448.030. Declaration, contents--amendments.

Declaration, contents--amendments.

448.030. 1. The declaration shall set forth the followingparticulars:

(1) The legal description of the parcel or parcels;

(2) The legal description of each unit, which may consist ofthe identifying number or symbol of the unit as shown on theplat;

(3) The percentage of ownership interest in the commonelements allocated to each unit. The percentages shall becomputed by taking as a basis the value of each unit in relationto the value of the property as a whole, and having once beendetermined and set forth as herein provided, such percentagesshall remain constant unless thereafter changed by agreement ofall unit owners; except that, if there is a change in the numberof units or in the size or dimensions of any units, the developershall determine the changes required in the percentages ofownership by virtue of the changes in the number of units or inthe size or dimensions of any units, and shall file of record inthe office of the recorder of deeds in which the declaration wasfiled an instrument setting forth the changes in percentages ofownership;

(4) Such other lawful provisions not inconsistent with theprovisions of sections 448.005 to 448.210 as the owners ordevelopers may deem desirable in order to promote and preservethe cooperative aspect of ownership of the property and tofacilitate the proper administration thereof.

2. The developer with the consent of all unit owners mayfile an amendment or amendments to the declaration to include anadditional parcel or parcels or to delete any parcel or portionthereof and to change the number of units and to amend thepercentage of ownership interests in the common elementsallocated to each unit, but no amendment shall be made to includea parcel or parcels which are not contiguous to the parcel orparcels described in either the original declaration oramendments thereto. Parcels shall be considered to be contiguousalthough separated by roads or easements.

(L. 1963 p. 648 § 4, A.L. 1969 H.B. 767, A.L. 1983 H.B. 177)