§ 3-107. Upkeep of common interest community
(a) Except to the extent provided by the declaration and subsections 3-113(b) and (h) of this title, the association shall be responsible for maintenance, repair and replacement of the common elements, and each unit owner shall be responsible for the maintenance, repair and replacement of his or her unit. Each unit owner shall provide to the association and the other unit owners, their agents or employees, access through his or her unit reasonably necessary for those purposes. A unit owner or association is liable for the prompt repair of any damages caused to the common elements or to any unit through which access was taken.
(b) In addition to the liability that a declarant as a unit owner has under this title, the declarant alone is liable for all expenses in connection with real estate subject to development rights. No other unit owner and no other portion of the common interest community is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant.
(c) In a planned community, if all development rights have expired with respect to any real estate, the declarant remains liable for all expenses of that real estate unless, upon expiration, the declaration provides that the real estate becomes common elements or units. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
Structure Vermont Statutes
Title 27A - Uniform Common Interest Ownership Act (1994)
Article 3 - Management of the Common Interest Community
§ 3-101. Organization of unit owners’ association
§ 3-102. Powers of unit owners’ association
§ 3-103. Executive board members and officers
§ 3-104. Transfer of special declarant rights
§ 3-105. Termination of contracts and leases of declarant
§ 3-107. Upkeep of common interest community
§ 3-110. Voting; proxies; ballots
§ 3-111. Tort and contract liability
§ 3-112. Conveyance or encumbrance of common elements
§ 3-115. Assessments for common expenses
§ 3-116. Lien for sums due association; enforcement
§ 3-119. Association as trustee
§ 3-121. Notice to unit owners
§ 3-122. Removal of officers and directors