Vermont § 3-112 - Conveyance or encumbrance of common elements

Full text of Vermont Vermont Statutes Online § 3-112 — Conveyance or encumbrance of common elements, with citation guidance and answers to common questions.

§ 3-112. Conveyance or encumbrance of common elements

  • (a) Portions of the common elements may be conveyed or subject to a security interest
    by the association, if persons entitled to cast at least 80 percent of the votes in
    the association, including 80 percent of the votes allocated to units not owned by
    a declarant, or any larger percentage specified in the declaration, agree to that
    action; but all owners of units to which any limited common element is allocated must
    agree in order to convey that limited common element or be subjected to a security
    interest. The declaration may specify a smaller percentage only if all the units are
    restricted exclusively to nonresidential uses. Proceeds of the sale are an asset of
    the association; but the proceeds of the sale of limited common elements shall be
    distributed equitably among the owners of units to which the limited common elements
    were allocated. (b) An agreement to convey common elements or subject them to a security interest shall
    be evidenced by an agreement executed or ratified in the same manner as a deed by
    the requisite number of unit owners. The agreement shall specify a date after which
    the agreement will be void unless recorded. The agreement and all ratifications shall
    be recorded in every town in which a portion of the common interest community is situated
    and is effective only upon recordation. (c) The association, on behalf of the unit owners, may contract to convey an interest
    in a common interest community pursuant to subsection (a) of this section, but the
    contract is not enforceable against the association until approved pursuant to subsections
    (a) and (b) of this section. Thereafter, the association has all powers necessary
    and appropriate to effect the conveyance or encumbrance, including the power to execute
    deeds or other instruments. (d) Unless made pursuant to this section, any purported conveyance or encumbrance, judicial
    sale or other voluntary transfer of common elements is void. (e) Unless the declaration otherwise provides, if the holders of first security interests
    on 80 percent of the units that are subject to security interests on the day the unit
    owners’ agreement under subsection (c) of this section is recorded consent in writing: (1) a conveyance of common elements pursuant to this section terminates both the undivided
    interests in those common elements allocated to the units and the security interests
    in those undivided interests held by all persons holding security interests in the
    units; and (2) an encumbrance of common elements pursuant to this section has priority over all preexisting
    encumbrances on the undivided interests in those common elements held by all persons
    holding security interests in the units. (f) The consents by holders of first security interests on units described in subsection
    (e) of this section, or a certificate of the secretary affirming that those consents
    have been received by the association, may be recorded at any time before the date
    on which the agreement under subsection (c) of this title becomes void. Consents or
    certificates so recorded are valid from the date they are recorded for purposes of
    calculating the percentage of consenting first security interest holders, regardless
    of later sales or encumbrances on those units. Even if the required percentage of
    first security interest holders so consents, a conveyance or encumbrance of common
    elements does not affect interests having priority over the declaration, or created
    by the association after the declaration was recorded. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)

Source: official Vermont text · Last verified 2026-08-27

Frequently Asked Questions About Vermont § 3-112

What does Vermont Statutes Online § 3-112 cover?

Section 3-112 ("Conveyance or encumbrance of common elements") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Vermont § 3-112?

A common citation format is "Vermont Statutes Online § 3-112" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Vermont law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.

How does Vermont § 3-112 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.