NOTE: §1141.6 eff. until Jan. 1, 2025. See Acts 2024, No. 158.

§1141.6. Establishment, amendment, or termination of building restrictions

            A. Building restrictions affecting association property, including lots or common areas, or those imposing an affirmative duty may be established, amended, or terminated in accordance with the terms of the applicable community document.

            B. In the absence of a provision for the establishment, amendment, or termination of such building restrictions in the community documents:

            (1) Building restrictions may be established by agreement of three-fourths of the lot owners.

            (2) Existing building restrictions may be made more onerous or increased by agreement of two-thirds of the lot owners.

            (3) Existing building restrictions may be made less onerous, reduced, or terminated by agreement of more than one-half of the lot owners.

            C.(1) Once established, or amended to be more onerous, building restrictions become a charge on the property and affect all current owners and, once recorded in the public records, affect all subsequent owners. Except for building restrictions relating to assessments or common areas, no new or more onerous building restriction shall impose a duty on the current owner to act affirmatively or remove or renovate any existing structure. All new or replacement structures, however, shall be subject to the new or more onerous building restriction.

            (2) Once amended to be less onerous, the building restriction constitutes a reduction of the charge on the property, and once terminated, the property is released of its former charge, affecting all current and subsequent owners.

            D.(1) When building restrictions are established under the provisions of Subsection B of this Section, rather than by the community documents, an owner may file with the association and the clerk of court a statement declining to be covered by the building restrictions. Such document must be filed within thirty days of the establishment of such building restrictions.

            (2) When building restrictions relative to set-backs or minimum square footage requirements are established or made more onerous under the provisions of Subsection B of this Section, rather than the community documents, the owner of an unimproved lot is exempt from complying with such new or more onerous restrictions.

            (3) An "owner" under the provisions of this Subsection means the owner or owners at the time the restriction was established or made more onerous and the waivers of compliance provided in this Subsection are personal to that owner.

NOTE: §1141.6 as amended by Acts 2024, No. 158, eff. Jan. 1, 2025.

§1141.6. Allocation of common expense liabilities, common surpluses, and voting interest in the association

            A. The declaration shall allocate to each lot a fraction or percentage of the common expense liabilities, common surpluses, and voting interest in the association and shall state the formulas or methods used to establish the allocations.

            B. If lots may be added to or withdrawn from the planned community, or if boundaries between adjoining lots may be relocated, the declaration shall state the formulas or methods to be used to reallocate the common expense liabilities, common surpluses, and voting interest in the association among all lots included in the planned community after the addition, withdrawal, or relocation.

            C.(1) The declaration may provide for the following:

            (a) Different allocations to lots of voting interest on particular matters specified in the declaration.

            (b) Cumulative voting only for electing directors.

            (c) Class voting on specified issues affecting the class if necessary to protect valid interests of the class.

            (2) A declarant may not utilize cumulative or class voting to avoid any limitation imposed on declarants by this Part, nor may lots constitute a class because they are owned by a declarant.

            D. Except for minor variations due to rounding, the sum of the common expense liabilities, common surpluses, or voting interest in the association allocated at any time to all of the lots shall equal one if stated as a fraction or one hundred percent if stated as a percentage.

            E. The transfer, encumbrance, judicial sale, or other voluntary or involuntary transfer of an ownership interest in a lot includes membership in the association and any other rights in the association appurtenant to that lot.

            F. Nothing in this Section shall require a planned community in existence prior to January 1, 2025, to amend its method of calculating or allocating assessments.

            Acts 1999, No. 309, §2, eff. June 16, 1999; Acts 2024, No. 158, §2, eff. Jan. 1, 2025.