Condominium Ownership

SECTION 34-36-10

§ 34-36-10 Declaration – Recording.

The owner or developer of a condominium project shall, prior to the conveyance of any unit, record a declaration containing covenants, conditions, and restrictions relating to the project, which shall be enforceable equitable servitudes where reasonable, and shall run with the land. Such servitudes unless otherwise provided, may be enforced by any unit owner, and his or her successors in interest, and may contain, among other things, the following particulars:

(1) A description of the land on which the building and improvements are or are to be located.

(2) A description of the building, stating the number of stories and basements and the number of units and the principal materials of which it is or is to be constructed.

(3) The unit number of each unit, and a statement of its location, approximate areas, number of rooms, and immediate common area to which it has access, and any other data necessary to its proper identification.

(4) A description of the common areas and facilities.

(5) A description of the limited common areas and facilities, if any, stating to which units such use is reserved.

(6) The value of the property and of each unit, and the percentage of undivided interest in the common areas and facilities appurtenant to each unit and its owner for all purposes, including voting.

(7) A statement of the purposes for which the building and each of its units are intended and restricted as to use.

(8) The name of a person to receive service of process, in the cases described in this chapter, together with the residence or place of business of the person which shall be within the city or county in which the building is located.

(9) Provisions, not inconsistent with this chapter, as to the percentage of votes by the unit owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all or part of the property, or of any other question.

(10) The method by which the declaration may be amended consistent with the provisions of this chapter.

(11) Any further matters in connection with the property which the person or persons executing the declaration may deem desirable to set forth consistent with this chapter.

History of Section.
(P.L. 1963, ch. 181, § 1.)