58-3111. Contents of declaration.
58-3111
58-3111. Contents of declaration.The declaration shall contain the following particulars:
1. Description of the land submitted to the provisions of this act.
2. Description of the condominium units or apartments which areconstructed or are to be constructed.
3. The apartment number of each apartment or condominium unit, and astatement of its location, approximate area, number of rooms, and immediatecommon area to which it has access, and any other data necessary for itsproper identification.
4. Description of the common areas and facilities.
5. Description of the limited common areas and facilities, if any,stating to which apartments or condominium units their use is reserved.
6. The undivided interest in the common areas and facilitiesappertaining to each apartment or condominium unit and its owner for allpurposes, including voting, and the method and formula by which theundivided interests in the common areas and facilities may be reallocatedand altered consistent with the provisions of this act.
7. Statement of the purposes for which the building and each of theapartments or condominium units are intended and restricted as to use.
8. The name of a person to receive service of process in the caseshereinafter provided, together with the residence or place of business ofsuch person which shall be within the city or county in which the buildingor buildings are located.
9. Provision as to the percentage of votes by the apartment owners whichshall be determinative of whether to rebuild, repair, restore, or sell theproperty in the event of damage or destruction of all or part of theproperty.
10. Any further details in connection with the property which the personexecuting the declaration may deem desirable to set forth consistent withthis act.
11. The method by which the declaration may be amended, consistent withthe provisions of this act.
12. If the condominium contains any convertible land the declarationshall also contain the following:
(a) A legal description of all convertible land within the condominium.
(b) A statement of the maximum number of condominium units that may becreated within such convertible land.
(c) A statement of the extent to which any structure erected on anyconvertible land will be compatible with structures on other portions ofthe submitted land in terms of quality in construction, the principalmaterials to be used, and architectural style.
(d) A description of all other improvements that may be made on allconvertible land within the condominium.
(e) A statement that any condominium units constructed on allconvertible land will be substantially identical to the condominium unitson other portions of the submitted land, or a statement describing whatother types of units may be created thereon.
(f) A description of the declarant's reserved right if any to createlimited common areas and facilities within any convertible land.
13. If the condominium is an expandable condominium the declarationshall also contain the following:
(a) The reservation of an option to expand the condominium.
(b) A statement of any limitations on that option, including, withoutlimitation, a statement as to whether the consent of any condominium unitowners shall be required, and if so, a statement as to the method wherebysuch consent shall be ascertained; or a statement that there are no suchlimitations.
(c) Time limit, not exceeding seven (7) years from the recording of thedeclaration, upon which the option to expand the condominium shall expire,together with a statement of the circumstances, if any which will terminatethat option prior to the expiration of the time limit so specified.
(d) A legal description of all land that may be added to thecondominium.
(e) A statement as to whether, if any of the additional land is added tothe condominium, all of it or any particular portion of it must be added,and if not, a statement of any limitations as to what portions may be addedor a statement that there are no such limitations.
(f) A statement as to whether portions of the additional land may beadded to the condominium at different times, together with any limitations,fixing the boundaries of those portions by legal descriptions.
(g) A statement of any limitations as to the locations of anyimprovements that may be made on any portions of the additional land addedto the condominium or a statement that no assurances are made in thatregard. A summary statement of the extent to which any structures erectedon a portion of the additional land added to the condominium will becompatible with structures on the submitted land in terms of quality ofconstruction, the principal materials to be used, and architectural style,or a statement that no assurances are made in those regards.
(h) A description of all other improvements that will be made on anyportion of the additional land added to the condominium, or a statement ofany limitations as to what other improvements may be made thereon, or astatement that no assurances are made in that regard.
(i) A statement that any units created on any portion of the additionalland added to the condominium will be substantially identical to the unitson the submitted land, or a statement of any limitations as to what typesof units may be created thereon, or a statement that no assurances are madein that regard.
(j) A description of the declarant's reserve right, if any, to createlimited common areas and facilities within any portion of the additionalland added to the condominium.
History: L. 1963, ch. 329, § 11; L. 1975, ch. 297, §4; July 1.