting, if a quorum is not present, the decision of the board of directors shall be
final;

(iii) 1. If a special meeting is held and 50 percent of the unit
owners present and voting disapprove the grant, and the unit owners voting to
disapprove the grant are more than 33 percent of the total votes in the condominium,
then the grant shall be void; or

2. If the vote of the unit owners is not more than 33 percent
of the total votes in the condominium, the decision of the board or council to make the
grant shall be final;

(iv) Mortgagees shall receive notice of and be entitled to attend and
speak at such special meeting; and

(v) Any easement, right-of-way, license, lease, or similar interest
granted by the board of directors under the provisions of this subsection shall state
that the grant was approved in accordance with the provisions of this subsection.

[(5)] (6) The provisions of this subsection are applicable to all
condominiums, regardless of the date they were established.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1999.

 

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Session Laws, 1999
Volume 796, Page 3648   View pdf image
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