Kentucky Statutes 381.9133 – Contents of declaration
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(1) The declaration for a condominium shall contain:
(a) The name of the condominium which shall include the word “condominium” or be followed by the words “a condominium,” and the association;
(b) The name of every county in which any part of the condominium is situated; (c) A legally sufficient description of the real estate included in the
condominium;
(d) A statement of the maximum number of units which the declarant reserves the right to create;
(e) A description of the boundaries of each unit created by the declaration, including the unit’s identifying number;
(f) A description of any limited common elements as provided in KRS
381.9141(2)(h), except for those limited common elements specified in KRS
381.9127(2), (4), and (6);
(g) 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 KRS § 381.9127(2), (4), and (6), together with a statement that they may be so allocated;
(h) A description of any development rights and other special declarant rights 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;
(i) 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:
1. a. A statement fixing the boundaries of those portions and identifying the proposed order in which those portions may be subjected to the exercise of each development right; or
b. A statement that no assurances are made concerning the boundaries or order in which the exercise of development rights may occur; and
2. 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;
(j) Any other conditions or limitations under which the rights described in paragraph (i) of this subsection may be exercised or will lapse;
(k) An allocation to each unit of the allocated interests in the manner described in
KRS § 381.9137;
(l) Any restrictions on use, occupancy, and alienation of the units;
(m) 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; and
(n) All matters required by KRS § 381.9135, 381.9137, 381.9139, 381.9141,
381.9153, and 381.9169(4).
(2) The declaration may contain any other matters the declarant deems appropriate.
Effective: January 1, 2011
History: Created 2010 Ky. Acts ch. 97, sec. 17, effective January 1, 2011.
(a) The name of the condominium which shall include the word “condominium” or be followed by the words “a condominium,” and the association;
Terms Used In Kentucky Statutes 381.9133
- real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
- 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.
(b) The name of every county in which any part of the condominium is situated; (c) A legally sufficient description of the real estate included in the
condominium;
(d) A statement of the maximum number of units which the declarant reserves the right to create;
(e) A description of the boundaries of each unit created by the declaration, including the unit’s identifying number;
(f) A description of any limited common elements as provided in KRS
381.9141(2)(h), except for those limited common elements specified in KRS
381.9127(2), (4), and (6);
(g) 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 KRS § 381.9127(2), (4), and (6), together with a statement that they may be so allocated;
(h) A description of any development rights and other special declarant rights 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;
(i) 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:
1. a. A statement fixing the boundaries of those portions and identifying the proposed order in which those portions may be subjected to the exercise of each development right; or
b. A statement that no assurances are made concerning the boundaries or order in which the exercise of development rights may occur; and
2. 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;
(j) Any other conditions or limitations under which the rights described in paragraph (i) of this subsection may be exercised or will lapse;
(k) An allocation to each unit of the allocated interests in the manner described in
KRS § 381.9137;
(l) Any restrictions on use, occupancy, and alienation of the units;
(m) 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; and
(n) All matters required by KRS § 381.9135, 381.9137, 381.9139, 381.9141,
381.9153, and 381.9169(4).
(2) The declaration may contain any other matters the declarant deems appropriate.
Effective: January 1, 2011
History: Created 2010 Ky. Acts ch. 97, sec. 17, effective January 1, 2011.