Maine Revised Statutes Title 33 Sec. 1602-105 – Contents of declaration
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Terms Used In Maine Revised Statutes Title 33 Sec. 1602-105
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(a) The declaration for a condominium contains:
(1) The name of the condominium, which includes the word “condominium” or be followed by the words “a condominium,” and of the association; [PL 1981, c. 699 (NEW).]
(2) The name of every municipality and every county or registry district in which any part of the condominium is situated; [PL 1981, c. 699 (NEW).]
(3) A legally sufficient description of the real estate included in the condominium; [PL 1981, c. 699 (NEW).]
(4) A statement of the maximum number of units which the declarant reserves the right to create; [PL 1981, c. 699 (NEW).]
(5) A description of the boundaries of each unit created by the declaration, including the unit’s identifying number; [PL 1981, c. 699 (NEW).]
(6) A description of any limited common elements, other than those specified in section 1602?102, paragraphs (2) and (4), as provided in section 1602?109, subsection (b), paragraph (10); [PL 1981, c. 699 (NEW).]
(7) A description of any real estate, except real estate subject to development rights, which may be allocated subsequently as limited common elements, other than limited common elements specified in section 1602?102, paragraphs (2) and (4), together with a statement that they may be so allocated; [PL 1981, c. 699 (NEW).]
(8) A description of any development rights and other special declarant rights, section 1601?103, paragraph (25), 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; [PL 1981, c. 699 (NEW).]
(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;
[PL 1981, c. 699 (NEW).]
(10) Any other conditions or limitations under which the rights described in paragraph (8) may be exercised or will lapse; [PL 1981, c. 699 (NEW).]
(11) An allocation to each unit of the allocated interests in the manner described in section 1602?107; [PL 1981, c. 699 (NEW).]
(12). Any restrictions on use, occupancy and alienation of the units; [PL 1981, c. 699 (NEW).]
(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; [PL 1981, c. 699 (NEW).]
(14). All matters required by sections 1602?106, 1602?107, 1602?108, 1602?109, 1602?115, 1602?116 and 1603?103, subsection (d); and [PL 1981, c. 699 (NEW).]
(15). Reasonable provisions regarding the manner in which notice of matters affecting the condominium may be given to unit owners by the association. [PL 1981, c. 699 (NEW).]
(b) The declaration may contain any other matters the declarant deems appropriate. [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).