§514B-32 - Contents of declaration.
§514B-32 Contents of declaration. (a)
A declaration shall describe or include the following:
(1) The land submitted to the condominium property
regime;
(2) The number of the condominium map filed
concurrently with the declaration;
(3) The number of units in the condominium property
regime;
(4) The unit number of each unit and common interest
appurtenant to each unit;
(5) The number of buildings and projects in the
condominium property regime, and the number of stories and units in each
building;
(6) The permitted and prohibited uses of each unit;
(7) To the extent not shown on the condominium map, a
description of the location and dimensions of the horizontal and vertical
boundaries of any unit. Unit boundaries may be defined by physical structures
or, if a unit boundary is not defined by a physical structure, by spatial
coordinates;
(8) The condominium property regime's common
elements;
(9) The condominium property regime's limited common
elements, if any, and the unit or units to which each limited common element is
appurtenant;
(10) The total percentage of the common interest that
is required to approve rebuilding, repairing, or restoring the condominium
property regime if it is damaged or destroyed;
(11) The total percentage of the common interest, and
any other approvals or consents, that are required to amend the declaration.
Except as otherwise specifically provided in this chapter, and except for any
amendments made pursuant to reservations set forth in paragraph (12), the
approval of the owners of at least sixty-seven per cent of the common interest
shall be required for all amendments to the declaration;
(12) Any rights that the developer or others reserve
regarding the condominium property regime, including, without limitation, any
development rights, and any reservations to modify the declaration or
condominium map. An amendment to the declaration made pursuant to the exercise
of those reserved rights shall require only the consent or approval, if any,
specified in the reservation; and
(13) A declaration, subject to the penalties set forth
in section 514B‑69(b), that the condominium property regime is in
compliance with all zoning and building ordinances and codes, and all other
permitting requirements pursuant to section 514B‑5, and specifying in the
case of a property that includes one or more existing structures being
converted to condominium property regime status:
(A) Any variances that have been granted to
achieve the compliance; and
(B) Whether, as the result of the adoption or
amendment of any ordinances or codes, the project presently contains any legal
nonconforming conditions, uses, or structures;
except that a property that is registered
pursuant to section 514B‑51 shall instead provide this declaration
pursuant to section 514B‑54. If a developer is converting a structure to
condominium property regime status and the structure is not in compliance with
all zoning and building ordinances and codes, and all other permitting
requirements pursuant to section 514B‑5, and the developer intends to use
purchaser's funds pursuant to the requirements of section 514B‑92 or 514B‑93
to cure the violation or violations, then the declaration required by this
paragraph may be qualified to identify with specificity each violation and the
requirement to cure the violation by a date certain.
(b) The declaration may contain any additional
provisions that are not inconsistent with this chapter. [L 2005, c 93, pt of §2;
am L 2006, c 38, §22 and c 273, §7]