33-1220

33-1220. Exercise of development
rights

A. To exercise a development right the declarant shall prepare, execute and record
an amendment to the declaration which shall include a new plat conforming to the
requirements of section 33-1219, subsections A and B, if the previously recorded plat
does not show the boundaries of the parcel or parcels as to which the development right
is exercised. The amendment to the declaration shall assign an identifying number to
each new unit created and, except in the case of subdivision or conversion of units
described in subsection C of this section, reallocate the allocated interests among all
units. The amendment shall describe any common elements and any limited common elements
created and, in the case of limited common elements, designate the unit to which each is
allocated as required by section 33-1218.

B. Development rights may be reserved within any real estate added to the
condominium if the amendment adding that real estate includes all matters required by
section 33-1215 or 33-1216, whichever is applicable, and the plat includes all matters
required by section 33-1219. This subsection does not extend any time limit on the
exercise of development rights imposed by the declaration pursuant to section 33-1215,
subsection A, paragraph 6.

C. Whenever a declarant exercises a development right to subdivide or convert a
unit previously created into additional units or common elements, or both:

1. If the declarant converts the unit entirely to common elements, the amendment to
the declaration must reallocate all the allocated interests of that unit among the other
units as if that unit had been taken by eminent domain.

2. If the declarant subdivides the unit into two or more units, whether any part of
the unit is converted into common elements, the amendment to the declaration shall
reallocate all the allocated interests of the unit among the units created by the
subdivision in any reasonable manner prescribed by the declarant.

D. If the declaration provides that all or a portion of the real estate is subject
to the development right of withdrawal:

1. If all the real estate is subject to withdrawal and the declaration does not
describe separate portions of the real estate subject to that right, none of the real
estate may be withdrawn after a unit has been conveyed to a purchaser without the written
consent of all unit owners in the condominium and any mortgagees or beneficiaries of
deeds of trust or sellers under a contract, as defined in section 33-741, for conveyance
of real property encumbering the units.

2. If a portion or portions are subject to withdrawal, a portion shall not be
withdrawn after a unit in that portion has been conveyed to a purchaser without the
written consent of all unit owners in the condominium and any mortgagees or beneficiaries
of deeds of trust or sellers under contract, as defined in section 33-741, for conveyance
of real property encumbering the units.

E. No development right shall be exercised in any manner which would eliminate or
materially reduce in size any tennis court, swimming pool, clubhouse or other
recreational facility which is part of the common elements and which was specified in the
public report issued on the condominium by the commissioner of the state real estate
department, unless the exercise of the development right is approved by an affirmative
vote of the unit owners to which at least eighty per cent of the votes in the association
are allocated.