448.3-104. 1. No special declarant rights created orreserved under sections 448.1-101 to 448.4-120 may be transferredexcept by an instrument evidencing the transfer recorded in everycounty in which any portion of the condominium is located. Theinstrument is not effective unless executed by the transferee.
2. Upon transfer of any special declarant right, theliability of a transferor declarant is as follows:
(1) A transferor is not relieved of any obligation orliability arising before the transfer and remains liable forwarranty obligations imposed upon him by sections 448.1-101 to448.4-120. Lack of privity does not deprive any unit owner ofstanding to bring an action to enforce any obligation of thetransferor;
(2) If the successor to any special declarant right is anaffiliate of a declarant, the transferor is jointly and severallyliable with the successor for any obligation or liability of thesuccessor which relates to the condominium;
(3) If a transferor retains any special declarant right, buttransfers other special declarant rights to a successor who isnot an affiliate of the declarant, the transferor is also liablefor any obligations and liabilities relating to the retainedspecial declarant rights, imposed on a declarant by sections448.1-101 to 448.4-120 or by the declaration arising after thetransfer;
(4) A transferor has no liability for any act or omission orany breach of a contractual or warranty obligation arising fromthe exercise of a special declarant right by a successordeclarant who is not an affiliate of the transferor.
3. Unless otherwise provided in a mortgage instrument ordeed of trust, in case of foreclosure of a mortgage, tax sale,judicial sale, sale by a trustee under a deed of trust, or saleunder the federal Bankruptcy Code or receivership proceedings, ofany units owned by a declarant, or real estate in a condominiumsubject to development rights, a person acquiring title to allthe real estate being foreclosed or sold, but only upon hisrequest, succeeds to all special declarant rights related to thatreal estate which are held by that declarant, or only to anyrights reserved in the declaration pursuant to section 448.2-115and held by that declarant to maintain models, sales offices, andsigns. The judgment or instrument conveying title shall providefor transfer of only the special declarant rights requested.
4. Upon foreclosure, tax sale, judicial sale, sale by atrustee under a deed of trust, or sale under the federalBankruptcy Code or receivership proceedings, of all units andother real estate in a condominium owned by a declarant:
(1) The declarant ceases to have any special declarantrights; and
(2) The period of declarant control terminates unless thejudgment or instrument conveying title provides for transfer ofall special declarant rights held by that declarant to asuccessor declarant.
5. The liabilities and obligations of persons who succeed tospecial declarant rights are as follows:
(1) A successor to any special declarant right who is anaffiliate of a declarant is subject to all obligations andliabilities imposed on the transferor by sections 448.1-101 to448.4-120 or by the declaration;
(2) A successor to any special declarant right, other than asuccessor described in subdivision (3) or (4) of this subsection,who is not an affiliate of a declarant, is subject to allobligations and liabilities imposed by sections 448.1-101 to448.4-120 or the declaration:
(a) On a declarant which relate to his exercise ornonexercise of special declarant rights; or
(b) On his transferor, other than:
a. Misrepresentations by any prior declarant;
b. Warranty obligations on improvements made by any previousdeclarant, or made before the condominium was created;
c. Breach of any fiduciary obligation by any previousdeclarant or his appointees to the executive board; or
d. Any liability or obligation imposed on the transferor asa result of the transferor's acts or omissions after thetransfer;
(3) A successor to only a right reserved in the declarationto maintain models, sales offices, and signs, if he is not anaffiliate of a declarant, may not exercise any other specialdeclarant right, and is not subject to any liability orobligation as a declarant, except the obligation to provide anoriginal sale certificate, and any liability arising as a resultthereof;
(4) A successor to all special declarant rights held by histransferor who is not an affiliate of that declarant and whosucceeded to those rights pursuant to a deed in lieu offoreclosure or a judgment or instrument conveying title to unitsunder subsection 3, may declare his intention in a recordedinstrument to hold those rights solely for transfer to anotherperson. Thereafter, until transferring all special declarantrights to any person acquiring title to any unit owned by thesuccessor, or until recording an instrument permitting exerciseof all those rights, that successor may not exercise any of thoserights other than any right held by his transferor to control theexecutive board in accordance with the provisions of subsection 4of section 448.3-103 for the duration of any period of declarantcontrol, and any attempted exercise of those rights is void. Solong as a successor declarant may not exercise special declarantrights under this subsection, he is not subject to any liabilityor obligation as a declarant other than liability for his actsand omissions under subsection 4 of section 448.3-103.
6. Nothing in this section subjects any successor to aspecial declarant right to any claims against or otherobligations of a transferor declarant, other than claims andobligations arising under sections 448.1-101 to 448.4-120 or thedeclaration.
448.3-104. 1. No special declarant rights created orreserved under sections 448.1-101 to 448.4-120 may be transferredexcept by an instrument evidencing the transfer recorded in everycounty in which any portion of the condominium is located. Theinstrument is not effective unless executed by the transferee.
2. Upon transfer of any special declarant right, theliability of a transferor declarant is as follows:
(1) A transferor is not relieved of any obligation orliability arising before the transfer and remains liable forwarranty obligations imposed upon him by sections 448.1-101 to448.4-120. Lack of privity does not deprive any unit owner ofstanding to bring an action to enforce any obligation of thetransferor;
(2) If the successor to any special declarant right is anaffiliate of a declarant, the transferor is jointly and severallyliable with the successor for any obligation or liability of thesuccessor which relates to the condominium;
(3) If a transferor retains any special declarant right, buttransfers other special declarant rights to a successor who isnot an affiliate of the declarant, the transferor is also liablefor any obligations and liabilities relating to the retainedspecial declarant rights, imposed on a declarant by sections448.1-101 to 448.4-120 or by the declaration arising after thetransfer;
(4) A transferor has no liability for any act or omission orany breach of a contractual or warranty obligation arising fromthe exercise of a special declarant right by a successordeclarant who is not an affiliate of the transferor.
3. Unless otherwise provided in a mortgage instrument ordeed of trust, in case of foreclosure of a mortgage, tax sale,judicial sale, sale by a trustee under a deed of trust, or saleunder the federal Bankruptcy Code or receivership proceedings, ofany units owned by a declarant, or real estate in a condominiumsubject to development rights, a person acquiring title to allthe real estate being foreclosed or sold, but only upon hisrequest, succeeds to all special declarant rights related to thatreal estate which are held by that declarant, or only to anyrights reserved in the declaration pursuant to section 448.2-115and held by that declarant to maintain models, sales offices, andsigns. The judgment or instrument conveying title shall providefor transfer of only the special declarant rights requested.
4. Upon foreclosure, tax sale, judicial sale, sale by atrustee under a deed of trust, or sale under the federalBankruptcy Code or receivership proceedings, of all units andother real estate in a condominium owned by a declarant:
(1) The declarant ceases to have any special declarantrights; and
(2) The period of declarant control terminates unless thejudgment or instrument conveying title provides for transfer ofall special declarant rights held by that declarant to asuccessor declarant.
5. The liabilities and obligations of persons who succeed tospecial declarant rights are as follows:
(1) A successor to any special declarant right who is anaffiliate of a declarant is subject to all obligations andliabilities imposed on the transferor by sections 448.1-101 to448.4-120 or by the declaration;
(2) A successor to any special declarant right, other than asuccessor described in subdivision (3) or (4) of this subsection,who is not an affiliate of a declarant, is subject to allobligations and liabilities imposed by sections 448.1-101 to448.4-120 or the declaration:
(a) On a declarant which relate to his exercise ornonexercise of special declarant rights; or
(b) On his transferor, other than:
a. Misrepresentations by any prior declarant;
b. Warranty obligations on improvements made by any previousdeclarant, or made before the condominium was created;
c. Breach of any fiduciary obligation by any previousdeclarant or his appointees to the executive board; or
d. Any liability or obligation imposed on the transferor asa result of the transferor's acts or omissions after thetransfer;
(3) A successor to only a right reserved in the declarationto maintain models, sales offices, and signs, if he is not anaffiliate of a declarant, may not exercise any other specialdeclarant right, and is not subject to any liability orobligation as a declarant, except the obligation to provide anoriginal sale certificate, and any liability arising as a resultthereof;
(4) A successor to all special declarant rights held by histransferor who is not an affiliate of that declarant and whosucceeded to those rights pursuant to a deed in lieu offoreclosure or a judgment or instrument conveying title to unitsunder subsection 3, may declare his intention in a recordedinstrument to hold those rights solely for transfer to anotherperson. Thereafter, until transferring all special declarantrights to any person acquiring title to any unit owned by thesuccessor, or until recording an instrument permitting exerciseof all those rights, that successor may not exercise any of thoserights other than any right held by his transferor to control theexecutive board in accordance with the provisions of subsection 4of section 448.3-103 for the duration of any period of declarantcontrol, and any attempted exercise of those rights is void. Solong as a successor declarant may not exercise special declarantrights under this subsection, he is not subject to any liabilityor obligation as a declarant other than liability for his actsand omissions under subsection 4 of section 448.3-103.
6. Nothing in this section subjects any successor to aspecial declarant right to any claims against or otherobligations of a transferor declarant, other than claims andobligations arising under sections 448.1-101 to 448.4-120 or thedeclaration.
448.3-104. 1. No special declarant rights created orreserved under sections 448.1-101 to 448.4-120 may be transferredexcept by an instrument evidencing the transfer recorded in everycounty in which any portion of the condominium is located. Theinstrument is not effective unless executed by the transferee.
2. Upon transfer of any special declarant right, theliability of a transferor declarant is as follows:
(1) A transferor is not relieved of any obligation orliability arising before the transfer and remains liable forwarranty obligations imposed upon him by sections 448.1-101 to448.4-120. Lack of privity does not deprive any unit owner ofstanding to bring an action to enforce any obligation of thetransferor;
(2) If the successor to any special declarant right is anaffiliate of a declarant, the transferor is jointly and severallyliable with the successor for any obligation or liability of thesuccessor which relates to the condominium;
(3) If a transferor retains any special declarant right, buttransfers other special declarant rights to a successor who isnot an affiliate of the declarant, the transferor is also liablefor any obligations and liabilities relating to the retainedspecial declarant rights, imposed on a declarant by sections448.1-101 to 448.4-120 or by the declaration arising after thetransfer;
(4) A transferor has no liability for any act or omission orany breach of a contractual or warranty obligation arising fromthe exercise of a special declarant right by a successordeclarant who is not an affiliate of the transferor.
3. Unless otherwise provided in a mortgage instrument ordeed of trust, in case of foreclosure of a mortgage, tax sale,judicial sale, sale by a trustee under a deed of trust, or saleunder the federal Bankruptcy Code or receivership proceedings, ofany units owned by a declarant, or real estate in a condominiumsubject to development rights, a person acquiring title to allthe real estate being foreclosed or sold, but only upon hisrequest, succeeds to all special declarant rights related to thatreal estate which are held by that declarant, or only to anyrights reserved in the declaration pursuant to section 448.2-115and held by that declarant to maintain models, sales offices, andsigns. The judgment or instrument conveying title shall providefor transfer of only the special declarant rights requested.
4. Upon foreclosure, tax sale, judicial sale, sale by atrustee under a deed of trust, or sale under the federalBankruptcy Code or receivership proceedings, of all units andother real estate in a condominium owned by a declarant:
(1) The declarant ceases to have any special declarantrights; and
(2) The period of declarant control terminates unless thejudgment or instrument conveying title provides for transfer ofall special declarant rights held by that declarant to asuccessor declarant.
5. The liabilities and obligations of persons who succeed tospecial declarant rights are as follows:
(1) A successor to any special declarant right who is anaffiliate of a declarant is subject to all obligations andliabilities imposed on the transferor by sections 448.1-101 to448.4-120 or by the declaration;
(2) A successor to any special declarant right, other than asuccessor described in subdivision (3) or (4) of this subsection,who is not an affiliate of a declarant, is subject to allobligations and liabilities imposed by sections 448.1-101 to448.4-120 or the declaration:
(a) On a declarant which relate to his exercise ornonexercise of special declarant rights; or
(b) On his transferor, other than:
a. Misrepresentations by any prior declarant;
b. Warranty obligations on improvements made by any previousdeclarant, or made before the condominium was created;
c. Breach of any fiduciary obligation by any previousdeclarant or his appointees to the executive board; or
d. Any liability or obligation imposed on the transferor asa result of the transferor's acts or omissions after thetransfer;
(3) A successor to only a right reserved in the declarationto maintain models, sales offices, and signs, if he is not anaffiliate of a declarant, may not exercise any other specialdeclarant right, and is not subject to any liability orobligation as a declarant, except the obligation to provide anoriginal sale certificate, and any liability arising as a resultthereof;
(4) A successor to all special declarant rights held by histransferor who is not an affiliate of that declarant and whosucceeded to those rights pursuant to a deed in lieu offoreclosure or a judgment or instrument conveying title to unitsunder subsection 3, may declare his intention in a recordedinstrument to hold those rights solely for transfer to anotherperson. Thereafter, until transferring all special declarantrights to any person acquiring title to any unit owned by thesuccessor, or until recording an instrument permitting exerciseof all those rights, that successor may not exercise any of thoserights other than any right held by his transferor to control theexecutive board in accordance with the provisions of subsection 4of section 448.3-103 for the duration of any period of declarantcontrol, and any attempted exercise of those rights is void. Solong as a successor declarant may not exercise special declarantrights under this subsection, he is not subject to any liabilityor obligation as a declarant other than liability for his actsand omissions under subsection 4 of section 448.3-103.
6. Nothing in this section subjects any successor to aspecial declarant right to any claims against or otherobligations of a transferor declarant, other than claims andobligations arising under sections 448.1-101 to 448.4-120 or thedeclaration.
