448.2-105. Contents of declaration.

Contents of declaration.

448.2-105. 1. The declaration for a condominium shallcontain:

(1) The name of the condominium, which shall include theword "condominium" or be followed by the words "a condominium",and the association;

(2) The name of every county in which any part of thecondominium is situated;

(3) A legally sufficient description of the real estateincluded in the condominium;

(4) A statement of the maximum number of units which thedeclarant reserves the right to create;

(5) A description of the boundaries of each unit created bythe declaration, including each unit's identifying number;

(6) A description of any limited common elements, other thanthose specified in subdivisions (2) and (4) of section 448.2-102,as provided in section 448.2-109;

(7) A description of any real estate, except real estatesubject to development rights, which may be allocatedsubsequently as limited common elements, other than limitedcommon elements specified in subdivisions (2) and (4) of section448.2-102, together with a statement that they may be soallocated;

(8) A description of any development rights and otherspecial declarant rights reserved by the declarant, together witha legally sufficient description of the real estate to which eachof those rights applies, and a time limit within which each ofthose rights shall be exercised;

(9) If any development right may be exercised with respectto different parcels of real estate at different times, astatement to that effect, together with (a) either a statementfixing the boundaries of those portions and regulating the orderin which those portions may be subjected to the exercise of eachdevelopment right, or a statement that no assurances are made inthose regards, and (b) a statement as to whether, if anydevelopment right is exercised in any portion of the real estatesubject to that development right, that development right shallbe exercised in all or in any other portion of the remainder ofthat real estate;

(10) Any other conditions or limitations under which therights described in subdivision (8) of this section may beexercised or will lapse;

(11) An allocation to each unit of the allocated interestsin the manner described in section 448.2-107;

(12) Any restrictions on use, occupancy, and alienation ofthe units;

(13) The recording data for recorded easements and licensesappurtenant to or included in the condominium or to which anyportion of the condominium is or may become subject by virtue ofa reservation in the declaration; and

(14) All matters required by sections 448.2-106, 448.2-107,448.2-108, 448.2-109, 448.2-115, and 448.2-116 and subsection 4of section 448.3-103.

2. The declaration may contain any other matters thedeclarant deems appropriate.

(L. 1983 H.B. 177)