TITLE 70. PROPERTY

CHAPTER 23. UNIT OWNERSHIP ACT -- CONDOMINIUMS

Part 9. Actions and Process

Actions -- Service Of Process

70-23-901. Actions -- service of process. (1) Actions may be brought on behalf of two or more of the unit owners, as their respective interests may appear, by the manager with respect to any cause of action relating to the common elements or more than one unit.

(2) Service of process on two or more unit owners, in any action relating to the common elements or more than one unit, may be made on the person designated in the declaration to receive service of process or in duplicate on the recording officer of the county in which the declaration is filed. The recording officer shall promptly send a copy of the document served by certified or registered mail to the person designated in the declaration to receive service of process.

(3) At the time of service on the recording officer, the serving party shall pay to the recording officer a fee of $10 which shall be a taxable disbursement.

History: En. Sec. 38, Ch. 120, L. 1965; R.C.M. 1947, 67-2338.