66-27-309 - Plats and plans.
66-27-309. Plats and plans.
(a) Plats and plans are a part of the declaration. Separate plats and plans are not required by part 2, this part and parts 4 and 5 of this chapter if all the information required by this section is contained in either a plat or plan. Each plat and plan must be clear and legible and must contain all information required by this section. The plat or plan, or both, can be attached to the declaration and incorporated in the declaration, or it or they may be referenced in the declaration and recorded in a plat book at the appropriate register's office. In either event, the plat or plats, plan or plans, or both, shall be deemed acceptable for recording without further action if it or they comply with this section. Each plat or plan must be clear and legible and contain a certification that the plat or plan contains all information required by this section.
(b) Each plat must show:
(1) The name and a survey or general schematic map of the entire condominium;
(2) The location and dimensions of all real estate not subject to development rights, or subject only to the development right to withdraw, and the location of all existing improvements within that real estate;
(3) A legally sufficient description of any real estate subject to development rights, labeled to identify the rights applicable to each parcel;
(4) The extent of any encroachments by or upon any portion of the condominium;
(5) To the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the condominium;
(6) The location and dimensions of any vertical unit boundaries not shown or projected on plans recorded pursuant to subsection (d) and that unit's identifying number;
(7) The location, with reference to an established datum, floor number, elevation, or other appropriate means of designation of any horizontal unit boundaries not shown or projected on plans recorded pursuant to subsection (d) and that unit's identifying number;
(8) A legally sufficient description of any real estate in which the unit owners will own only an estate for years, labeled as leasehold real estate;
(9) The distance between noncontiguous parcels of real estate comprising the condominium; and
(10) Limited common elements, consisting of porches, balconies and patios.
(c) A plat may also show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the condominium. Any contemplated improvement shown must be built or labeled NEED NOT BE BUILT.
(d) To the extent not shown or projected on the plats or disclosed in the declaration, plans of the units must show or project:
(1) The location and dimensions of the vertical boundaries of each unit, and that unit's identifying number;
(2) Any horizontal unit boundaries, either by floor number, elevation, or other appropriate means of designation, and that unit's identifying number; and
(3) To the extent not disclosed in the declaration, any units in which the declarant has reserved the right to create additional units or common elements pursuant to § 66-27-310(c), identified appropriately.
(e) Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside of a building have the same elevation as the horizontal boundaries of the inside part, and need not be depicted on the plats and plans.
(f) Upon exercising any development right, the declarant shall record either new plats and plans necessary to conform to the requirements of subsections (a), (b) and (d), or new certifications of plats and plans previously recorded if those plats and plans otherwise conform to the requirements of subsections (a), (b) and (d).
(g) Any certification of a plat or plan required by this section must be made and signed in original by an independent, registered surveyor, architect or engineer, or combination of independent, registered surveyor, architect and engineer.
[Acts 2008, ch. 766, § 1.]