NOTE: §1141.3 eff. until Jan. 1, 2025. See Acts 2024, No. 158.

§1141.3. Applicability

            A. The provisions of this Part shall be applicable to existing and future residential planned communities whose declarations have been duly executed and filed for registry. However, this Part shall not be construed to affect the validity or superiority of any provision of a community document. Only to the extent the community documents are silent shall the provisions of this Part apply.

            B.(1) This Part shall not apply to condominium property governed by the provisions of Part II of this Chapter.

            (2) The provisions of Part II-A of this Chapter shall be applicable to an ownership timeshare interest created in a lot within a planned community to the extent that those provisions do not conflict with the provisions of this Part.

            C. This Part shall not impair any right that is guaranteed or protected by the constitution of this state or the United States, nor shall this Part be construed to affect any act done, offense or violation committed, or right accrued.

            D. This Part shall not be construed to impair or cast a cloud upon the titles of common areas or lots within a residential planned community.

NOTE: §1141.3 as amended by Acts 2024, No. 158, eff. Jan. 1, 2025.

§1141.3. Applicability

            A. The provisions of this Part shall be applicable to existing and future planned communities whose declarations have been duly executed and filed for registry. However, this Part shall not be construed to affect the validity or superiority of any provision of a community document filed for registry prior to January 1, 2025.

            B.(1) This Part shall not apply to condominium property governed by the provisions of Part II of this Chapter.

            (2) The provisions of Part II-A of this Chapter shall be applicable to an ownership timeshare interest created in a lot within a planned community to the extent that those provisions do not conflict with the provisions of this Part.

            (3) This Part shall apply to only those associations that are organized for planned communities.

            C. This Part shall not impair any right that is guaranteed or protected by the constitution of this state or the United States, nor shall this Part be construed to affect any act done, offense or violation committed, or right accrued.

            D. This Part shall not be construed to impair or cast a cloud upon the titles of common areas or lots within a planned community.

            E. The existence, validity, or extent of a building restriction affecting any association property shall be liberally construed to give effect to its purpose and intent.

            F. This Part shall not affect the ownership of common areas or limited common areas in a planned community in existence prior to January 1, 2025.

            G. This Part shall not require an association existing prior to January 1, 2025, to amend or change its organizational structure or its community documents.

            H. Nothing in this Part shall require a planned community in existence prior to January 1, 2025, to alter its previously established method of amending community documents or calculating and voting on assessments.

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