The declaration
for a condominium must contain:
(1) The name of the condominium which must include the word "condominium" or be followed by the words "a condominium."
(2) The name of every county in which any part of the condominium is situated.
(3) A legally sufficient description of the real estate included in the condominium.
(4) A description or delineation of the boundaries of each unit including the unit's identifying number.
(5) A statement of the maximum number of units that may be created by the subdivision or conversion of units owned by the declarant pursuant to section 3215(c) (relating to subdivision or conversion of units).
(6) A description of any limited common elements as provided in section 3209 (relating to limited common elements) and limited common expenses, if any, and how they are to be assessed.
(7) A description of any common elements not within the boundaries of any convertible real estate which may be allocated subsequently as limited common elements together with a statement that they may be so allocated and a description of the method by which the allocations are to be made.
(8) An allocation to each unit of an undivided interest in the common elements, a portion of the votes in the association and a percentage or fraction of the common expenses of the association (section 3208).
(9) Any restrictions created by the declarant on use, occupancy and alienation of the units.
(10) The recording data for recorded easements and licenses appurtenant to or included in the condominium or to which any portion of the condominium is or may become subject.
(11) If all or any of the units are or may be owned in time-share estates as defined in section 3403(a) (relating to public offering statement; time-share estates), which units may be owned in time-share estates and the maximum number of time-share estates that may be created in the condominium, it being intended that time-share estates shall not be permitted except if and to the extent expressly authorized by the declaration.
(12) If the declarant wishes to retain the special declarant right to cause
section 3222 (relating to master associations) to become applicable to a
condominium, then:
(i) an explicit
reservation of such right;
(ii) a statement
of the time limit, not exceeding seven years after the recordation of the
declaration, upon which the option reserved under subparagraph (i) will
lapse, together with a statement of any circumstances that will terminate
the option before the expiration of the time limit; and
(iii) the information
required to be included in the declaration by the provisions of section
3222.
(13) If the declarant wishes to retain the special declarant right to merge
or consolidate the condominium pursuant to section 3223 (relating to merger
or consolidation of condominiums), then:
(i) an explicit
reservation of such right;
(ii) a statement
of the time limit, not exceeding seven years after the recording of the
declaration, upon which any option reserved under subparagraph (i) will
lapse, together with a statement of any circumstances that will terminate
the option before the expiration of the time limit;
(iii) a statement
of the name and location of each other condominium that may be subject to
such a merger or consolidation if such other condominiums exist and if such
other condominiums do not exist, then the declaration shall include the
following:
(A) A statement
of the extent to which the common element interest, relative voting strength
in the association and share of common expense liability of each unit in
the condominium at the time the merger or consolidation is effectuated may
be increased or decreased by actions pursuant to any option reserved under
subparagraph (i), including the formulas to be used for those reallocations.
(B) Legally sufficient
descriptions of each portion of real estate which is part of any other condominiums
which may be created and with which the condominium may merge or consolidate.
(C) If mergers or
consolidations may be effectuated at different times, a statement to that
effect together with: (I) either a statement fixing the boundaries of those
condominiums and regulating the order in which they may be merged or consolidated
or a statement that no assurances are made in those regards; and (II) a
statement as to whether, if any other condominiums are merged or consolidated
with the condominium, all or any of such condominiums must be merged or
consolidated.
(D) A statement
of: (I) the maximum number of units that may be created within any such
other condominiums, the boundaries of which are fixed pursuant to clause
(C); (II) how many of those units will be restricted exclusively to residential
use; and (III) the maximum number of units per acre that may be created
within any such other condominiums, the boundaries of which are not fixed
pursuant to clause (C).
(E) If any of the
units that may be built within any such other condominiums are not to be
restricted exclusively to residential use, a statement with respect to each
portion of such other condominiums of the maximum percentage of the real
estate areas and the maximum percentage of the floor areas of all units
that may be created therein that are not restricted exclusively to residential
use.
(F) A statement
of the extent to which any buildings and units that may be part of such
other condominiums will be compatible with the other buildings and units
in the condominium in terms of architectural style, quality of construction,
principal materials employed in construction and size or a statement that
no assurances are made in those regards.
(G) A statement
that all restrictions in the declaration affecting use, occupancy and alienation
of units will apply to units created within any such other condominiums
or a statement of any differentiations that may be made as to those units.
(H) General descriptions
of all other improvements and limited common elements that may be made or
created within such other condominiums or a statement that no assurances
are made in that regard.
(I) A statement
of any limitations as to the locations of any buildings or other improvements
that may be made within such other condominiums or a statement that no assurances
are made in that regard.
(J) A statement
that any limited common elements created within any such other condominiums
will be of the same general types and sizes as those within the condominium
or a statement of any other assurances in that regard or a statement that
no assurances are made in that regard.
(K) A statement
that the proportion of limited common elements to units created within such
other condominiums will be approximately equal to the proportion existing
within the condominium or a statement of any other assurances in that regard
or a statement that no assurances are made in that regard.
(L) A statement
of the extent to which any assurances made in the declaration regarding
such other condominiums pursuant to clauses (C) through (K) apply in the
event any such condominiums are not merged or consolidated with the condominium
or a statement that those assurances do not apply if the condominiums are
not merged or consolidated with the condominium; and (iv) a summary description
of the other provisions which materially change any rights, obligations
or liabilities that will be included in the agreement of merger or consolidation
if such right is exercised.
(14) Any other matters the declarant deems appropriate.
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