§ 35-8A-205 — Contents of Declaration

(a) 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,” and the name of the association;
(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 statement of the maximum number of units which the declarant reserves the right to create;
(5) A description of the boundaries of each unit created by the declaration, including the unit’s identifying number;
(6) A description of any limited common elements, other than those specified in Section 35-8A-202(2) and (4), as provided in Section 35-8A-209(b)(10);
(7) A description of any common elements (except real estate subject to development rights) which may be allocated subsequently as limited common elements, other than limited common elements specified in Section 35-8A-202(2) and (4), together with a statement that they may be so allocated;
(8) A description of any development rights specified in Section 35-8A-103(11) and other special declarant rights specified in Section 35-8A-103(24) reserved by the declarant, together with a legally sufficient description of the real estate to which each of those rights applies, and a time limit within which each of those rights must be exercised;
(9) If any development right may be exercised with respect to different parcels of real estate at different times, a statement to that effect together with (i) either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right, or a statement that no assurances are made in those regards, and (ii) a statement as to whether, if any development right is exercised in any portion of the real estate subject to that development right, that development right must be exercised in all or in any other portion of the remainder of that real estate;
(10) Any other conditions or limitations under which the rights described in subdivision (8) may be exercised or will lapse;
(11) An allocation to each unit of the allocated interests in the manner described in Section 35-8A-207;
(12) Any restrictions on (i) use, occupancy, leasing, or alienation of the units, provided that reasonable rules and regulations related to conduct by unit owners or aesthetic considerations which are adopted by the association from time to time need not be included in the declaration, and (ii) the amount for which a unit may be sold or the amount that may be received by a unit owner on sale, condemnation, casualty loss to the unit or to the condominium, or on the termination of the condominium;
(13) 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 by virtue of a reservation in the declaration;
(14) A statement of the number and identity of units which the declarant reserves the right to dispose of in time shares; and
(15) All matters required by Sections 35-8A-206 through 35-8A-209, 35-8A-215, 35-8A-216, and 35-8A-303(d).
(b) The declaration may contain any other matters the declarant deems appropriate.

Legislative History

(Acts 1990, No. 90-551, p. 858, §2-105; Act 2018-403, §1.)