§514A-21  Removal from provisions of this
chapter.  (a)  If:



(1)  Apartment owners owning not less than eighty per
cent in number of apartments in the aggregate, and owning apartments to which
are appurtenant not less than eighty per cent of the common interests, execute
and record an instrument to the effect that they desire to remove the property
from this chapter, and the holders of all liens affecting any of the apartments
of the apartment owners executing such instrument consent thereto by instruments
duly recorded, or



(2)  The common elements suffer substantial damage or
destruction and such damage or destruction has not been rebuilt, repaired, or
restored within a reasonable time after the occurrence thereof or the apartment
owners have earlier determined as provided in the declaration that such damage
or destruction shall not be rebuilt, repaired, or restored,



then, and in either event, the property shall be
subject to an action for partition by any apartment owner or lienor as if owned
in common, in which event the sale of the property shall be ordered by the
court and the net proceeds of sale, together with the net proceeds of the
insurance on the property, if any, shall be considered as one fund and shall be
divided among all the apartment owners in proportion to their respective common
interests, provided that no payment shall be made to an apartment owner until
there has first been paid off out of the owner's share of such net proceeds all
liens on the owner's apartment.  Upon such sale, the property ceases to be the
subject of a condominium property regime or subject to this chapter.



(b)  All of the apartment owners may remove a
property, or a part of a property, from this chapter by an instrument to that
effect, duly recorded, provided that the holders of all liens affecting any of
the apartments consent thereto, by instruments duly recorded.  Upon such
removal from this chapter, the property, or the part of the property designated
in the instrument, ceases to be the subject of a condominium property regime or
subject to this chapter, and is deemed to be owned in common by the apartment
owners in proportion to their respective common interests.



(c)  Notwithstanding subsections (a) and (b),
if the apartment leases for a leasehold project (including condominium
conveyance documents, ground leases, or similar instruments creating a
leasehold interest in the land) provide that:



(1)  The estate and interest of the apartment owner
shall cease and determine upon the acquisition, by an authority with power of
eminent domain of title and right to possession of any part of the project;



(2)  The apartment owner shall not by reason of the
acquisition or right to possession be entitled to any claim against the lessor
or others for compensation or indemnity for the apartment owner's leasehold
interest;



(3)  All compensation and damages for or on account of
any land shall be payable to and become the sole property of the lessor;



(4)  All compensation and damages for or on account of
any buildings or improvements on the demised land shall be payable to and
become the sole property of the apartment owners of the buildings and
improvements in accordance with their interests; and



(5)  The apartment lease rents are reduced in
proportion to the land so acquired or possessed;



then, the lessor and the declarant shall file an
amendment to the declaration to reflect any acquisition or right to
possession.  The consent or joinder of the apartment owners or their respective
mortgagees shall not be required, if the land so acquired or possessed
constitutes no more than five per cent of the total land of the project.  Upon
the filing of the amendment, the land acquired or possessed shall cease to be
the subject of a condominium property regime or this chapter.  The lessor shall
notify each apartment owner in writing of the filing of the amendment and the
rent abatement to which the apartment owner is entitled.  The lessor shall
provide the association of apartment owners, through its board of directors,
with a copy of the amendment.



For purposes of this subsection, the
acquisition or right to possession may be effected:



(1)  By a taking or condemnation of property by the
State or a county pursuant to chapter 101;



(2)  By the conveyance of property to the State or
county under threat of condemnation; or



(3)  By the dedication of property to the State or
county if the dedication is required by state law or county ordinance. [L 1977,
c 98, pt of §2; gen ch 1985; am L 1988, c 65, §2; am L 1993, c 155, §1]