§ 34-36-10 - Declaration – Recording.
SECTION 34-36-10
§ 34-36-10 Declaration – Recording.– The owner or developer of a condominium project shall, prior to the conveyanceof any unit, record a declaration containing covenants, conditions, andrestrictions relating to the project, which shall be enforceable equitableservitudes where reasonable, and shall run with the land. Such servitudesunless otherwise provided, may be enforced by any unit owner, and his or hersuccessors in interest, and may contain, among other things, the followingparticulars:
(1) A description of the land on which the building andimprovements are or are to be located.
(2) A description of the building, stating the number ofstories and basements and the number of units and the principal materials ofwhich it is or is to be constructed.
(3) The unit number of each unit, and a statement of itslocation, approximate areas, number of rooms, and immediate common area towhich it has access, and any other data necessary to its proper identification.
(4) A description of the common areas and facilities.
(5) A description of the limited common areas and facilities,if any, stating to which units such use is reserved.
(6) The value of the property and of each unit, and thepercentage of undivided interest in the common areas and facilities appurtenantto each unit and its owner for all purposes, including voting.
(7) A statement of the purposes for which the building andeach of its units are intended and restricted as to use.
(8) The name of a person to receive service of process, inthe cases described in this chapter, together with the residence or place ofbusiness of the person which shall be within the city or county in which thebuilding is located.
(9) Provisions, not inconsistent with this chapter, as to thepercentage of votes by the unit owners which shall be determinative of whetherto rebuild, repair, restore, or sell the property in the event of damage ordestruction of all or part of the property, or of any other question.
(10) The method by which the declaration may be amendedconsistent with the provisions of this chapter.
(11) Any further matters in connection with the propertywhich the person or persons executing the declaration may deem desirable to setforth consistent with this chapter.