[§514B-46]  Merger of projects or
increments.  (a)  Two or more projects, or increments of a project, whether
or not adjacent to one another, but that are part of the same incremental plan
of development and in the same vicinity, may be merged together so as to permit
the joint use of the common elements of the projects by all the owners of the
units in the merged projects.  A merger may be implemented with the vote or
consent that the declaration requires for a merger, pursuant to any reserved
rights set forth in the declaration, or upon vote of sixty-seven per cent of
the common interest.



(b)  A merger becomes effective at the earlier
of:



(1)  A date certain set forth in the certificate of
merger; or



(2)  The date that the certificate of merger is recorded.



The certificate of merger may provide for a single
association and board for the merged projects and for a sharing of the common
expenses of the projects among all the owners of the units in the merged
projects.  The certificate of merger may also provide for a merger of the
common elements of the projects so that each unit owner in the merged projects
has an undivided ownership interest in the common elements of the merged
projects.  In the event of a merger of common elements, the common interests of
each unit in the merged projects shall be adjusted in accordance with the
merger provisions in the projects' declarations so that the total common
interests of all units in the resulting merged project totals one hundred per
cent.  If the certificate of merger does not provide for a merger of the common
elements, the common elements and common interests of the merged projects shall
remain separate, but shall be subject to the provisions set forth in the
respective declarations with respect to merger.



(c)  Upon the recording of a certificate of
merger that indicates that the fee simple title to the lands of the merged
projects are merged, the registrar shall cancel all existing certificates of
title for the units in the projects being merged and shall issue new
certificates of title for the units in the merged project, covering all of the
land of the merged projects. The new certificates of title for the units in the
merged project shall describe, among other things, each unit's new common
interest.  The certificate of merger shall at least set forth all of the units
of the merged projects, their new common interests, and to the extent
practicable, their current certificate of title numbers in the common elements
of the merged projects.



(d)  In the event of a conflict between
declarations and bylaws upon the merger of projects or increments, unless
otherwise provided in the certificate of merger, the provisions of the first
declaration and bylaws recorded shall control. [L 2005, c 93, pt of §2]