Section 448.2-105

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 448

Effective - 28 Aug 1983   

  448.2-105.  Contents of declaration. — 1.  The declaration for a condominium shall contain:

  (1)  The name of the condominium, which shall include the word "condominium" or be followed by the words "a condominium", and the association;

  (2)  The name of every county in which any part of the condominium is situated;

  (3)  A legally sufficient description of the real estate included in the condominium;

  (4)  A statement of the maximum number of units which the declarant reserves the right to create;

  (5)  A description of the boundaries of each unit created by the declaration, including each unit's identifying number;

  (6)  A description of any limited common elements, other than those specified in subdivisions (2) and (4) of section 448.2-102, as provided in section 448.2-109;

  (7)  A description of any real estate, except real estate subject to development rights, which may be allocated subsequently as limited common elements, other than limited common elements specified in subdivisions (2) and (4) of section 448.2-102, together with a statement that they may be so allocated;

  (8)  A description of any development rights and other special declarant rights reserved by the declarant, together with a legally sufficient description of the real estate to which each of those rights applies, and a time limit within which each of those rights shall be exercised;

  (9)  If any development right may be exercised with respect to different parcels of real estate at different times, a statement to that effect, together with (a) either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right, or a statement that no assurances are made in those regards, and (b) a statement as to whether, if any development right is exercised in any portion of the real estate subject to that development right, that development right shall be exercised in all or in any other portion of the remainder of that real estate;

  (10)  Any other conditions or limitations under which the rights described in subdivision (8) of this section may be exercised or will lapse;

  (11)  An allocation to each unit of the allocated interests in the manner described in section 448.2-107;

  (12)  Any restrictions on use, occupancy, and alienation of the units;

  (13)  The recording data for recorded easements and licenses appurtenant to or included in the condominium or to which any portion of the condominium is or may become subject by virtue of a reservation in the declaration; and

  (14)  All matters required by sections 448.2-106, 448.2-107, 448.2-108, 448.2-109, 448.2-115, and 448.2-116 and subsection 4 of section 448.3-103.

  2.  The declaration may contain any other matters the declarant deems appropriate.

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(L. 1983 H.B. 177)