Section 448.2-112 – Relocation of boundaries between adjoining units.
Effective – 28 Aug 1983 448.2-112. Relocation of boundaries between adjoining units. — 1. Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of […]
Section 448.2-113 – Subdivision of units.
Effective – 28 Aug 1983 448.2-113. Subdivision of units. — 1. If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare or cause […]
Section 448.2-114 – Monuments as boundaries.
Effective – 28 Aug 1983 448.2-114. Monuments as boundaries. — The existing physical boundaries of a unit or the physical boundaries of a unit reconstructed in substantial accordance with the original plats and plans thereof, become the boundaries of such unit rather than the metes and bounds expressed in the deed or plat or plan, […]
Section 448.2-115 – Use for sale purposes.
Effective – 28 Aug 1983 448.2-115. Use for sale purposes. — A declarant may maintain sales offices, management offices, and models in units or on common elements in the condominium only if the declaration so provides and specifies the rights of a declarant with regard to the number, size, location, and relocation thereof. Any sales […]
Section 448.1-114 – Remedies to be liberally administered.
Effective – 28 Aug 1983 448.1-114. Remedies to be liberally administered. — 1. The remedies provided by sections 448.1-101 to 448.4-120 shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not […]
Section 448.2-101 – Creation of condominium.
Effective – 28 Aug 1983 448.2-101. Creation of condominium. — 1. A condominium shall be created pursuant to sections 448.1-101 to 448.4-120 only by recording a declaration executed in the same manner as a deed. The declaration shall be recorded in every county in which any portion of the condominium is located, and shall be […]
Section 448.2-102 – Unit boundaries.
Effective – 28 Aug 1983 448.2-102. Unit boundaries. — Except as provided by the declaration: (1) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part […]
Section 448.2-103 – Construction and validity of declaration and bylaws.
Effective – 28 Aug 1983 448.2-103. Construction and validity of declaration and bylaws. — 1. All provisions of the declaration and bylaws are severable. 2. The rule against perpetuities shall not be applied to defeat any provision of the declaration, bylaws, or rules and regulations adopted pursuant to subdivision (1) of subsection 1 of section […]
Section 448.2-104 – Description of units.
Effective – 28 Aug 1983 448.2-104. Description of units. — A description of a unit which sets forth the name of the condominium, the recording data for the declaration, the county in which the condominium is located, and the identifying number of the unit, is a sufficient legal description of that unit and all rights, […]
Section 448.2-105 – Contents of declaration.
Effective – 28 Aug 1983 448.2-105. Contents of declaration. — 1. The declaration for a condominium shall contain: (1) The name of the condominium, which shall include the word “condominium” or be followed by the words “a condominium”, and the association; (2) The name of every county in which any part of the condominium is […]