CHAPTER 7. DECLARATION
IC 32-25-7
Chapter 7. Declaration
IC 32-25-7-1
Recording declaration; contents
Sec. 1. (a) The owner of the land on which a condominium is
declared shall record with the recorder of the county in which the
land is situated a declaration. Except as provided in section 2 or 3 of
this chapter, the declaration must include the following:
(1) A description of the land on which the building and
improvements are or are to be located.
(2) A description of the building, stating:
(A) the number of stories and basements; and
(B) the number of condominium units.
(3) A description of the common areas and facilities.
(4) A description of the limited common areas and facilities, if
any, stating to which condominium units their use is reserved.
(5) The percentage of undivided interest in the common areas
and facilities appertaining to each condominium unit and its
owner for all purposes, including voting.
(6) A statement of the percentage of votes by the condominium
unit owners required to determine whether to:
(A) rebuild;
(B) repair;
(C) restore; or
(D) sell;
the property if all or part of the property is damaged or
destroyed.
(7) Any covenants and restrictions in regard to the use of:
(A) the condominium units; and
(B) common areas and facilities.
(8) Any further details in connection with the property that:
(A) the person executing the declaration considers desirable;
and
(B) are consistent with this article.
(9) The method by which the declaration may be amended in a
manner consistent with this chapter.
(10) This subdivision applies only to a condominium located on
the shore of a lake located in a township with a population of
more than three thousand one hundred (3,100) but less than
three thousand eight hundred (3,800) located in a county having
a population of more than forty-five thousand (45,000) but less
than forty-five thousand nine hundred (45,900). A statement of
the percentage of votes by the condominium unit owners
required to convey or encumber part or all of the common areas
and facilities. A statement under this subdivision may not allow
less than ninety-five percent (95%) of the condominium unit
owners, or less than ninety-five percent (95%) of the owners of
condominium units not owned by the declarant, to convey or
encumber part or all of the common areas and facilities. If the
declaration does not include a statement under this subdivision,
IC 32-25-4-3.5 applies.
(b) A true copy of the bylaws shall be annexed to and made a part
of the declaration.
(c) The record of the declaration shall contain a reference to the:
(1) book;
(2) page; and
(3) date of record;
of the floor plans of the building affected by the declaration.
As added by P.L.2-2002, SEC.10. Amended by P.L.181-2007, SEC.3.
IC 32-25-7-2
Expandable condominiums; contents of declaration
Sec. 2. (a) If a condominium is an expandable condominium, the
declaration shall contain, in addition to the matters specified in
section 1 of this chapter:
(1) a general plan of development showing:
(A) the property subject to the condominium;
(B) areas into which expansion may be made; and
(C) the maximum number of condominium units in
additional phases that may be added;
(2) a schedule or formula for determining the percentage of
undivided interests in the common areas and facilities that will
appertain to each condominium unit as each additional phase is
added; and
(3) a time limit, not exceeding ten (10) years, within which the
phase or phases may be added to the condominium.
(b) If additional phases are not developed within five (5) years
after the recordation of the declaration, the development of
additional phases is not considered to be part of:
(1) a common scheme; and
(2) development of the entire condominium.
As added by P.L.2-2002, SEC.10.
IC 32-25-7-3
Contractable condominiums; contents of declaration
Sec. 3. If a condominium is a contractable condominium, the
declaration shall contain, in addition to matters specified in section
1 of this chapter:
(1) an explicit reservation of an option to contract the
condominium;
(2) a statement of any limitations on the option to contract the
condominium;
(3) a date, not later than ten (10) years after the recording of the
declaration, upon which the option to contract the condominium
will expire;
(4) a statement of any circumstances that will terminate the
option to contract the condominium before the expiration date
referred to in subdivision (3);
(5) a legally sufficient description of all withdrawable land;
(6) a statement as to whether portions of the withdrawable land
may be withdrawn from the condominium at different times;
and
(7) a statement of any limitations:
(A) fixing the boundaries of portions of the withdrawable
land; or
(B) regulating the order in which the portions may be
withdrawn.
As added by P.L.2-2002, SEC.10.
IC 32-25-7-4
Floor plans
Sec. 4. (a) Simultaneously with the recording of the declaration,
a set of floor plans of the condominium or building shall be filed in
the office of the county recorder. The set of floor plans must include
the following:
(1) The relation of the condominium or building to lot lines.
(2) The:
(A) layout;
(B) elevation;
(C) location;
(D) unit numbers; and
(E) dimensions;
of the condominium units.
(3) The name of the condominium or building, or that it has no
name.
(4) The verified statement of a registered architect or licensed
professional engineer certifying that the set of floor plans is an
accurate copy of portions of the plans of the building as filed
with and approved by the municipal or other governmental
subdivision having jurisdiction over the issuance of permits for
the construction of buildings.
(b) If the set of floor plans referred to in subsection (a) does not
include a verified statement by an architect or engineer that the plans
fully and accurately depict the layout, location, unit numbers, and
dimensions of the condominium units as built, an amendment to the
declaration must be recorded before the first conveyance of any
condominium unit. The amendment to the declaration must have
attached to it a verified statement of a registered architect or licensed
professional engineer certifying that the filed set of floor plans or the
set of floor plans being filed simultaneously with the amendment
fully and accurately depicts the layout, location, unit numbers, and
dimensions of the condominium units as built. The set of floor plans
shall:
(1) be kept by the recording officer in a separate file for each
building;
(2) be indexed in the same manner as a conveyance entitled to
be recorded;
(3) be numbered serially in the order of receipt;
(4) be designated "condominium unit ownership", with the
name of the building, if any; and
(5) contain a reference to the:
(A) book;
(B) page; and
(C) date of recording;
of the amendment to the declaration.
(c) The record of the amendment to the declaration referred to in
subsection (b) shall contain a reference to the file number of the set
of floor plans of the building affected by the amendment to the
declaration.
As added by P.L.2-2002, SEC.10.
IC 32-25-7-5
Designation; conveyance
Sec. 5. (a) Each condominium unit in a building shall be
designated, on the set of floor plans referred to in section 4 of this
chapter, by letter, number, or other appropriate designation.
(b) Any instrument recognized by the state for the conveyance or
transfer of interests in title, which describes the apartment by using
the designation referred to in subsection (a) followed by the words
"in (name) Condominium as recorded in Book _______, p. __, under
the date of ________, _____, of the records of __________ County,
Indiana", is considered to contain a good and sufficient description
for all purposes.
(c) Any conveyance or transfer of interest in title of a
condominium unit is considered also to convey the undivided
interests of the owner in the common areas and facilities, both
general and limited, appertaining to the condominium unit without
specifically or particularly referring to the undivided interests. The:
(1) contents;
(2) form;
(3) method of preparation;
(4) recording of an instrument of conveyance; and
(5) interpretation of an instrument of conveyance;
are governed by the law of Indiana relating to real property.
(d) Each instrument or deed of conveyance also shall include the
following:
(1) A statement of the use for which the condominium unit is
intended.
(2) A statement of the restrictions on the use of the
condominium unit.
(3) The percentage of undivided interest appertaining to the
condominium unit in the common areas and facilities.
(4) The amount of any unpaid current or delinquent assessments
of common expenses.
(5) Any other details and restrictions that:
(A) the grantor and grantee consider desirable; and
(B) are consistent with the declaration.
(e) Failure to make a statement in the deed as required by
subsection (d)(4) does not:
(1) invalidate the title conveyed by the deed; or
(2) absolve a grantee under the deed from liability for any
unpaid current or delinquent assessments of common expenses
against a condominium unit on the date of its conveyance.
(f) Upon the request of a:
(1) condominium unit owner;
(2) prospective grantee;
(3) title insurance company; or
(4) mortgagee;
the secretary or other authorized officer of the association of
co-owners shall provide, within five (5) days of the request, a
statement of the amount of current and delinquent assessments of
common expenses against a particular condominium unit.
As added by P.L.2-2002, SEC.10.
IC 32-25-7-6
Presumption of consent to changes; reallocation of interests in
common area; liens
Sec. 6. (a) Except as provided in subsection (b), if the declaration
for a condominium is in conformity with section 2 of this chapter, it
is presumed that any owner of a condominium unit in that
condominium has consented to the changes in the percentage of
undivided interest in the common areas and facilities appertaining to
the owner's unit.
(b) An owner of a condominium unit who entered an agreement
to purchase that unit before the recordation of the declaration may
not be presumed to have consented to the changes referred to in
subsection (a) unless the owner:
(1) was provided a copy of:
(A) the expansion provisions; or
(B) the declaration; and
(2) made a written acknowledgment of the receipt of the
provisions before entering the purchase agreement.
(c) The reallocation of percentage of undivided interests in the
common areas and facilities vests when the amendment to the
declaration incorporating the reallocated percentages is recorded.
(d) When the amendment to the declaration incorporating:
(1) the addition of condominium units;
(2) the expansion of common areas and facilities; or
(3) both addition and expansion as described in subdivisions (1)
and (2);
is recorded, all liens, including mortgage liens, are released as to the
percentage of undivided interests in the common areas and facilities
described in the declaration (before amendment of the declaration)
and shall attach to the reallocated percentage of undivided interests
in the common areas and facilities described in the amendment to the
declaration as though the liens had attached to those percentage
interests on the date of the recordation of the mortgage or other
document that evidences the creation of the lien. The percentage
interest in the common areas and facilities appertaining to additional
condominium units being added by the amendment to the declaration
are subject to mortgage liens and other liens upon the recordation of
the amendment to the declaration.
As added by P.L.2-2002, SEC.10.