0
Can a Declaration of Condominium Ownership be completely revised in later years or amended by someone other than the original declarant?
Wiki User
∙ 13y ago
Yes.
Over time, the original declarant or developer generally fades from the picture, unless the developer maintains ownership of one or more units.
Your existing governing documents provide for their own amendments: the CC&Rs by a super-majority vote -- other than a simple majority -- of owners can vote to amend them; the By-laws, usually by a simple majority.
Your association's attorney can help the board craft amendments up to and including completing revising the governing documents.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
If a person who give dying declaration but not die so this is acceptable before the court?
The rule requires that the declarant be unavailable to testify at trial. The declarant is almost always unavailable due to death, but it is not required.
What is the legality of a partially sold Condominium building reverting back to rentals?
Assuming that the partially sold condominium building is still within the declarant control period, and assuming that the declarant -- the developer -- leads the board, the declarant can protect his/her investment by renting units.Your governing documents determine what rights the developer retains until the business of the association is turned over to the owners.If, however, this is an owner-board-driven decision, you can obtain copies of the minutes where the board proposed this solution and passed a motion reverting to rentals.The legality of this action is probably determined by your governing documents.
Regarding Condominium laws who is eligible to be on the association board?
Usually just the person that owns the condo.Review your governing documents to understand the qualifications for board membership in your particular community.No two states establish the same requirements; as well condominium governing documents will vary wildly on this point.During the declarant control period, when the project is new and the developer/ builder is still selling units, the declarant may have special rights of board appointment.Reasonably, however, in established condominium communities, being an owner is generally a requirement. In many communities, being a resident is usually preferable, although it may not be required.
Life Sustaining Statute, North Carolina?
Declaration of a Desire for a Natural Death as Provided by North Carolina G.S. 90-321(Download)I, ________________, being of sound mind, desire that my life not be prolonged by extraordinary means if my condition is determined to be terminal and incurable. I am aware and understand that this writing authorizes a physician to withhold or discontinue extraordinary means.This the ______________ day of ___________________ 20___.________________________________________________SIGNATUREI hereby state that the Declarant, ________________, being of sound mind signed the above declaration in my presence and that I am not related to the Declarant by blood or marriage and that I do not know or have a reasonable expectation that I would be entitled to any portion of the estate of the Declarant, under any existing will or codicil of the Declarant, or as an heir under the Interstate Succession Act if the Declarant died on this date without a will. I also state that I am not the Declarants attending physician or an employee of the Declarants attending physician or an employee of a health facility in which the Declarant is a patient or an employee of a nursing home or any group-care home where the Declarant resides. I further state that I do not now have any claim against the Declarant.Witness____________________________________________________________Witness____________________________________________________________CERTIFICATEI, _____________________________________________(state if Clerk of Superior Court or Deputy Clerk or Notary Public) for _________________________________ County, hereby certify that ________________, the Declarant, appeared before me and swore to me and to the witnesses in my presence that this instrument is his Declaration Of A Desire for A Natural Death, and that he willingly and voluntarily made and executed it as his free act and deed for the purposes expressed in it, I further certify that __________________________________ and__________________________ witnesses, appeared before me and swore that they witnessed ________________, Declarant, sign the attached declaration, believing him to be of a sound mind; and also swore that at the time they witnessed the declaration (i) they were not elated within the third degree to the Declarant or to the Declarants spouse, and (ii) they did not know or have a reasonable expectation that they would be entitled to any portion of the estate of the Declarant upon the Declarants death under any will of the Declarant or codicil thereto then existing or under the Interstate Succession Act as it provides at that time, and (iii) they were not a physician attending the Declarant or an employee of an attending physician or an employee of a health facility in which the Declarant was a patient or an employee of a nursing home or any group-care home in which the Declarant resided, and (iv) they did not have a claim against the Declarant.I further certify that I am satisfied as to the genuineness and due execution of the declaration. This the _________ of ______________, 20______.________________________________________________Title: ____________________________________County of _____________Declaration of a Desire for a Natural Death as Provided by North Carolina G.S. 90-321Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This simple Life Sustaining Declaration is valid in North Carolina. Check with a local hospital or doctors office, as well as with an experienced medical attorney, to assure yourself of its compliance with current statute (s) in your state.1. Make multiple copies. Give one to your doctor (s), the local hospital, and have others available through your attorney and family. Remember, these kinds of documents are needed in emergency situations at worst and under stressful circumstances at best. So be sure they are available to the appropriate people easily, when needed.
What does declarant's capacity mean?
job description
Can the rights of a declarant be conveyed to a non declarant?
Probably not, unless the declarant sells the entire project, including unsold units and un-built land to another developer. In that case, then, another association-savvy attorney who represents the new developer would be involved in order to craft a new public offering statement that covers the new developer's -- new declarant's -- rights. However, in your particular situation, you are best advised to consult with your association-savvy attorney who can more specifically answer your question.
Can a declarant grant an easement?
Generally, the property owner must grant an easement.
Life Sustaining Statute, West Virginia?
Statutory Declaration in Conformance with West Virginia Natural Death Act, 16-30-3(Download)DECLARATION OF _________________Declaration made this __________ day of ______________ 20______. I, __________________, being of sound mind, willfully and voluntarily make known my desires that my dying shall not be artificially prolonged under the circumstances set forth below, do declare:If at any time I should have an incurable injury, disease, or illness certified to be a terminal condition by two physicians who have personally examined me, one of whom is my attending physician, and the physicians have determined that my death will occur whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to artificially prolong the dying process, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of nutrition, medication or the performance of any medical procedure deemed necessary to provide me with comfort, care or to alleviate pain.In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this declaration shall be honored by my family and physicians as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal.I understand the full import of this declaration and I am emotionally and mentally competent to make this declaration.________________________________________SignatureAddress: _____________________________________________________I did not sign the Declarants signature above for or at the direction of the Declarant. I am at least eighteen years of age and am not related to the Declarant by blood or marriage, entitled to any portion of the estate of the Declarant according to the laws of in testate succession of the State of West Virginia, or to the best of my knowledge under any will of Declarant or codicil thereto, or directly financially responsible for Declarants medical care. I am not the Declarants attending physician, an employee of the attending physician, nor an employee of the health facility in which the Declarant is a patient.________________________________________________Witness________________________________________________WitnessSTATE OF ________________________COUNTY OF _______________________This day personally appeared before me, the undersigned authority, a Notary Public in and for ______________ County, ___________________________State, _____________________________________________________(Witnesses) who, being first being duly sworn, say that they are the subscribing witnesses to the declaration of ________________, the Declarant, signed, sealed and published and declared the same as and for his declaration, in the presence of both these affiants; and that these affiants, at the request of said Declarant, in the presence of each other, and in the presence of said Declarant, all present at the same time, signed their names as attesting witnesses to said declaration.Affiants further say that this affidavit is made at the request of _________________, Declarant, and in his presence, and that ________________ at the time the declaration was executed, in the opinion of the affiants, of sound mind and memory, and over the age of eighteen years.Taken, subscribed and sworn to before me by ___________________ (witness) and ____________________________ (witness) this _______ day of _______________, 20_____.My commission expires: _____________________________________________________Notary PublicStatutory Declaration in Conformance with West Virginia Natural Death Act, 16-30-3Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This simple Life Sustaining Declaration is valid in West Virginia. Check with a local hospital or doctors office, as well as with an experienced medical attorney, to assure yourself of its compliance with current statute (s) in your state.1. Make multiple copies. Give one to your doctor (s), the local hospital, and have others available through your attorney and family. Remember, these kinds of documents are needed in emergency situations at worst and under stressful circumstances at best. So be sure they are available to the appropriate people easily, when needed.
Must the Declarant follow the Master Deed?
Yes. The declarant is bound by the provisions in the Master Deed as well as any unit owner unless there are any provisions that have been determined to be unlawful by statute, ordinance or court order.Yes. The declarant is bound by the provisions in the Master Deed as well as any unit owner unless there are any provisions that have been determined to be unlawful by statute, ordinance or court order.Yes. The declarant is bound by the provisions in the Master Deed as well as any unit owner unless there are any provisions that have been determined to be unlawful by statute, ordinance or court order.Yes. The declarant is bound by the provisions in the Master Deed as well as any unit owner unless there are any provisions that have been determined to be unlawful by statute, ordinance or court order.
Life Sustaining Statute, Mississippi?
Declaration of Intention Provided by Mississippi Withdrawal of Life Saving Mechanisms Act, Mississippi Code 41-41-107(Download)DECLARATION made on ___________ by ___________________ of ____________, _______________.I, ________________, being of sound mind, declare that if at any time I should suffer a terminal physical condition which causes me severe distress or unconsciousness, and my physician, with the concurrence of two (2) other physicians, believes that there is no expectation of my regaining consciousness or a state of health that is meaningful to me and but for the use of life-sustaining mechanisms my death would be imminent, I desire that the mechanisms be withdrawn so that I may die naturally. However, if I have been diagnosed as pregnant and that diagnosis is known to my physician, this declaration shall have no force or effect during the course of my pregnancy. I further declare that this declaration shall be honored by my family and my physician as the final expression of my desires concerning the manner in which I die.SIGNED:________________________________________________________________Social Security number: ___________I hereby witness this declaration and attest that:(1) I personally know the Declarant and believe the Declarant to be of sound mind.(2) To the best of my knowledge, at the time of the execution of this declaration, I:(a) Am not related to the Declarant by blood or marriage,(b) Do not have any claim on the estate of the Declarant,(c) Am not entitled to any portion of the Declarants estate by any will or operation of law, and(d) Am not a physician attending the Declarant or a person employed by a physician attending the Declarant.WITNESS:________________________________________________________________Address:WITNESS:________________________________________________________________Address:Declaration of Intention Provided by Mississippi Withdrawal of Life Saving Mechanisms Act, Mississippi Code 41-41-107Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This simple Life Sustaining Declaration is valid in Mississippi. Check with a local hospital or doctors office, as well as with an experienced medical attorney, to assure yourself of its compliance with current statute (s) in your state.1. Make multiple copies. Give one to your doctor (s), the local hospital, and have others available through your attorney and family. Remember, these kinds of documents are needed in emergency situations at worst and under stressful circumstances at best. So be sure they are available to the appropriate people easily, when needed.
Who is the witness when you get a document notarized?
A witness would be a person who saw the "declarant" or "appearer" sign the document.
Life Sustaining Statute, Maryland?
Declaration as Provided by Maryland Health-General Code Section 5-602(Download)DECLARATIONOn this _________________ day of ___________, I ________ ______, being of sound mind, willfully and voluntarily direct that my dying shall not be artificially prolonged under the circumstances set forth in this declaration:If at any time I should have an incurable injury, disease, or illness certified to be a terminal condition by two (2) physicians who have personally examined me, one (1) of whom shall be my attending physician, and the physicians have determined that my death is imminent whether or not life-sustaining procedures are utilized and where the application of such procedures would serve only to artificially prolong the dying process, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication, and the administration of food and water, and the performance of any medical procedure that is necessary to provide comfort care or to alleviate pain. In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this declaration shall be honored by my family and physician(s) as the final expression of my legal right to control my medical care or treatment. I am legally competent to make this declaration, and I understand its full import.Signed _________________________________________________________Address: _______________________________________________________Under penalty of perjury, we state that this declaration was signed by ______________ in the presence of the undersigned who, at ______________s request, in ______________s presence, and in the presence of each other, have hereunto signed our names as witnesses this _______________ day of ___________________ 20_______. Further, each of us, individually, states that:The Declarant is known to me, and I believe the Declarant to be of sound mind. I did not sign the Declarants signature to this declaration. Based upon information and belief, I am not related to the Declarant by blood or marriage, a creditor of the Declarant, entitled to any portion of the estate of the Declarant under any existing testamentary instrument of the Declarant, entitled to any financial benefit by reason of the death of the Declarant, financially or otherwise responsible for the Declarants medical care, nor the employee of any such person or institution.________________________________________________Address:________________________________________________Address:Declaration as Provided by Maryland Health-General Code Section 5-602Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This simple Life Sustaining Declaration is valid in Maryland. Check with a local hospital or doctors office, as well as with an experienced medical attorney, to assure yourself of its compliance with current statute (s) in your state.1. Make multiple copies. Give one to your doctor (s), the local hospital, and have others available through your attorney and family. Remember, these kinds of documents are needed in emergency situations at worst and under stressful circumstances at best. So be sure they are available to the appropriate people easily, when needed.
