55-79.54 - Contents of declaration.
§ 55-79.54. Contents of declaration.
(a) The declaration for every condominium shall contain the following:
(1) The name of the condominium, which name shall include the word"condominium" or be followed by the words "a condominium."
(2) The name of the city or county in which the condominium is located.
(3) A legal description by metes and bounds of the land submitted to thischapter.
(4) A description or delineation of the boundaries of the units, includingthe horizontal (upper and lower) boundaries, if any, as well as the vertical(lateral or perimetric) boundaries.
(5) A description or delineation of any limited common elements, other thanthose which are limited common elements by virtue of subsection (e) of §55-79.50, showing or designating the unit or units to which each is assigned.
(6) A description or delineation of all common elements not within theboundaries of any convertible lands which may subsequently be assigned aslimited common elements, together with a statement that (i) they may be soassigned and a description of the method whereby any such assignments shallbe made in accordance with the provisions of § 55-79.57 or (ii) onceassigned, the conditions under which they may be unassigned and converted tocommon elements in accordance with § 55-79.57.
(7) The allocation to each unit of an undivided interest in the commonelements in accordance with the provisions of § 55-79.55.
(7a) A statement of the extent of the declarant's obligation to completeimprovements labeled "(NOT YET COMPLETED)" or to begin and completeimprovements labeled "(NOT YET BEGUN)" on plats recorded pursuant to therequirements of this chapter. Such statement shall be specific as to the typeand quality of materials to be used, the size or capacity of theimprovements, when material, and the time by which such improvements shall becompleted.
(8) Such other matters as the declarant deems appropriate.
(b) If the condominium contains any convertible land, the declaration shallalso contain the following:
(1) A legal description by metes and bounds of each convertible land withinthe condominium.
(2) A statement of the maximum number of units that may be created withineach such convertible land.
(3) A statement, with respect to each such convertible land, of the maximumpercentage of the aggregate land and floor area of all units that may becreated therein that may be occupied by units not restricted exclusively toresidential use.
(4) A statement of the extent to which any structure erected on anyconvertible land will be compatible with structures on other portions of thesubmitted land in terms of quality of construction, the principal materialsto be used, and architectural style.
(5) A description of all other improvements that may be made on eachconvertible land within the condominium.
(6) A statement that any units created within each convertible land will besubstantially identical to the units on other portions of the submitted land,or a statement describing in detail what other types of units may be createdtherein.
(7) A description of the declarant's reserved right, if any, to createlimited common elements within any convertible land, and/or to designatecommon elements therein which may subsequently be assigned as limited commonelements, in terms of the types, sizes, and maximum number of such elementswithin each such convertible land.
Provided, that plats and plans may be recorded with the declaration andidentified therein to supplement information furnished pursuant to items (1),(4), (5), (6) and (7) of this subsection, and that item (3) of thissubsection need not be complied with if none of the units on other portionsof the submitted land are restricted exclusively to residential use.
(c) If the condominium is an expandable condominium, the declaration shallalso contain the following:
(1) The explicit reservation of an option to expand the condominium.
(2) A statement of any limitations on that option, including, withoutlimitation, a statement as to whether the consent of any unit owners shall berequired, and if so, a statement as to the method whereby such consent shallbe ascertained; or a statement that there are no such limitations.
(3) A time limit, not exceeding seven 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. After theexpiration of any period of declarant control reserved pursuant to subsection(a) of § 55-79.74, such time limit may be extended by an amendment to thedeclaration made pursuant to § 55-79.71.
(4) A legal description by metes and bounds of all land that may be added tothe condominium, henceforth referred to as "additional land."
(5) A statement as to whether, if any of the additional land is added to thecondominium, all of it or any particular portion of it must be added, and ifnot, a statement of any limitations as to what portions may be added or astatement that there are no such limitations.
(6) A statement as to whether portions of the additional land may be added tothe condominium at different times, together with any limitations fixing theboundaries of those portions by legal descriptions setting forth the metesand bounds thereof and/or regulating the order in which they may be added tothe condominium.
(7) A statement of any limitations as to the locations of any improvementsthat may be made on any portions of the additional land added to thecondominium, or a statement that no assurances are made in that regard.
(8) A statement of the maximum number of units that may be created on theadditional land. If portions of the additional land may be added to thecondominium and the boundaries of those portions are fixed in accordance withitem (6) of this subsection, the declaration shall also state the maximumnumber of units that may be created on each such portion added to thecondominium. If portions of the additional land may be added to thecondominium and the boundaries of those portions are not fixed in accordancewith item (6) of this subsection, then the declaration shall also state themaximum number of units per acre that may be created on any such portionadded to the condominium.
(9) A statement, with respect to the additional land and to any portion orportions thereof that may be added to the condominium, of the maximumpercentage of the aggregate land and floor area of all units that may becreated thereon that may be occupied by units not restricted exclusively toresidential use.
(10) A statement of the extent to which any structures erected on any portionof the additional land added to the condominium will be compatible withstructures on the submitted land in terms of quality of construction, theprincipal materials to be used, and architectural style, or a statement thatno assurances are made in those regards.
(11) A description of all other improvements that will be made on any portionof the additional land added to the condominium, or a statement of anylimitations as to what other improvements may be made thereon, or a statementthat no assurances are made in that regard.
(12) A statement that any units created on any portion of the additional landadded to the condominium will be substantially identical to the units on thesubmitted land, or a statement of any limitations as to what types of unitsmay be created thereon, or a statement that no assurances are made in thatregard.
(13) A description of the declarant's reserved right, if any, to createlimited common elements within any portion of the additional land added tothe condominium, and/or to designate common elements therein which maysubsequently be assigned as limited common elements, in terms of the types,sizes, and maximum number of such elements within each such portion, or astatement that no assurances are made in those regards.
Provided, that plats and plans may be recorded with the declaration andidentified therein to supplement information furnished pursuant to items (4),(5), (6), (7), (10), (11), (12) and (13) of this subsection, and that item(9) of this subsection need not be complied with if none of the units on thesubmitted land are restricted exclusively to residential use.
(d) If the condominium is a contractable condominium, the declaration shallalso contain the following:
(1) The explicit reservation of an option to contract the condominium.
(2) A statement of any limitations on that option, including, withoutlimitation, a statement as to whether the consent of any unit owners shall berequired, and if so, a statement as to the method whereby such consent shallbe ascertained; or a statement that there are no such limitations.
(3) A time limit, not exceeding seven years from the recording of thedeclaration, upon which the option to contract 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.
(4) A legal description by metes and bounds of all land that may be withdrawnfrom the condominium, henceforth referred to as "withdrawable land."
(5) A statement as to whether portions of the withdrawable land may bewithdrawn from the condominium at different times, together with anylimitations fixing the boundaries of those portions by legal descriptionssetting forth the metes and bounds thereof and/or regulating the order inwhich they may be withdrawn from the condominium.
(6) A legal description by metes and bounds of all of the submitted land towhich the option to contract the condominium does not extend.
Provided, that plats may be recorded with the declaration and identifiedtherein to supplement information furnished pursuant to items (4), (5) and(6) of this subsection, and that item (6) of this subsection shall not beconstrued in derogation of any right the declarant may have to terminate thecondominium in accordance with the provisions of § 55-79.72:1.
(e) If the condominium is a leasehold condominium, then with respect to anyground lease or other leases the expiration or termination of which will ormay terminate or contract the condominium, the declaration shall set forththe city or county wherein the same are recorded and the deed book and pagenumber where the first page of each such lease is recorded; and thedeclaration shall also contain the following:
(1) The date upon which each such lease is due to expire.
(2) A statement as to whether any land and/or improvements will be owned bythe unit owners in fee simple, and if so, either (a) a description of thesame, including without limitation a legal description by metes and bounds ofany such land, or (b) a statement of any rights the unit owners shall have toremove such improvements within a reasonable time after the expiration ortermination of the lease or leases involved, or a statement that they shallhave no such rights.
(3) A statement of the rights the unit owners shall have to redeem thereversion or any of the reversions, or a statement that they shall have nosuch rights.
Provided, that after the recording of the declaration, no lessor who executedthe same, and no successor in interest to such lessor, shall have any rightor power to terminate any part of the leasehold interest of any unit ownerwho makes timely payment of his share of the rent to the person or personsdesignated in the declaration for the receipt of such rent and who otherwisecomplies with all covenants which, if violated, would entitle the lessor toterminate the lease. Acquisition or reacquisition of such a leaseholdinterest by the owner of the reversion or remainder shall not cause a mergerof the leasehold and fee simple interests unless all leasehold interests inthe condominium are thus acquired or reacquired.
(f) Wherever this section requires a legal description by metes and bounds ofland that is submitted to this chapter or that may be added to or withdrawnfrom the condominium, such requirement shall be deemed satisfied by anylegally sufficient description and shall be deemed to require a legallysufficient description of any easements that are submitted to this chapter orthat may be added to or withdrawn from the condominium, as the case may be.In the case of each such easement, the declaration shall contain thefollowing:
(1) A description of the permitted use or uses.
(2) If less than all of those entitled to the use of all of the units mayutilize such easement, a statement of the relevant restrictions andlimitations on utilization.
(3) If any persons other than those entitled to the use of the units mayutilize such easement, a statement of the rights of others to utilization ofthe same.
(g) Wherever this section requires a legal description by metes and bounds ofland that is submitted to this chapter or that may be added to or withdrawnfrom the condominium, an added requirement shall be a separate legallysufficient description of all lands in which the unit owners shall or may betenants in common or joint tenants with any other persons, and a separatelegally sufficient description of all lands in which the unit owners shall ormay be life tenants. No units shall be situated on any such lands, however,and the declaration shall describe the nature of the unit owners' estatetherein. No such lands shall be shown on the same plat or plats showing otherportions of the condominium, but shall be shown instead on separate plats.
(1974, c. 416; 1975, c. 415; 1977, c. 428; 1982, c. 545; 1993, c. 667; 1998,c. 32.)