2011 Vermont Code
Title 27A Uniform Common Interest Ownership Act (1994)
Chapter 4 Protection of Purchasers
§ 117 Effect of violations on rights of action

§ 4-117. Effect of violations on rights of action

Subsection (a) effective until January 1, 2012; see also subsection (a) effective January 1, 2012 set out below.

(a) If a declarant or any other person subject to this title fails to comply with any provision of this title or any provision of the declaration or bylaws, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. The court, in an appropriate case, may award reasonable attorney fees.

Subsection (a) effective January 1, 2012; see also subsection (a) effective until January 1, 2012 set out above.

(a) A declarant, association, unit owner, or any other person subject to this title may bring an action to enforce a right granted or obligation imposed by this title, the declaration, or the bylaws. The court may award reasonable attorney fees and costs.

(b) Parties to a dispute arising under this title, the declaration, or the bylaws may agree to resolve the dispute by any form of binding or nonbinding alternative dispute resolution, but:

Subdivision (b)(1) effective until January 1, 2012; see also subdivision (b)(1) effective January 1, 2012 set out below.

(1) a declarant may agree with the association to do so only after the period of declarant control passes unless the agreement is made with an independent committee of the executive board elected pursuant to subsection 4-116(d) of this title; and

Subdivision (b)(1) effective January 1, 2012; see also subdivision (b)(1) effective until January 1, 2012 set out above.

(1) a declarant may agree with the association to do so only after the period of declarant control has expired unless the agreement is made with an independent committee of the executive board elected pursuant to subsection 4-116(d) of this title; and

Subdivision (b)(2) effective until January 1, 2012; see also subdivision (b)(2) effective January 1, 2012 set out below.

(2) an agreement to submit to any form of binding alternative dispute resolution must be in a writing signed by the parties.

Subdivision (b)(2) effective January 1, 2012; see also subdivision (b)(2) effective until January 1, 2012 set out above.

(2) an agreement to submit to any form of binding alternative dispute resolution must be in a record authenticated by the parties. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 47, eff. Jan. 1, 2012.)