§ 2-105. Contents of declaration for a common interest community

(a) The declaration shall contain all the following:

(1) The names of the common interest community and the association and a statement that the common interest community is either a condominium or planned community.

(2) The name of each municipality in which any part of the common interest community is located.

(3) A legally sufficient description of the real estate included in the common interest community.

(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 identifying number of the unit.

(6) A description of any limited common elements other than those specified in subdivisions 2-102(2) and (4) of this title as provided in subdivision 2-109(b)(10) of this title and, in a planned community, any real estate which is or will be common elements.

(7) A description of any real estate, except real estate subject to development rights, which may be subsequently allocated as limited common elements, other than those specified in subdivisions 2-102(2) and (4) of this title and a statement that they may be so allocated.

(8) A description of any declarant rights required by subdivision 1-103(14) of this title and other special declarant rights required by subdivision 1-103(28) of this title reserved by the declarant, and a legally sufficient description of the real estate to which each of those rights applies and a time limit within which each right shall be exercised.

(9) A statement of any development rights which may be exercised with respect to different parcels of real estate at different times, and:

(A) either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to each development right or a statement that no assurances are made in that regard; and

(B) 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 that real estate.

(10) Any other conditions or limitations on the rights described in subdivision (8) of this subsection.

(11) An allocation to each unit of the allocated interests pursuant to section 2-107 of this title.

(12) Any restrictions:

(A) on alienation of the units, including any restrictions on leasing which exceed the restrictions on leasing units which executive boards may impose pursuant to subdivision 3-102(c)(2) of this title; and

(B) on the amount for which a unit may be sold or on the amount that may be received by a unit owner on sale, condemnation or casualty loss to the unit or to the common interest community, or on termination of the common interest community.

(13) The volume and page of recorded easements and licenses appurtenant to or included in the common interest community or to which any portion of the common interest community is or may be subject by a reservation in the declaration.

(14) All matters required by sections 2-106, 2-107, 2-108, 2-109, 2-110, 2-111, 2-112, 2-113, 2-114, 2-116, and 3-103(d) of this title.

(15) Any authorization pursuant to which the association may establish and enforce construction and design criteria and aesthetic standards as provided in sections 3-103 and 3-106 of this title.

(b) The declaration may contain any other matters which the declarant deems appropriate, including any restrictions on the uses of a unit or the number or other qualifications of persons who may occupy units. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 16, eff. Jan. 1, 2012.)