§1602-121. Merger or consolidation of condominiums
(a) Any 2 or more condominiums may, by agreement of the unit owners as provided in subsection (b), be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium shall be, for all purposes, the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single association which shall hold all powers, rights, obligations, assets and liabilities of all preexisting associations. [PL 1981, c. 699 (NEW).]
(b) An agreement of 2 or more condominiums to merge or consolidate pursuant to subsection (a) must be evidenced by an agreement prepared, executed, recorded and certified by the president of the association of each of the preexisting condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium. Any such agreement must be recorded in every county in which a portion of the condominium is located and is not effective until recorded. [PL 1981, c. 699 (NEW).]
(c) Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium either:
(1) By stating such reallocations or the formulas upon which they are based; or [PL 1981, c. 699 (NEW).]
(2) By stating the percentage of overall allocated interests of the new condominium which are allocated to all of the units comprising each of the preexisting condominiums, and providing that the portion of such percentages allocated to each unit formerly comprising a part of such preexisting condominium shall be equal to the percentages of allocated interests allocated to such unit by the declaration of the preexisting condominiums. [PL 1981, c. 699 (NEW).]
(d) Every merger or consolidation of 2 or more condominium associations shall comply with the requirements of Title 13-B, the Maine Nonprofit Corporation Act, except to the extent inconsistent with this Act. [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
Structure Maine Revised Statutes
Chapter 31: MAINE CONDOMINIUM ACT
Article 2: CREATION, ALTERATION AND TERMINATION OF CONDOMINIUMS
33 §1602-101. Creation of condominium
33 §1602-103. Construction and validity of declaration and bylaws
33 §1602-104. Description of units
33 §1602-105. Contents of declaration
33 §1602-106. Leasehold condominiums
33 §1602-107. Allocations of common element interests, votes and common expense liabilities
33 §1602-108. Limited common elements
33 §1602-110. Exercise of development rights
33 §1602-111. Alterations of units
33 §1602-112. Relocation of boundaries between adjoining units
33 §1602-113. Subdivision of units
33 §1602-114. Easement for encroachments
33 §1602-115. Use for sales purposes
33 §1602-116. Easement to facilitate exercise of special declarant rights
33 §1602-117. Amendment of declaration
33 §1602-118. Termination of condominium
33 §1602-119. Rights of secured lenders