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Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 448

Effective - 28 Aug 1983bottom

  448.030.  Declaration, contents — amendments. — 1.  The declaration shall set forth the following particulars:

  (1)  The legal description of the parcel or parcels;

  (2)  The legal description of each unit, which may consist of the identifying number or symbol of the unit as shown on the plat;

  (3)  The percentage of ownership interest in the common elements allocated to each unit.  The percentages shall be computed by taking as a basis the value of each unit in relation to the value of the property as a whole, and having once been determined and set forth as herein provided, such percentages shall remain constant unless thereafter changed by agreement of all unit owners; except that, if there is a change in the number of units or in the size or dimensions of any units, the developer shall determine the changes required in the percentages of ownership by virtue of the changes in the number of units or in the size or dimensions of any units, and shall file of record in the office of the recorder of deeds in which the declaration was filed an instrument setting forth the changes in percentages of ownership;

  (4)  Such other lawful provisions not inconsistent with the provisions of sections 448.005 to 448.210 as the owners or developers may deem desirable in order to promote and preserve the cooperative aspect of ownership of the property and to facilitate the proper administration thereof.

  2.  The developer with the consent of all unit owners may file an amendment or amendments to the declaration to include an additional parcel or parcels or to delete any parcel or portion thereof and to change the number of units and to amend the percentage of ownership interests in the common elements allocated to each unit, but no amendment shall be made to include a parcel or parcels which are not contiguous to the parcel or parcels described in either the original declaration or amendments thereto.  Parcels shall be considered to be contiguous although separated by roads or easements.

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(L. 1963 p. 648 § 4, A.L. 1969 H.B. 767, A.L. 1983 H.B. 177)


---- end of effective   28 Aug 1983 ----

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