Pinedale City Zoning Code
ARTICLE XXXI
Condominium Requirements
[Added 1999 by Ord. No. 336]
§ 475-265 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ALLOCATED INTERESTS
The undivided interest in the common elements, the common expense liability, and votes in the association allocated to each unit.
ASSOCIATION
The unit owners' association.
BOARD
The board of directors or the body, regardless of name, designated to act on behalf of the association.
COMMON ELEMENTS
All portions of a condominium other than the units and includes both general and limited common elements.
COMMON EXPENSE LIABILITY
The liability for common expenses allocated to each unit.
COMMON EXPENSES
Expenditures made by or financial liabilities of the association, together with any allocations to reserves.
CONDOMINIUM
A form of real property with portions of the real property designated for separate ownership or occupancy, and the remainder of the real property designated for common ownership or occupancy solely by the owners of those portions. Real property is a condominium only if one or more of the common elements are directly owned in undivided interests by the unit owners. Real property is not a condominium if all of the common elements are owned by a legal entity separate from the unit owners, such as a corporation, even if the separate legal entity is owned by the unit owners.
DECLARANT
A person, or group of persons acting in concert, who, as part of a common promotional plan, offers to dispose of the person's interest in a unit not previously disposed of.
DECLARATION
A recorded instrument, however denominated, that creates a condominium, and any recorded amendment to that instrument.
GENERAL COMMON ELEMENTS
The land on which a building or buildings are located; the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of such building or buildings; the basements, yards, gardens, parking areas and storage spaces; the premises for the lodging of custodians or persons in charge of the property, installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, central air conditioning and incinerating; the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use; such community and commercial facilities as may be provided for in the declaration; and all other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use.
IDENTIFYING NUMBER
A symbol or address that identifies only one unit in a condominium.
INDIVIDUAL AIR SPACE UNIT
Consists of any enclosed room or rooms occupying all or part of a floor or floors in a building of one or more floors to be used for residential, professional, or commercial purposes and which has access to a public street.
LIMITED COMMON ELEMENTS
Those common elements designated in the declaration as reserved for use by fewer than all the owners of the individual air space units.
PLAT
A survey recordable in the real property records or the condominium plat records and containing the information required by this article. As used in this article, "plat" does not have the same meaning as "plat" in other statutes or ordinances dealing with municipal or county regulation of property development.
PURCHASER
A person, other than a declarant, who by means of a voluntary transfer acquires a legal or equitable interest in a unit other than a leasehold interest or as security for an obligation.
UNIT or CONDOMINIUM UNIT
An individual air space unit together with the interest in the common elements appurtenant to such unit.
UNIT OWNER
A declarant or other person who owns a unit, but does not include a person having an interest in a unit solely as security for an obligation.
§ 475-266 Creation of condominium.
A condominium may be created under this article only by recording a declaration executed in the same manner as a deed by all persons who have an interest in the real property that will be conveyed to unit owners. The declaration shall be recorded in the office of the Sublette County Clerk.
§ 475-267 Unit boundaries.
Except as otherwise provided by the declaration or plat:
A.
If walls, floors, or ceilings are designated as boundaries of a unit, then all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting part of the finished surfaces are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements.
B.
If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture is partially within and partially outside the designated boundaries of a unit, then the portion serving only that unit is a limited common element allocated solely to that unit, and the portion serving more than one unit or the common elements is a part of the general common elements.
C.
Subject to Subsection B, the spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit.
D.
Shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.
§ 475-268 Construction of declaration and bylaws.
A.
The provisions of the declaration and bylaws are severable.
B.
If there is a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this article.
§ 475-269 Description of units.
A description of a unit must comply with Wyoming Statutes Title 34, Chapter 20.
§ 475-270 Contents of declaration.
The declaration for a condominium must contain:
A.
The name of the condominium, which must include the word "condominium" or be followed by the words "a condominium" or a phrase that includes the word "condominium," and the name of the association.
B.
A legally sufficient description of the real property included in the condominium.
C.
A description of the boundaries of each unit created by the declaration, including the unit's identifying number.
D.
A statement of the maximum number of units that the declarant reserves the right to create.
E.
A description of the limited common elements other than those listed in § 475-265.
F.
A description of any real property, except real property subject to development rights, that may be allocated subsequently as limited common elements, together with a statement that the property may be so allocated.
G.
Any restrictions on use, occupancy, or alienation of the units.
H.
The method of amending the declaration.
I.
A plat or plan or the recording data of a plat or plan that has been recorded in the real property or condominium plat records of Sublette County, Wyoming.
J.
A description of any development rights and other special declarant rights reserved by the declarant, together with a legally sufficient description of the real property to which each of those rights applies, and a time limit within which each of those rights must be exercised.
K.
A provision for shared cost of maintenance of all common areas.
L.
A mandatory requirement that all condominium unit owners shall be members of an incorporated association of owners.
M.
All matters required by this article or by state law to be stated in the declaration.
N.
Any other matters the declarant considers appropriate.
§ 475-271 Allocations of common interests, votes and expenses.
A.
The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and a portion of the votes in the association, to each unit and state the formulas used to establish those allocations. These allocations may not discriminate in favor of units owned by a declarant.
B.
If units may be added to or withdrawn from the condominium, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal.
C.
A declarant may not use cumulative or class voting to evade any limitation imposed on declarants by this article. Units may not constitute a class because the units are owned by a declarant.
D.
Except for minor variations due to rounding, the sums of the undivided interests in the common elements and of the common expense liabilities allocated at any time to all the units shall each equal one if stated as fractions or 100% if stated as percentages. If a discrepancy exists between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.
E.
The common elements are not subject to partition. Any purported conveyance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements without the unit to which that interest is allocated is void.
§ 475-272 Limited common elements.
The limited common elements and the provisions of the declaration relating to the right to use the limited common elements may not be altered without the consent of each affected unit owner and the owner's first lien mortgagee.
A.
A common element not previously allocated as a limited common element may not be allocated except pursuant to an amendment to the declaration.
§ 475-273 Plats.
Plats are a part of the declaration and may be recorded as a part of the declaration or separately. Each plat must be legible and contain a certification that the plat contains all information required by this section.
A.
Each plat must show:
(1)
The name and a survey or general schematic map of the entire condominium.
(2)
The location and dimensions of all real property not subject to development rights, or subject only to the development right to withdraw, and the location and dimensions of all existing improvements within that real property.
(3)
A legally sufficient description of any real property subject to development rights, labeled to identify the rights applicable to each parcel.
(4)
The extent of any encroachments by or on any portion of the condominium.
(5)
To the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the condominium, and the location of any underground utility line that is actually known by the declarant at the time of filing the declaration to have been constructed outside a recorded easement.
(6)
The location and dimensions of any vertical unit boundaries not shown or projected on recorded plans and the unit's identifying number.
(7)
The location, with reference to established data, of any horizontal unit boundaries not shown or projected on recorded plans and the unit's identifying number.
(8)
The distance between noncontiguous parcels of real property constituting the condominium.
(9)
The location and dimensions of limited common elements, other than those described by § 475-265.
(10)
The distance and bearings locating each building from all other buildings and from at least one boundary line of the real property constituting the condominium.
B.
Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside a building have the same elevation as the horizontal boundaries of the inside part and need not be depicted on the plat. Interior walls and partitions within a unit need not be included in the plats.
C.
On exercising any development right, the declarant shall record either new plats and plans necessary to conform to the requirements of this section or new certifications of plats and plans previously recorded if those plats and plans otherwise conform to the requirements of this article.
D.
An independent licensed architect, surveyor or engineer shall certify the plat, whether contained in one or more pages, showing all perimeter land boundaries of the condominium, except for additional real property, and showing the locations on the ground of all buildings in relation to land boundaries.
§ 475-274 Exercise of development right.
To exercise a development right, the declarant must prepare, execute, and record an amendment to the declaration and record new plats and plans for that real property. The declarant is the unit owner of any units created. The amendment to the declaration must assign an identifying number to each new unit created and, except for subdivision or conversion of units described by § 475-275A, reallocate the allocated interest among all units. The amendment must describe any limited common elements created, designating the unit to which each is allocated.
§ 475-275 Alteration of units.
A.
Subject to the provisions of the declaration and other provisions of law, a unit owner:
(1)
May make improvements or alterations to the owner's unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium;
(2)
May not change the appearance of the common elements or the exterior appearance of a unit or any other portion of the condominium without prior written permission of the association; and
(3)
After acquiring an adjoining unit or an adjoining part of an adjoining unit, with the prior written approval of the association, may remove, alter, and create apertures in an intervening partition, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium.
B.
Removal of partitions or creation of apertures under Subsection A(3) is not an alteration of boundaries.
§ 475-276 Subdivision of units.
If the declaration expressly permits, a unit may be subdivided into two or more units with consent of the association. Subject to the declaration, on written application of a unit owner to subdivide a unit and after payment by the unit owner of the cost of preparing and recording amendments and plats, the association shall prepare, execute, and record an amendment to the declaration, including the plats and plans, subdividing the unit. The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit.
§ 475-277 Easement rights.
Subject to the declaration, a declarant has an easement through the common elements as may be reasonably necessary for discharging the declarant's obligations or exercising special declarant rights whether arising under this article or reserved by the declaration.
§ 475-278 Amendment of declaration.
A.
A declaration, including the plats and plans, may be amended only by vote or agreement of unit owners to which at least 67% of the votes in the association are allocated, or any larger majority the declaration specifies. A declaration may specify a smaller number only if all of the units are restricted exclusively to nonresidential use. An amendment to a declaration may be adopted:
(1)
By written ballot that states the exact wording or substance of the amendment and that specifies the date by which a ballot must be received to be counted.
(2)
At a meeting of the members of the association after written notice of the meeting has been delivered to an owner.
(3)
By any method permitted by the declaration.
B.
To be effective, an amendment to the declaration must be recorded in the office of the Sublette County Clerk.
C.
Except as permitted or required by this article, an amendment may not create or increase special declarant rights, increase the number of units, change the boundaries of a unit, alter or destroy a unit or limited common element, change a unit's allocated interest, or change the use restrictions on a unit unless the amendment is approved by 100% of the votes in the association. Except as agreed to by the declarant, an amendment may not increase or otherwise modify the obligations imposed by a declaration on a declarant, or reduce or otherwise modify the rights granted by a declaration to a declarant, including special declarant rights.
§ 475-279 Organization of unit owners' association.
A unit owners' association must be organized as a profit or nonprofit corporation. The declarant may not convey a unit until the Secretary of State has issued a certificate of incorporation. The membership of the association at all times consists exclusively of all the unit owners or, following termination of the condominium, all former unit owners entitled to distribution of proceeds, or the owners' heirs, successors, or assigns.
§ 475-280 Powers of unit owners' association.
Unless otherwise provided by the declaration, the association, acting through its board, may exercise any power granted associations or corporations by Wyoming statutes.
§ 475-281 Bylaws.
A.
The administration and operation of the condominium are governed by the bylaws, which must provide for:
(1)
The number of members on the board and the titles of the officers of the association;
(2)
Election by the board of a president, treasurer, secretary, and any other officers the bylaws specify;
(3)
The qualifications, powers and duties, terms of office, and the manner of electing and removing a board member or officer and filling vacancies;
(4)
The powers, if any, that the board or an officer may delegate to other persons or to a managing agent;
(5)
The designation of officers who are authorized to prepare, execute, certify, and record amendments to the declaration on behalf of the association;
(6)
The method of amending the bylaws; and
(7)
The manner of notice of meetings of the association.
B.
Subject to the declaration, the bylaws may provide for other matters the association considers desirable, necessary, or appropriate.
§ 475-282 Upkeep of condominium.
Except as provided by the declaration or Subsections A and B, the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of the owner's unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access through the owner's unit reasonably necessary for those purposes. If damage is inflicted on the common elements or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair of the damage.
A.
Except as provided by the declaration, each unit owner is responsible for the cost of maintenance, repair, and replacement of any utility installation or equipment serving only the owner's unit, without regard to whether the installation or equipment is located wholly or partially outside the designated boundaries of the unit. For purposes of this subsection, utility installations and equipment include electricity, water, sewage, gas, water heaters, heating and air conditioning equipment, and television antennas.
B.
Except as provided by the declaration, each unit owner is responsible for the cost of maintenance, repair, and, through its board, may exercise any power granted associations replacement of windows and doors serving only the owner's unit.
C.
Unless otherwise provided by the declaration, the association may enter a unit, after giving notice to the owner and occupant of the unit, to:
(1)
Prevent or terminate waste of water purchased by the association as a common expense; or
(2)
Perform maintenance and repairs of the condominium that, if not performed, may result in increased damage by water to components of the condominium that the association maintains.
§ 475-283 Assessments for common expenses.
A.
Until an association makes a common expense assessment, a declarant shall pay all the expenses of the condominium as the expenses accrue. After an initial assessment by an association, assessments must be made at least annually and must be based on a budget adopted at least annually by the association. The association's reserves and the unit owners' working capital contributions may not be used to pay operational expenses until the declarant control terminates.
B.
From the date of the initial assessment until declarant control terminates, or three years from a declarant's first conveyance of a unit, whichever is earlier, the declarant shall periodically pay to the association:
(1)
An amount equal to all operational expenses of the association, less the operational expense portion of the assessments paid by unit owners other than declarant; or
(2)
The common expense liability allocated to each unit owned by the declarant.
C.
Common expenses shall be assessed against all units conveyed, rented, or used as models or offices by the declarant and against all units owned by a declarant after termination of a declarant's control or three years from a declarant's first conveyance of a unit, whichever is earlier, in accordance with the common expense liability allocated to each unit. A past due assessment or installment of an assessment may bear interest at a lawful rate established by the association.
D.
Except as provided by the declaration and this article, a common expense for the maintenance, repair, or replacement of a limited common element shall be assessed against all the units as if it were for a general common element.
E.
A declaration may allow the accumulation of reserve funds for an unspecified period to provide for any anticipated expense of the condominium.
F.
This section does not prevent a declarant from collecting from a purchaser at closing the prorated amount of any expenses, such as insurance or taxes, that the declarant has prepaid to the association or directly to others on behalf of the unit that is being purchased.
§ 475-284 Obligations of unit owners.
Without limiting the obligations of the unit owners and except as provided by the declaration, bylaws, rules of the association, or this article, the unit owner:
A.
Shall pay assessments, interest, and other charges properly levied by the association against the owner or the owner's unit, and shall pay regular periodic assessments without demand by the association;
B.
Shall comply with the declaration, bylaws, and rules of the association, including any amendments;
C.
Shall pay for damage to the condominium caused by the negligence or willful misconduct of the owner, an occupant of the owner's unit, or the owner or occupant's family, guests, employees, contractors, agents, or invitees; and
D.
Is liable to the association for violations of the declaration, bylaws, or rules of the association, including any amendments, by the owner, an occupant of the owner's unit, or the owner's or occupant's family, guests, employees, agents, or invitees, and for costs incurred by the association to obtain compliance, including attorney's fees, whether or not suit is filed.
§ 475-285 Building and developmental standards.
[Amended 4-23-2007 by Ord. No. 2007-408; 7-9-2007 by Ord. No. 2007-415; 11-12-2007 by Ord. No. 2007-427]
In addition to all other applicable requirements in the Pinedale Town Code, condominium developments must meet the following requirements:
A.
Each condominium development must meet the specific zoning and off-street parking and loading requirements for the zoning district in which it is located or which apply due to the use of said development.
B.
All utilities must be separate and separately metered for each condominium unit.
C.
No structure may exceed two aboveground livable stories and shall not exceed 35 feet in height.
D.
There shall be a ten-foot utility easement on each side of a condominium building.
E.
No more than eight residential condominium units may be contiguous to form a condominium building and no portion of a residential condominium building or accessory structure in or related to one group of contiguous units shall be less than 15 feet from any portion of a condominium building or accessory structure of another condominium building.
F.
The total ground floor area of a residential condominium building or buildings shall not exceed 60% of the total project area. For purposes of this section, ground floor area is the area containing the ground floor of the residential condominium building and any enclosed garage, exclusive of accessory buildings or structures.
§ 475-286 (Reserved) [1]
[1]
Editor's Note: Former § 475-286, Application for development, was repealed 6-26-2017 by Ord. No. 614. See now Ch. 160, Applications and Permits.
§ 475-287 (Reserved) [1]
[1]
Editor's Note: Former § 475-287, Development plan, was repealed 6-26-2017 by Ord. No. 614. See now Ch. 160, Applications and Permits.
§ 475-288 (Reserved) [1]
[1]
Editor's Note: Former § 475-288, Review by Planning and Zoning Commission, was repealed 6-26-2017 by Ord. No. 614. See now Ch. 160, Applications and Permits.
§ 475-289 (Reserved) [1]
[1]
Editor's Note: Former § 475-289, Action by Town Council, was repealed 6-26-2017 by Ord. No. 614. See now Ch. 160, Applications and Permits.