CHAPTER 7. DECLARATION
IC 32-25-7
Chapter 7. Declaration
IC 32-25-7-1
Recording declaration; contents
Sec. 1. (a) The owner of the land on which a condominium isdeclared shall record with the recorder of the county in which theland is situated a declaration. Except as provided in section 2 or 3 ofthis chapter, the declaration must include the following:
(1) A description of the land on which the building andimprovements are or are to be located.
(2) A description of the building, stating:
(A) the number of stories and basements; and
(B) the number of condominium units.
(3) A description of the common areas and facilities.
(4) A description of the limited common areas and facilities, ifany, stating to which condominium units their use is reserved.
(5) The percentage of undivided interest in the common areasand facilities appertaining to each condominium unit and itsowner for all purposes, including voting.
(6) A statement of the percentage of votes by the condominiumunit owners required to determine whether to:
(A) rebuild;
(B) repair;
(C) restore; or
(D) sell;
the property if all or part of the property is damaged ordestroyed.
(7) Any covenants and restrictions in regard to the use of:
(A) the condominium units; and
(B) common areas and facilities.
(8) Any further details in connection with the property that:
(A) the person executing the declaration considers desirable;and
(B) are consistent with this article.
(9) The method by which the declaration may be amended in amanner consistent with this chapter.
(10) This subdivision applies only to a condominium located onthe shore of a lake located in a township with a population ofmore than three thousand one hundred (3,100) but less thanthree thousand eight hundred (3,800) located in a county havinga population of more than forty-five thousand (45,000) but lessthan forty-five thousand nine hundred (45,900). A statement ofthe percentage of votes by the condominium unit ownersrequired to convey or encumber part or all of the common areasand facilities. A statement under this subdivision may not allowless than ninety-five percent (95%) of the condominium unitowners, or less than ninety-five percent (95%) of the owners ofcondominium units not owned by the declarant, to convey orencumber part or all of the common areas and facilities. If the
declaration does not include a statement under this subdivision,IC 32-25-4-3.5 applies.
(b) A true copy of the bylaws shall be annexed to and made a partof the declaration.
(c) The record of the declaration shall contain a reference to the:
(1) book;
(2) page; and
(3) date of record;
of the floor plans of the building affected by the declaration.
As added by P.L.2-2002, SEC.10. Amended by P.L.181-2007, SEC.3.
IC 32-25-7-2
Expandable condominiums; contents of declaration
Sec. 2. (a) If a condominium is an expandable condominium, thedeclaration shall contain, in addition to the matters specified insection 1 of this chapter:
(1) a general plan of development showing:
(A) the property subject to the condominium;
(B) areas into which expansion may be made; and
(C) the maximum number of condominium units inadditional phases that may be added;
(2) a schedule or formula for determining the percentage ofundivided interests in the common areas and facilities that willappertain to each condominium unit as each additional phase isadded; and
(3) a time limit, not exceeding ten (10) years, within which thephase or phases may be added to the condominium.
(b) If additional phases are not developed within five (5) yearsafter the recordation of the declaration, the development ofadditional phases is not considered to be part of:
(1) a common scheme; and
(2) development of the entire condominium.
As added by P.L.2-2002, SEC.10.
IC 32-25-7-3
Contractable condominiums; contents of declaration
Sec. 3. If a condominium is a contractable condominium, thedeclaration shall contain, in addition to matters specified in section1 of this chapter:
(1) an explicit reservation of an option to contract thecondominium;
(2) a statement of any limitations on the option to contract thecondominium;
(3) a date, not later than ten (10) years after the recording of thedeclaration, upon which the option to contract the condominiumwill expire;
(4) a statement of any circumstances that will terminate theoption to contract the condominium before the expiration datereferred to in subdivision (3);
(5) a legally sufficient description of all withdrawable land; (6) a statement as to whether portions of the withdrawable landmay be withdrawn from the condominium at different times;and
(7) a statement of any limitations:
(A) fixing the boundaries of portions of the withdrawableland; or
(B) regulating the order in which the portions may bewithdrawn.
As added by P.L.2-2002, SEC.10.
IC 32-25-7-4
Floor plans
Sec. 4. (a) Simultaneously with the recording of the declaration,a set of floor plans of the condominium or building shall be filed inthe office of the county recorder. The set of floor plans must includethe following:
(1) The relation of the condominium or building to lot lines.
(2) The:
(A) layout;
(B) elevation;
(C) location;
(D) unit numbers; and
(E) dimensions;
of the condominium units.
(3) The name of the condominium or building, or that it has noname.
(4) The verified statement of a registered architect or licensedprofessional engineer certifying that the set of floor plans is anaccurate copy of portions of the plans of the building as filedwith and approved by the municipal or other governmentalsubdivision having jurisdiction over the issuance of permits forthe construction of buildings.
(b) If the set of floor plans referred to in subsection (a) does notinclude a verified statement by an architect or engineer that the plansfully and accurately depict the layout, location, unit numbers, anddimensions of the condominium units as built, an amendment to thedeclaration must be recorded before the first conveyance of anycondominium unit. The amendment to the declaration must haveattached to it a verified statement of a registered architect or licensedprofessional engineer certifying that the filed set of floor plans or theset of floor plans being filed simultaneously with the amendmentfully and accurately depicts the layout, location, unit numbers, anddimensions of the condominium units as built. The set of floor plansshall:
(1) be kept by the recording officer in a separate file for eachbuilding;
(2) be indexed in the same manner as a conveyance entitled tobe recorded;
(3) be numbered serially in the order of receipt;
(4) be designated "condominium unit ownership", with the
name of the building, if any; and
(5) contain a reference to the:
(A) book;
(B) page; and
(C) date of recording;
of the amendment to the declaration.
(c) The record of the amendment to the declaration referred to insubsection (b) shall contain a reference to the file number of the setof floor plans of the building affected by the amendment to thedeclaration.
As added by P.L.2-2002, SEC.10.
IC 32-25-7-5
Designation; conveyance
Sec. 5. (a) Each condominium unit in a building shall bedesignated, on the set of floor plans referred to in section 4 of thischapter, by letter, number, or other appropriate designation.
(b) Any instrument recognized by the state for the conveyance ortransfer of interests in title, which describes the apartment by usingthe designation referred to in subsection (a) followed by the words"in (name) Condominium as recorded in Book _______, p. __, underthe date of ________, _____, of the records of __________ County,Indiana", is considered to contain a good and sufficient descriptionfor all purposes.
(c) Any conveyance or transfer of interest in title of acondominium unit is considered also to convey the undividedinterests of the owner in the common areas and facilities, bothgeneral and limited, appertaining to the condominium unit withoutspecifically or particularly referring to the undivided interests. The:
(1) contents;
(2) form;
(3) method of preparation;
(4) recording of an instrument of conveyance; and
(5) interpretation of an instrument of conveyance;
are governed by the law of Indiana relating to real property.
(d) Each instrument or deed of conveyance also shall include thefollowing:
(1) A statement of the use for which the condominium unit isintended.
(2) A statement of the restrictions on the use of thecondominium unit.
(3) The percentage of undivided interest appertaining to thecondominium unit in the common areas and facilities.
(4) The amount of any unpaid current or delinquent assessmentsof common expenses.
(5) Any other details and restrictions that:
(A) the grantor and grantee consider desirable; and
(B) are consistent with the declaration.
(e) Failure to make a statement in the deed as required bysubsection (d)(4) does not: (1) invalidate the title conveyed by the deed; or
(2) absolve a grantee under the deed from liability for anyunpaid current or delinquent assessments of common expensesagainst a condominium unit on the date of its conveyance.
(f) Upon the request of a:
(1) condominium unit owner;
(2) prospective grantee;
(3) title insurance company; or
(4) mortgagee;
the secretary or other authorized officer of the association ofco-owners shall provide, within five (5) days of the request, astatement of the amount of current and delinquent assessments ofcommon expenses against a particular condominium unit.
As added by P.L.2-2002, SEC.10.
IC 32-25-7-6
Presumption of consent to changes; reallocation of interests incommon area; liens
Sec. 6. (a) Except as provided in subsection (b), if the declarationfor a condominium is in conformity with section 2 of this chapter, itis presumed that any owner of a condominium unit in thatcondominium has consented to the changes in the percentage ofundivided interest in the common areas and facilities appertaining tothe owner's unit.
(b) An owner of a condominium unit who entered an agreementto purchase that unit before the recordation of the declaration maynot be presumed to have consented to the changes referred to insubsection (a) unless the owner:
(1) was provided a copy of:
(A) the expansion provisions; or
(B) the declaration; and
(2) made a written acknowledgment of the receipt of theprovisions before entering the purchase agreement.
(c) The reallocation of percentage of undivided interests in thecommon areas and facilities vests when the amendment to thedeclaration incorporating the reallocated percentages is recorded.
(d) When the amendment to the declaration incorporating:
(1) the addition of condominium units;
(2) the expansion of common areas and facilities; or
(3) both addition and expansion as described in subdivisions (1)and (2);
is recorded, all liens, including mortgage liens, are released as to thepercentage of undivided interests in the common areas and facilitiesdescribed in the declaration (before amendment of the declaration)and shall attach to the reallocated percentage of undivided interestsin the common areas and facilities described in the amendment to thedeclaration as though the liens had attached to those percentageinterests on the date of the recordation of the mortgage or otherdocument that evidences the creation of the lien. The percentageinterest in the common areas and facilities appertaining to additional
condominium units being added by the amendment to the declarationare subject to mortgage liens and other liens upon the recordation ofthe amendment to the declaration.
As added by P.L.2-2002, SEC.10.