Title 44, Chapter 3, Section 83
( 44-3-83)
(a) Prior to the first conveyance of a condominium unit, there shall
be recorded one or more plats of survey showing the location and
dimensions of the submitted property; the location and dimensions of
all structural improvements located on any portion of the submitted
property; the intended location and dimensions of all contemplated
structural improvements committed to be provided by the declaration
on any portion of the submitted property; and, to the extent
feasible, the location and dimensions of all easements appurtenant
to the submitted property or otherwise submitted to this article as
part of the common elements. With respect to all such structural
improvements, the plats shall indicate which, if any, have not been
begun by use of the phrase "NOT YET BEGUN." No structural
improvement which contains or constitutes all or part of any unit or
units and which is located on any portion of the submitted property
shall be commenced on any portion of the submitted property after
the recording of the plats. The declarant shall complete all
structural improvements depicted on the plats, subject only to such
limitations, if any, as may be expressly stated in the declaration
with respect to those labeled "NOT YET BEGUN" on the plats, provided
that, within six months after written notice from the association,
the declarant shall be obligated to complete within a reasonable
time every structural improvement actually commenced on the
submitted property, notwithstanding any provision of the
declaration, unless the declarant removes within a reasonable time
all portions of any such structural improvement and restores the
surface of the land affected thereby to substantially the same
condition as that which existed prior to commencement of any such
structural improvement; and provided, further, that nothing
contained in this sentence shall exempt the declarant from any
contractual liability to complete any such structural improvement.
If the submitted property consists of noncontiguous parcels, the
plats shall indicate the approximate distances between such parcels
unless such information is disclosed in the declaration. If, with
respect to any portion or portions, but less than all, of the
submitted property, the unit owners are to own only a leasehold or
estate for years, the plats shall show the location and dimensions
of any such portion or portions and shall label each such portion by
use of the phrase "LEASED LAND." To the extent feasible, the plats
shall show all easements to which the submitted property or any
portion thereof is subject. The plats shall also show all
encroachments by or on any operation of the submitted property. In
the case of any units which have vertical boundaries lying wholly or
partially outside of structures for which plans pursuant to
subsection (b) of this Code section are recorded, the plats shall
show the location and dimensions of the vertical boundaries to the
extent that they are not shown on the plans; and the units or
portions thereof thus depicted shall bear their identifying numbers.
Each plat shall be certified as to its accuracy and compliance with
this subsection by a registered land surveyor. The specification
within this subsection of items that shall be shown on the plats
shall not be construed to mean that the plats shall not also show
all other items customarily shown or required by law to be shown for
land title surveys. (b) There shall be recorded prior to the first conveyance of a
condominium unit: (1) Plans which have been prepared, signed, and sealed by a
registered architect or registered engineer of every structure
which contains or constitutes all or part of any unit or units
located on or within any portion of the submitted property, which
plans shall show: (A) The location and dimensions of the exterior walls and roof
of such structures; (B) The walls, partitions, floors, and ceilings as constitute
the horizontal boundaries, if any, and the vertical boundaries
of each unit, including convertible space, to the extent that
such boundaries lie within or coincide with the boundaries of
such structures; and (C) The identifying numbers of all units or portions thereof
depicted on the plans; and (2) A certification by such architect or engineer to the effect
that he has visited the site and viewed the property and that, to
the best of his knowledge, information, and belief: (A) The exterior walls and roof of each structure are in place
as shown on the plans; and (B) Such walls, partitions, floors, and ceilings, to the extent
shown on said plans, as constitute the horizontal boundaries, if
any, and the vertical boundaries of each unit, including
convertible space, have been sufficiently constructed so as to
establish clearly the physical boundaries of such unit. In addition, each convertible space depicted in the plans shall be
labeled as such by use of the phrase "CONVERTIBLE SPACE." Unless
the condominium instruments expressly provide otherwise, it shall be
presumed that, in the case of any unit not wholly contained within
or constituting one or more of the structures, the horizontal
boundaries extend, in the case of each unit, at the same elevation
with regard to any part of such unit lying outside of such
structures, subject to the following exception: in the case of any
unit which does not lie over any other unit other than basement
units, it shall be presumed that the lower horizontal boundary, if
any, of that unit lies at the level of the ground with regard to any
part of that unit lying outside of the structures. This subsection
shall apply to any condominium created on or after July 1, 1980, or
to the expansion of any such condominium. (b.1) There shall be recorded prior to the first conveyance of a
condominium unit plans of every structure which contains or
constitutes all or part of any unit or units located on or within
any portion of the submitted property and a certification by a
registered architect or registered engineer to the effect that he
has visited the site and viewed the property and that, to the best
of his knowledge, information, and belief: (1) The foundation, structural members, exterior walls, and roof
of each such structure are complete and in place as shown on the
plans; (2) The walls, partitions, floors, and ceilings, to the extent
shown on the plans, as constituting or coinciding with the
vertical and horizontal boundaries of each unit, including
convertible space, within each such structure, are sufficiently
complete and in place to establish clearly the physical boundaries
of such unit and that such physical boundaries are as shown on the
plans; and (3) Each such structure, to the extent of its stage of completion
at that time, is constructed substantially in accordance with such
plans. The plans shall show the location and dimensions of the horizontal
boundaries, if any, and the vertical boundaries of each unit to the
extent that such boundaries lie within or coincide with the
boundaries of such structures, and the units, or portions thereof,
thus depicted shall bear their identifying numbers. In addition,
each convertible space depicted in the plans shall be labeled as
such by use of the phrase "CONVERTIBLE SPACE." Unless the
condominium instruments expressly provide otherwise, it shall be
presumed that, in the case of any unit not wholly contained within
or constituting one or more of the structures, the horizontal
boundaries extend, in the case of each unit, at the same elevation
with regard to any part of such unit lying outside of such
structures, subject to the following exception: in the case of any
unit which does not lie over any other unit other than basement
units, it shall be presumed that the lower horizontal boundary, if
any, of that unit lies at the level of the ground with regard to any
part of that unit lying outside of the structures. This subsection
shall apply to any condominium created prior to July 1, 1980, or to
the expansion of any such condominium. (c) Prior to the first conveyance of a condominium unit located on any portion of any additional property being or having been added to an expandable condominium, there shall be recorded new plats of survey conforming to the requirements of subsection (a) of this Code section and, with regard to any structures on the property being or having been added, plans conforming to the requirements of subsection (b) of this Code section or certifications, conforming to the certification requirements of subsection (b) of this Code section, of plans previously recorded pursuant to Code Section 44-3-84. (d) When converting all or any portion of any convertible space into
one or more units or limited common elements, the declarant shall
record, with regard to the structure or portion thereof constituting
that convertible space, plans showing the location and dimensions of
the horizontal boundaries, if any, and the vertical boundaries of
each unit formed out of such space. The plans shall be certified by
a registered architect or registered engineer in accordance with the
certification requirements of subsection (b) of this Code section. (e) When any portion of the submitted property is withdrawn, there
shall be recorded a plat or plats showing the portion of the
submitted property withdrawn and the remaining submitted property,
which plat or plats shall be certified as provided in subsection (a)
of this Code section. |