Sec. 47-228. Surveys and plans.
Sec. 47-228. Surveys and plans. (a) Surveys and plans are required for condominiums and planned communities, but are not required for cooperatives. Any surveys and
plans are a part of the declaration. Separate surveys and plans are not required by this
chapter if all the information required by this section is contained in either a survey or
plan. Each survey and plan shall be clear and legible and contain a certification that the
survey or plan contains all information required by this section.
(b) Each survey shall show or project: (1) The name and a survey or general schematic map of the entire common interest community; (2) the location and dimensions
of all real property not subject to development rights, or subject only to the development
right to withdraw, and the location and dimensions of all existing improvements within
that real property; (3) a legally sufficient description of any real property subject to
development rights, labeled to identify the rights applicable to each parcel; (4) the extent
of any encroachments by or on any portion of the common interest community; (5) to
the extent feasible, a legally sufficient description of all easements serving or burdening
any portion of the common interest community; (6) except as provided in subsection
(h) of this section, the approximate location and dimensions of any vertical unit boundaries not shown or projected on plans recorded pursuant to subsection (d) of this section
and that unit's identifying number; (7) except as provided in subsection (h) of this section, the approximate location with reference to an established datum of any horizontal
unit boundaries not shown or projected on plans recorded pursuant to subsection (d) of
this section and that unit's identifying number; (8) a legally sufficient description of
any real property in which the unit owners will own only an estate for years, labeled as
"leasehold real property"; (9) the distance between noncontiguous parcels of real property comprising the common interest community; (10) the approximate location and
dimensions of any porches, decks, balconies, garages or patios allocated as limited
common elements and show or contain a narrative description of any other limited
common elements; and (11) in the case of real property not subject to development
rights, all other matters customarily shown on land surveys.
(c) A survey may also show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the common interest community.
Any contemplated improvement shown shall be labeled either "MUST BE BUILT" or
"NEED NOT BE BUILT".
(d) Except as provided in subsection (h) of this section, to the extent not shown or
projected on the surveys, plans of the units shall show or project: (1) The approximate
location and dimensions of the vertical boundaries of each unit, and that unit's identifying number; (2) the approximate location of any horizontal unit boundaries, with
reference to an established datum, and that unit's identifying number; and (3) the approximate location of any units in which the declarant has reserved the right to create additional units or common elements identified appropriately.
(e) Unless the declaration provides otherwise, the horizontal boundaries of part of
a unit located outside a building have the same elevation as the horizontal boundaries
of the inside part and need not be depicted on the surveys and plans.
(f) On exercising any development right, the declarant shall record either new surveys and plans necessary to conform to the requirements of subsections (a), (b) and (d)
of this section, or new certifications of surveys and plans previously recorded if those
surveys and plans otherwise conform to the requirements of those subsections.
(g) Any certification of a survey or plan required by this section shall be made by
a licensed surveyor, architect, engineer or landscape architect and such certification
shall be made in accordance with chapter 390, 391 or 396.
(h) Surveys and plans need not show the location and dimensions of the units'
boundaries or their limited common elements if:
(1) The survey shows the location and dimensions of all buildings containing or
comprising the units; and
(2) The declaration includes other information that shows the approximate layout
of the units in those buildings and contains a narrative or graphic description of the
limited common elements allocated to those units.
(P.A. 83-474, S. 29, 96; P.A. 86-218, S. 1; P.A. 95-187, S. 10.)
History: P.A. 86-218 amended Subsec. (g) by replacing "registered" with "licensed", authorizing certification by a
landscape architect, and requiring certification to be made in accordance with chapter 390, 391 or 396; P.A. 95-187 amended
Subsec. (b) to require survey to show "or project" the enumerated items, add in Subdivs. (6) and (7) "except as provided
in subsection (h) of this section" and "approximate" and revise Subdiv. (10) by replacing "the approximate location and
dimensions of limited common elements not shown or projected on plans recorded pursuant to subsection (d), including
porches, balconies and patios, other than parking spaces and the other limited common elements described in subsections
(2) and (4) of section 47-221" with "the approximate location and dimensions of any porches, decks, balconies, garages
or patios allocated as limited common elements and show or contain a narrative description of any other limited common
elements", amended Subsec. (d) to add "Except as provided in subsection (h) of this section," add in Subdiv. (1) "approximate", add in Subdivs. (2) and (3) "the approximate location" and delete Subdiv. (4) re the approximate location and
dimensions of limited common elements and added Subsec. (h) re when surveys and plans need not show the location and
dimensions of the units' boundaries or their limited common elements.
Trial court finding affirmed that defendant failed to reserve developmental rights in accordance with section because
amended surveys were illegible and did not contain information that sufficiently described the property. 58 CA 217.
Subsec. (e):
Cited. 207 C. 441.