(a) General rule.--Plats
and plans are a part of the declaration. Separate plats and plans are not
required by this subpart if all the information required by this section
is contained in either a plat or plan. Each plat and plan must be clear
and legible. The plats and plans must contain, on the first page of the
plats and plans, a certification that all of the plats and plans contain
all information required by this section.
(b) Contents of
plat.--Each plat must show:
(1) The name, location
and dimensions of the condominium.
(2) The location
and dimensions of all existing improvements.
(3) The intended
location and dimensions of any contemplated improvement to be constructed
anywhere within the condominium labeled either "MUST BE BUILT"
or "NEED NOT BE BUILT" but need not show contemplated improvements
within the boundaries of convertible real estate.
(4) The location
and dimensions of any convertible real estate, labeled as such.
(5) The location
and dimensions of any withdrawable real estate, labeled as such.
(6) The extent of
any encroachments by or upon any portion of the condominium.
(7) To the extent
feasible, the location and dimensions of all easements serving or burdening
any portion of the condominium.
(8) The location
and dimensions of any vertical unit boundaries not shown or projected on
plans recorded pursuant to subsection (c) and that unit's identifying number.
(9) The location
with reference to established datum of any horizontal unit boundaries not
shown or projected on plans recorded pursuant to subsection (c) and that
unit's identifying number.
(10) The location
and dimensions of any real estate in which the unit owners will own only
an estate for years, labeled as "leasehold real estate."
(11) The distance
between noncontiguous parcels of real estate comprising the condominium.
(12) The location
and dimensions of limited common elements, including porches, balconies
and patios, other than parking spaces and the other limited common elements
described in section 3202(2) and (4) (relating to unit boundaries) not shown
on plans recorded pursuant to subsection (c).
(13) All other matters
customarily shown on land surveys.
(c) Contents of
plan.--Plans of every building that contains or comprises all or part of
any unit and is located or must be built within any portion of the condominium,
other than within the boundaries of any convertible real estate, must show:
(1) The location
and dimensions of the vertical boundaries of each unit, to the extent those
boundaries lie within or coincide with the boundaries of the building in
which the unit is located, and that unit's identifying number.
(2) Any horizontal
unit boundaries, with reference to established datum, not shown on plats
recorded pursuant to subsection (b), and that unit's identifying number.
(3) Any units that
may be converted by the declarant to create additional units or common elements
(section 3215(c)), identified appropriately.
(4) The location
and dimensions of limited common elements, including porches, balconies
and patios, other than parking spaces and other limited common elements
described in section 3202(2) and (4) not shown on plats recorded pursuant
to subsection (b).
(d) Horizontal
boundaries of unit partly outside building.--Unless the declaration provides
otherwise, the horizontal boundaries of part of a unit located outside of
a building have the same elevation as the horizontal boundaries of the inside
part and need not be depicted on the plats and plans.
(e) Converting
or adding real estate.--Upon converting convertible real estate or adding
additional real estate (section 3211), the declarant shall record new plats
for that real estate conforming to the requirements of subsection (b) and
new plans for any buildings on that real estate conforming to the requirements
of subsection (c). If less than all of any convertible real estate is being
converted, the new plats must also show the location and dimensions of the
remaining portion.
(f) Converting
units.--If a declarant converts any unit into two or more units, limited
common elements, or both (section 3215), he shall record new plans showing
the location and dimensions of any new units and limited common elements
thus created as well as the location and dimensions of any portion of that
space not being converted.
(g) Alternative
recording.--Instead of recording new plats and plans as required by subsections
(e) and (f), the declarant may record new certifications of plats and plans
previously recorded if those plats and plans show all improvements required
by subsections (e) and (f).
(h) Who may make
certifications.--Any certification of a plat or plan required by this section
must be made by an independent registered surveyor, architect or professional
engineer.
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