§ 34-36.1-2.09 Plats and plans. – (a) Plats and plans are a part of the declaration. Separate plats and plans arenot required by this chapter if all the information required by this section iscontained in either a plat or plan. Each plat and plan must be clear andlegible and contain a certification that the plat or plan contains allinformation required by this section.
(b) Each plat must show:
(1) The name and a boundary survey of the entire condominium;
(2) The location and dimensions of all real estate notsubject to development rights, or subject only to the development right towithdraw, and the location and dimensions of all existing improvements withinthat real estate;
(3) A legally sufficient description of any real estatesubject to development rights, labeled to identify the rights applicable toeach parcel;
(4) The extent of any encroachments by or upon any portion ofthe condominium;
(5) To the extent feasible, a legally sufficient descriptionof all easements serving or burdening any portion of the condominium;
(6) The location and dimensions of any vertical unitboundaries not shown or projected on plans recorded pursuant to subsection (d)and that unit's identifying number;
(7) The location with reference to an established datum ofany horizontal unit boundaries not shown or projected on plans recordedpursuant to subsection (d) and that unit's identifying number;
(8) A legally sufficient description of any real estate inwhich the unit owners will own only an estate for years, labeled as "leaseholdreal estate";
(9) The distance between noncontiguous parcels of real estatecomprising the condominium;
(10) The location and dimensions of limited common elements,including porches, balconies and patios, other than parking spaces and theother limited common elements described in § 34-36.1-2.02(2) and (4);
(11) In the case of real estate not subject to developmentrights, all other matters customarily shown on land surveys.
(c) A plat may also show the intended location and dimensionsof any contemplated improvement to be constructed anywhere within thecondominium. Any contemplated improvement shown must be labeled either "MUST BEBUILT" or "NEED NOT BE BUILT".
(d) To the extent not shown or projected on the plats, plansof the units must show or project:
(1) The location and dimensions of the vertical boundaries ofeach unit, and that unit's identifying number, provided, that if two (2) ormore units have the same vertical boundaries one plan may be used for suchunits if so designated;
(2) Any horizontal unit boundaries, with reference to anestablished datum, and that unit's identifying number; and
(3) Any units in which the declarant has reserved the rightto create additional units or common elements (§ 34-36.1-2.10), identifiedappropriately.
(e) Unless the declaration provides otherwise, the horizontalboundaries of part of a unit located outside of a building have the sameelevation as the horizontal boundaries of the inside part, and need not bedepicted on the plats and plans.
(f) Upon exercising any development right, the declarantshall record either new plats and plans necessary to conform to therequirements of subsections (a), (b), and (d), or new certifications of platsand plans previously recorded if those plats and plans otherwise conform to therequirements of those subsections.
(g) Any certification of a plat or plan required by thissection or § 34-36.1-2.01(b) must be made by an independent registeredsurveyor, architect, or engineer.
§ 34-36.1-2.09 Plats and plans. – (a) Plats and plans are a part of the declaration. Separate plats and plans arenot required by this chapter if all the information required by this section iscontained in either a plat or plan. Each plat and plan must be clear andlegible and contain a certification that the plat or plan contains allinformation required by this section.
(b) Each plat must show:
(1) The name and a boundary survey of the entire condominium;
(2) The location and dimensions of all real estate notsubject to development rights, or subject only to the development right towithdraw, and the location and dimensions of all existing improvements withinthat real estate;
(3) A legally sufficient description of any real estatesubject to development rights, labeled to identify the rights applicable toeach parcel;
(4) The extent of any encroachments by or upon any portion ofthe condominium;
(5) To the extent feasible, a legally sufficient descriptionof all easements serving or burdening any portion of the condominium;
(6) The location and dimensions of any vertical unitboundaries not shown or projected on plans recorded pursuant to subsection (d)and that unit's identifying number;
(7) The location with reference to an established datum ofany horizontal unit boundaries not shown or projected on plans recordedpursuant to subsection (d) and that unit's identifying number;
(8) A legally sufficient description of any real estate inwhich the unit owners will own only an estate for years, labeled as "leaseholdreal estate";
(9) The distance between noncontiguous parcels of real estatecomprising the condominium;
(10) The location and dimensions of limited common elements,including porches, balconies and patios, other than parking spaces and theother limited common elements described in § 34-36.1-2.02(2) and (4);
(11) In the case of real estate not subject to developmentrights, all other matters customarily shown on land surveys.
(c) A plat may also show the intended location and dimensionsof any contemplated improvement to be constructed anywhere within thecondominium. Any contemplated improvement shown must be labeled either "MUST BEBUILT" or "NEED NOT BE BUILT".
(d) To the extent not shown or projected on the plats, plansof the units must show or project:
(1) The location and dimensions of the vertical boundaries ofeach unit, and that unit's identifying number, provided, that if two (2) ormore units have the same vertical boundaries one plan may be used for suchunits if so designated;
(2) Any horizontal unit boundaries, with reference to anestablished datum, and that unit's identifying number; and
(3) Any units in which the declarant has reserved the rightto create additional units or common elements (§ 34-36.1-2.10), identifiedappropriately.
(e) Unless the declaration provides otherwise, the horizontalboundaries of part of a unit located outside of a building have the sameelevation as the horizontal boundaries of the inside part, and need not bedepicted on the plats and plans.
(f) Upon exercising any development right, the declarantshall record either new plats and plans necessary to conform to therequirements of subsections (a), (b), and (d), or new certifications of platsand plans previously recorded if those plats and plans otherwise conform to therequirements of those subsections.
(g) Any certification of a plat or plan required by thissection or § 34-36.1-2.01(b) must be made by an independent registeredsurveyor, architect, or engineer.
§ 34-36.1-2.09 Plats and plans. – (a) Plats and plans are a part of the declaration. Separate plats and plans arenot required by this chapter if all the information required by this section iscontained in either a plat or plan. Each plat and plan must be clear andlegible and contain a certification that the plat or plan contains allinformation required by this section.
(b) Each plat must show:
(1) The name and a boundary survey of the entire condominium;
(2) The location and dimensions of all real estate notsubject to development rights, or subject only to the development right towithdraw, and the location and dimensions of all existing improvements withinthat real estate;
(3) A legally sufficient description of any real estatesubject to development rights, labeled to identify the rights applicable toeach parcel;
(4) The extent of any encroachments by or upon any portion ofthe condominium;
(5) To the extent feasible, a legally sufficient descriptionof all easements serving or burdening any portion of the condominium;
(6) The location and dimensions of any vertical unitboundaries not shown or projected on plans recorded pursuant to subsection (d)and that unit's identifying number;
(7) The location with reference to an established datum ofany horizontal unit boundaries not shown or projected on plans recordedpursuant to subsection (d) and that unit's identifying number;
(8) A legally sufficient description of any real estate inwhich the unit owners will own only an estate for years, labeled as "leaseholdreal estate";
(9) The distance between noncontiguous parcels of real estatecomprising the condominium;
(10) The location and dimensions of limited common elements,including porches, balconies and patios, other than parking spaces and theother limited common elements described in § 34-36.1-2.02(2) and (4);
(11) In the case of real estate not subject to developmentrights, all other matters customarily shown on land surveys.
(c) A plat may also show the intended location and dimensionsof any contemplated improvement to be constructed anywhere within thecondominium. Any contemplated improvement shown must be labeled either "MUST BEBUILT" or "NEED NOT BE BUILT".
(d) To the extent not shown or projected on the plats, plansof the units must show or project:
(1) The location and dimensions of the vertical boundaries ofeach unit, and that unit's identifying number, provided, that if two (2) ormore units have the same vertical boundaries one plan may be used for suchunits if so designated;
(2) Any horizontal unit boundaries, with reference to anestablished datum, and that unit's identifying number; and
(3) Any units in which the declarant has reserved the rightto create additional units or common elements (§ 34-36.1-2.10), identifiedappropriately.
(e) Unless the declaration provides otherwise, the horizontalboundaries of part of a unit located outside of a building have the sameelevation as the horizontal boundaries of the inside part, and need not bedepicted on the plats and plans.
(f) Upon exercising any development right, the declarantshall record either new plats and plans necessary to conform to therequirements of subsections (a), (b), and (d), or new certifications of platsand plans previously recorded if those plats and plans otherwise conform to therequirements of those subsections.
(g) Any certification of a plat or plan required by thissection or § 34-36.1-2.01(b) must be made by an independent registeredsurveyor, architect, or engineer.
