Title 44, Chapter 3, Section 77
( 44-3-77)
(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 county or counties in which the condominium is
located; (3) A legal description by metes and bounds of the submitted
property, including any horizontal, upper and lower, boundaries as
well as the vertical, lateral, boundaries; (4) A description or delineation of the boundaries of the units,
including any horizontal, upper and lower, boundaries as well as
the vertical, lateral, boundaries; (5) A description or delineation of any limited common elements
showing or designating the unit or units to which each is
assigned; (6) A description or delineation of all common elements which may subsequently be assigned as limited common elements together with a statement that they may be so assigned and a description of the method whereby any such assignments shall be made in accordance with Code Section 44-3-82; (7) The allocation to each unit of an undivided interest in the common elements in accordance with Code Section 44-3-78; (8) The allocation to each unit of a number of votes in the association in accordance with Code Section 44-3-79; (9) The allocation to each unit of a share of the liability for common expenses in accordance with Code Section 44-3-80; (10) Any limitations or restrictions on the powers of the
association and the board of directors; (11) The name and address of the attorney or other person who
prepared the declaration; (12) A statement of any and all restrictions on the general use of
the condominium or a statement that there are no such
restrictions; and (13) Such other matters not inconsistent with this article as the
declarant deems appropriate. (b) If the condominium is an expandable condominium, the declaration
shall also contain the following: (1) The explicit reservation of an option or options to expand the
condominium; (2) A time limit or date not exceeding seven years from the
recording of the declaration upon which all options to expand the
condominium shall expire together with a statement of any
circumstances which will terminate any such option prior to the
expiration of the time limit so specified; provided, however,
that, if the condominium instruments so provide, the unit owners
of units to which two-thirds of the votes in the association
appertain, exclusive of any vote or votes appurtenant to any unit
or units then owned by the declarant, may consent to the extension
of any such option within one year prior to the date upon which
the option would otherwise have expired; (3) A statement of any other limitations on the option or options
or a statement that there are no such limitations; (4) A legal description by metes and bounds of the additional
property, including any horizontal, upper and lower, boundaries as
well as the vertical, lateral, boundaries; (5) A statement as to whether portions of the additional property
may be added to the condominium at different times, together with
any limitations fixing the boundaries of those portions by legal
descriptions setting forth the metes and bounds thereof or
regulating the order in which they may be added to the
condominium, or a statement that there are no such limitations; (6) A statement of any limitations as to the location of any
improvements that may be made on any portions of the additional
property or a statement that there are no such limitations; (7) A statement of the maximum number of units that may be created
on the additional property. If portions of the additional property
may be added to the condominium and the boundaries of those
portions are fixed in accordance with paragraph (5) of this
subsection, the declaration shall also state the maximum number of
units that may be created on each such portion added to the
condominium. If portions of the additional property may be added
to the condominium and the boundaries of those portions are not
fixed in accordance with paragraph (5) of this subsection, then
the declaration shall also state the maximum average number of
units per acre that may be created on any such portion added to
the condominium; (8) With regard to the additional property, a statement of whether
any units may be created therein that may not be restricted
exclusively to residential use and, if so, a statement of the
maximum extent thereof or a limitation as to the extent of such
nonresidential use; (9) A statement of the extent to which any structures erected on
any portion of the additional property added to the condominium
will be compatible with structures on the submitted property in
terms of quality of construction, the principal materials to be
used, and architectural style or a statement that no assurances
are made in those regards; (10) A description of all other improvements that will be made on
any portion of the additional property added to the condominium,
or a statement of any limitations as to what other improvements
may be made thereon, or a statement that no assurances are made in
that regard; (11) A statement that any units created on any portion of the
additional property added to the condominium will be substantially
identical to the units on the submitted property, or a statement
of any limitations as to what types of units may be created
thereon, or a statement that no assurances are made in that
regard; (12) A description of the declarant's reserved right, if any, to
create limited common elements within any portion of the
additional property or to designate common elements therein which
may subsequently be assigned as limited common elements, in terms
of the types, sizes, and maximum number of such limited common
elements within each such portion, or a statement that no
limitations are placed on that right; and (13) A statement of a formula, ratio, or other method whereby,
upon the expansion of any expandable condominium, there shall be
reallocated among the units the undivided interests in the common
elements, the votes in the association, and the liability for
common expenses. Plats or plans may be recorded with the declaration of any amendment
thereto and identified therein to supplement or provide information
required to be furnished pursuant to this subsection; and provided,
further, that paragraph (8) of this subsection need not be complied
with if none of the units on the submitted property are restricted
exclusively to residential use. (c) If the condominium contains any convertible space, the
declaration shall also contain a statement of a formula, ratio, or
other method whereby, upon the conversion of all or any portion of a
convertible space, there shall be allocated among the units created
therefrom such undivided interest in the common elements, such
number of votes in the association, and such liability for common
expenses as previously pertained to such convertible space. (d) If the condominium is a leasehold condominium, with respect to
any ground lease, other lease, or other instrument creating the
estate for years, the expiration or termination of which may
terminate or reduce the condominium, the declaration shall set forth
the county or counties wherein the same are recorded and the deed
book and page number where the first page of each such lease or
other instrument is recorded. The declaration shall also contain the
following: (1) The date upon which such leasehold or estate for years is due
to expire; (2) A statement of whether any property will be owned by the unit
owners in fee simple and, if so, a legal description by metes and
bounds of any such property. With respect to any improvements
owned by the unit owners in fee simple, the declaration shall
contain a statement of any rights the unit owners shall have to
remove the improvements after the expiration or termination of the
leasehold or estate for years involved or a statement that they
shall have no such rights; (3) A statement of the name and address of the person or persons
to whom payments of rent must be made by the unit owners unless
such rent is collected from the unit owners as a part of the
common expenses; and
(4) A statement of the share of liability for payments under any
such lease or other instrument which are chargeable against each
unit. (e) Whenever this Code section requires a legal description by metes
and bounds of submitted property or additional property, such
requirement shall be deemed to include a requirement of a legally
sufficient description of any easements that are submitted to this
article or that may be added to the condominium, as the case may be.
In the case of any such easement, the declaration shall contain the
following: (1) A description of the permitted use or uses; (2) If the benefit of the easement does not inure to all units and
their lawful occupants, a statement of the relevant restrictions
and limitations on utilization; and (3) If any person other than those entitled to occupy any unit may
use the easement, a statement of the rights of others to such use. Notwithstanding any other provision of this subsection, the
foregoing requirements may be satisfied by attaching a true copy of
any such easement to the declaration. (f) Whenever this Code section requires a legal description by metes
and bounds of submitted property or additional property, such
requirement shall be deemed to include a separate legal description
by metes and bounds of all property in which the unit owners
collectively shall or may be tenants in common or joint tenants with
any other persons. No units shall be situated on any such property,
however, and the declaration shall describe the nature of the unit
owners' estate therein. No such property shall be shown on the same
plat or plats showing other portions of the condominium but shall be
shown instead on separate plats unless such property is specifically
shown and labeled as being owned subject to such a tenancy. (g) Wherever this article requires a statement of a method for
allocation or reallocation of undivided interests in the common
elements, votes in the association, and the liability for common
expenses, such method shall be so related to the physical
characteristics of the units affected or otherwise so stated as to
enable any person to determine the interest, vote, or share in such
matters pertaining to any particular unit upon such allocation or
reallocation. Certain spaces within the units, including, without
limitation, attic, basement, and garage space, may but need not be
omitted from such calculation or partially discounted by the use of
a ratio so long as the same basis of calculation is employed for all
units in the condominium. In the event that the declaration
allocates or provides for the allocation to any unit of a different
share of undivided interests in common elements than is allocated
for liability for common expenses, such difference shall be based
upon a good faith estimate of the declarant regarding the
approximate relative maintenance or other costs occasioning such
disparity, and the basis of such determination shall be stated in
the declaration; provided, however, that no unit owner or other
person may require any reallocation on account of any disparity
between actual costs and the determination reflected in the
declaration. Subject to the foregoing sentence of this subsection,
nothing contained in this article shall be construed to require that
the proportions of undivided interest in the common elements, of
votes in the association, or of liability for common expenses
assigned and allocated to each unit be equal, it being intended that
such proportions may be independent. |