LEGAL ASPECTS OF CONDOMINIUM DEVELOPMENT AND CONDOMINIUM OWNER

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LEGAL ASPECTS OF CONDOMINIUM DEVELOPMENT AND
CONDOMINIUM OWNERS ASSOCIATIONS

• THE PLATTING PROCESS

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HISTORY OF CONDOMINIUM PLAT RECORDINGS IN ADA
COUNTY

• 1965, the Condominium Property Act enacted
• 1965 - 1972, no plats were recorded
• 1972 - 1988, 29 plats were recorded
• 1988 - 2003, 58 plats were recorded
• 2004, 10 plats were recorded
• 2005, 25 plats were recorded
• So far in 2006, there have been 12 plats
  recorded.

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CONDOMINIUM PLATS COMPLEMENT THE DECLARATION

• Plats are part of the documentation required to
  create a condominium project.
• Procedures for Recording and storing of documents
  makes cross-referencing important.

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GUIDELINES FOR CONDOMINIUM PLAT PREPARATION

• Little is provided in the Condominium statute
  describing the contents for the plat or drawing.
  I.C. 55-1504 gives some direction.
• Section 55-1527 provides that state and local
  laws relating to plats, recording, subdivisions
  or zoning shall apply, except where inconsistent
  with the provisions or purposes of the act
• The statement, Except where inconsistent with
  the provisions or purposes of the Act makes the
  requirements even more vague.

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REQUIRED CONTENTS OF THE PLAT

• The contents of the condominium plat are
  presented here in two parts.
• First is a look at the Condominium Property Act
  to compare the plat with the Declaration.
• Second is a look at Plats and Vacations, Title
  50, I.C., to compare the condominium plat with a
  subdivision plat.

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FIRST The Declaration is reviewed for
connectedness with the plat to see if the two
documents agree.
REQUIRED CONTENTS OF THE DECLARATION REQUIRED CONTENTS OF THE PLAT
(a) A legal description of the surface of the ground within the project. (i) A survey map of the surface of the ground.
(b) A legal description of each unit in the project, which description may consist of the identifying number, symbol or name of such unit as shown on the plat. (ii) Diagrammatic floor plans of the building or buildings built or to be built thereon in sufficient detail to identify each unit, its relative location and approximate dimensions, showing elevations where multi-level or multi-story structures are diagramed.
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REQUIRED CONTENTS OF THE DECLARATION REQUIRED CONTENTS OF THE PLAT
(iii) A certificate consenting to the recordation of such documents pursuant to this act, executed and acknowledged by the record owner and the holder of any recorded security interest in such property.
(c) The percentage of ownership interest in the common area which is to be allocated to each unit for purposes of tax assessment and liability. Such percentage shall be fixed by taking as a basis the value of each unit in relation to the value of the property as a whole.
An expression of intent to create a project An expression of intent to create a project
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SECOND
Elements of a Subdivision plat as defined by IC
50-1301, Plats and Vacations.

• CONSISTENCIES PLATS ARE SIMILAR
• Drawing Condominium Act calls for specific
  drawing information.
• Descriptions Condominium Act calls for a
  description of the survey of the property.
• Certificates Condominium Act calls for certain
  certifications similar to a subdivision
  plat.INCONSISTENCIES
• Approvals Condominium Act calls for certain
  approvals, maybe!!
• Dedications Inconsistent with the Act since
  Unit owners are owners of the Project and the
  Project is everything inside the boundary. No
  room left for street right-of-way in the
  boundary.
• More on Inconsistencies Idaho Code 50-1326
  Sanitary Restrictions Idaho Code 50-1334 Water
  supply certificate, other dedications in IC
  50-1308-1312. (Roads)

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MISCELLANEOUS ISSUES

• Calculating the percent ownership in the common
  area. The statute in 55-1505 (1) (c) provides
  the method for calculating the percent of
  ownership in the common area.
• Removal from the Act Tracking the documents.
• The Plat amendment process.

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FILING AMENDMENTS TO CONDOMINIUM PROJECTS
When a plat, map or drawing is presented for
recording as an amendment to a condominium
project, it must be prepared in the same manner
as a Subdivision plat. Five certificates and
signatures 1.      A Certificate of the Owners
citing the action taken and under what
provisions. Authorized Action 2.      A
Certificate of the Surveyor responsible for the
work. - Accuracy 3.      A Certificate of the
County Surveyor. Substance and content 4.     
A Certificate of the County Treasurer Payment
of Taxes Current 5. A Certificate for the
Recorder. Official record
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PLAT NOTES
Notes that 1.  Identify the original
Condominium documents, giving instrument number
of the Declaration and the Book and Page(s) for
the Plat(s). 2.  State that the Elevation
dimensions are not changed or, if they are
different state that changes to the Elevation are
shown. 3. Other notes that help clearly
represent the amendments.
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The plat, map or drawing must be titled,
recorded and indexed as a Condominium project
amendment. (Name of recorded condominium)
CONDOMINIUM PROJECT AMENDMENT  The number of an
amendment can be added to the end of the title to
keep track of the sequence of the amendments.
 Submit the original mylars with owner and
surveyor signatures to the County Surveyor for
review (I.C. 50-1305). Also, submit the
Declaration document that amends the recorded
Declaration along with the two Exhibits that
describe the units and state the percentage
ownership of the common area.
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Contents of Owners Certificate for Condominium
Project Amendments

1. A statement of the nature of the amendment.
2. A statement of the authority required to amend.
3. A statement that the necessary consent and/or
   approval have been secured.

Ada County Surveyor Home Pagehttp//www.adaweb.n
et/devserv/survey/home.html(Look under Plat
Review Information, Condominiums Amended, New)