SB 590

This bill makes various changes to condominium law and clarifies

requirements related to various types of condominium documents.

General recording requirements; condominium instruments

This bill specifies that every instrument related to a condominium other than

a plat or an addendum (a modification to a plat) that is offered to a register of deeds

for recording must meet the following criteria:

1. The instrument must include the name of the condominium as it appears in

the declaration.

2. The instrument must meet the standard formatting requirements for

recorded documents.

3. The instrument must include any signatures required by law and must be

notarized or authenticated.

4. If the county in which the instrument is to be recorded has an ordinance that

requires local review of condominium instruments before recording, the instrument

must be accompanied by the certified written approval of the person who performed

the local review.

In addition, the bill specifies that a register of deeds may record an amendment,

addendum, or correction instrument only if the document satisfies the above criteria,

if applicable, and satisfies the following:

1. Refers to the instrument being modified or corrected.

2. Is numbered consecutively or states that it is an amendment and

restatement of the instrument being modified or corrected.

3. Identifies all units in the condominium.

4. Clearly states the changes being made to the document being modified or

corrected.

Expanding condominiums

Under current law, a declarant may reserve the right to expand a condominium

by subjecting additional property to the condominium declaration. Current law

provides various conditions that must be met in order for a reservation of a right to

expand a condominium to be valid. For example, the condominium declaration must

describe each parcel of property that may be added to the condominium under the

reservation of the right to expand and the condominium plat must include, in general

terms, the outline of the land, buildings, and common elements of the property that

may be added as part of the expansion.

The bill clarifies that the condominium plat must include the outline of the

expansion property and, in general terms, the buildings and common elements on

the expansion property. The bill also clarifies that property included in a reservation

of the right to expand is not subject to the condominium declaration (i.e., is not part

of the condominium) until an amendment and addendum that add the property to

the condominium are recorded.