Vermont Statutes Annotated

Vt. Stat. Ann. tit. 27, § 1306 (2026)

✓ current as of May 2026
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Subchapter 001 : CONDOMINIUM OWNERSHIP

(Cite as: 27 V.S.A. § 1306)
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1989–2025 · leading case: Madowitz v. Woods at Killington Owners' Ass'n, 2010 VT 37 (Vt. 2010).
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Madowitz v. Woods at Killington Owners' Ass'n, 2010 VT 37 (Vt. 2010). · cites it 8× “The Association filed a motion for summary judgment, arguing that: (1) developers’ rights had expired because of the ten-year limitation found in 105 deeds and two separately executed powers of attorney; (2) the power of attorney and consent provisions contained in the…”
Roy H.A. Watson III v. The Vill. at Northshore I Ass'n, Inc., 184 A.3d 1133 (Vt. 2018). · cites it 4× “27 V.S.A. § 1306. Even if two-thirds of unit owners seek to amend the declaration to accomplish one of the prohibited purposes, they cannot do so.”
Madowitz v. Woods at Killington Owners, 2010 VT 37 (Vt. 2010). · cites it 8× “The Association filed a motion for summary judgment, arguing that: (1) developers' *1120 rights had expired because of the ten-year limitation found in 105 deeds and two separately executed powers of attorney; (2) the power of attorney and consent provisions contained in the…”
Barrett v. Town of Warren, 2005 VT 107 (Vt. 2005). · cites it 2× “Although the specific facts of this case are sketchy, the key facts are reasonably clear.”
Meadowbrook Condo. Ass'n v. South Burlington Realty Corp., 565 A.2d 238 (Vt. 1989). · cites it 2× “Unless this is accomplished, such an owner under the facts of this case cannot be made whole. The effect of the majority's opinion is to penalize those unit owners who are entitled to such a recovery.”
Arapaho Owners Ass'n, Inc. v. Alpert, 2015 VT 93 (Vt. 2015). “The answer to the first question posed is found in 27 V.S.A. § 1306(b), which was the law in effect when Arapaho Village was created.”
Watson v. The Vill. at Northshore I Ass'n, Inc. (Vt. Super. Ct. 2016). · cites it 5× “” 27 V.S.A. § 1306. The Common Interest Ownership Act provides that the unit owners must provide access “reasonably necessary” for maintenance, repair, and replacement of common elements and units.”
Ghia v. West Woods Condo (Vt. Super. Ct. 2025). · cites it 2× “” 27 V.S.A. § 1306(a). “The percentage of the undivided interest of each apartment or site owner in the common areas and facilities as expressed in the declaration shall have a permanent character and shall not be altered without the consent of all of the apartment or site…”
Queirolo v. Highridge Condo. Owners Ass'n (Vt. Super. Ct. 2010). “(22) The percentage of the undivided interest of each unit (nominal value) is permanent in character as provided by 27 V.S.A. § 1306(b), Section 5 of the Declaration, and the Bylaws.”
Arapaho Owners Ass'n, Inc. & Kattalia v. Alpert, 199 Vt. 553 (Vt. 2015). “The answer to the first question posed is found in 27 V.S.A. § 1306(b), which was the law in effect when Arapaho Village was created.”
Layden v. City of Rutland, 737 A.2d 894 (Vt. 1999). ““Common areas and facilities” includes land on which the buildings are located, yards, gardens, private roads and streets, parking areas and storage spaces, community facilities if provided in the declaration, and “ [a]ll other parts of the property necessary or convenient to…”
— Vt. Stat. Ann. tit. 27, § 1306(a) — 5 cases
Madowitz v. Woods at Killington Owners' Ass'n, 2010 VT 37 (Vt. 2010). “The Association filed a motion for summary judgment, arguing that: (1) developers’ rights had expired because of the ten-year limitation found in 105 deeds and two separately executed powers of attorney; (2) the power of attorney and consent provisions contained in the…”
Barrett v. Town of Warren, 2005 VT 107 (Vt. 2005). “Although the specific facts of this case are sketchy, the key facts are reasonably clear.”
Madowitz v. Woods at Killington Owners, 2010 VT 37 (Vt. 2010). “The Association filed a motion for summary judgment, arguing that: (1) developers' *1120 rights had expired because of the ten-year limitation found in 105 deeds and two separately executed powers of attorney; (2) the power of attorney and consent provisions contained in the…”
Watson v. The Vill. at Northshore I Ass'n, Inc. (Vt. Super. Ct. 2016). “” 27 V.S.A. § 1306. The Common Interest Ownership Act provides that the unit owners must provide access “reasonably necessary” for maintenance, repair, and replacement of common elements and units.”
Ghia v. West Woods Condo (Vt. Super. Ct. 2025). “” 27 V.S.A. § 1306(a). “The percentage of the undivided interest of each apartment or site owner in the common areas and facilities as expressed in the declaration shall have a permanent character and shall not be altered without the consent of all of the apartment or site…”
— Vt. Stat. Ann. tit. 27, § 1306(b) — 9 cases
Madowitz v. Woods at Killington Owners' Ass'n, 2010 VT 37 (Vt. 2010). “The Association filed a motion for summary judgment, arguing that: (1) developers’ rights had expired because of the ten-year limitation found in 105 deeds and two separately executed powers of attorney; (2) the power of attorney and consent provisions contained in the…”
Roy H.A. Watson III v. The Vill. at Northshore I Ass'n, Inc., 184 A.3d 1133 (Vt. 2018). “27 V.S.A. § 1306. Even if two-thirds of unit owners seek to amend the declaration to accomplish one of the prohibited purposes, they cannot do so.”
Madowitz v. Woods at Killington Owners, 2010 VT 37 (Vt. 2010). “The Association filed a motion for summary judgment, arguing that: (1) developers' *1120 rights had expired because of the ten-year limitation found in 105 deeds and two separately executed powers of attorney; (2) the power of attorney and consent provisions contained in the…”
Arapaho Owners Ass'n, Inc. v. Alpert, 2015 VT 93 (Vt. 2015). “The answer to the first question posed is found in 27 V.S.A. § 1306(b), which was the law in effect when Arapaho Village was created.”
Watson v. The Vill. at Northshore I Ass'n, Inc. (Vt. Super. Ct. 2016). “” 27 V.S.A. § 1306. The Common Interest Ownership Act provides that the unit owners must provide access “reasonably necessary” for maintenance, repair, and replacement of common elements and units.”
— Vt. Stat. Ann. tit. 27, § 1306(c) — 2 cases
Meadowbrook Condo. Ass'n v. South Burlington Realty Corp., 565 A.2d 238 (Vt. 1989). “Unless this is accomplished, such an owner under the facts of this case cannot be made whole. The effect of the majority's opinion is to penalize those unit owners who are entitled to such a recovery.”
Watson v. The Vill. at Northshore I Ass'n, Inc. (Vt. Super. Ct. 2016). “” 27 V.S.A. § 1306. The Common Interest Ownership Act provides that the unit owners must provide access “reasonably necessary” for maintenance, repair, and replacement of common elements and units.”
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