The Vermont Statutes Online

Title 27A : Uniform Common Interest Ownership Act (1994)

Article 002 : Creation, Alteration, and Termination of Common Interest Communities

• § 2-109. Plats and plans

  (a) Plats and plans are a part of the declaration and required for condominiums and planned communities. Separate plats and plans are not required by this title if all the information required by this section is contained in either a plat or plan. Each plat and plan shall be clear and legible and contain a certification that the plat or plan contains all information required by this section.

  (b) Each plat shall show or project:

  (1) the name and a plat or general schematic map of the entire common interest community;

  (2) the location and dimensions of all real estate not subject to development rights, or subject only to the development right to withdraw, and the location and dimensions of all existing improvements within that real estate;

  (3) a legally sufficient description of any real estate subject to development rights, labeled to identify the rights applicable to each parcel, but plats and plans need not designate or label which development rights are applicable to each parcel if that information is clearly delineated in the declaration;

  (4) the extent of any encroachments by or on any portion of the common interest community;

  (5) to the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the common interest community;

  (6) except as otherwise provided in subsection (h) of this section, the approximate location and dimensions of any vertical unit boundaries not shown or projected on plans recorded pursuant to subsection (d) of this section and that unit’s identifying number;

  (7) except as otherwise provided in subsection (h) of this section, the approximate location with reference to an established datum of any horizontal unit boundaries not shown or projected on plans recorded pursuant to subsection (d) of this section and that unit’s identifying number;

  (8) a legally sufficient description of any real estate in which the unit owners will own only an estate for years, labeled as “leasehold real estate”;

  (9) the distance between noncontiguous parcels of real estate comprising the common interest community;

  (10) the approximate location and dimensions of porches, balconies, and patios and excluding parking spaces allocated as limited common elements, and show or contain a narrative description of any other limited common elements; and

  (11) in the case of real estate not subject to development rights, all other matters customarily shown on land plats.

  (c) A plat may also show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the common interest community. Any contemplated improvement shown shall be labeled either “must be built” or “need not be built.”

  (d) Except as otherwise provided in subsection (h) of this section, to the extent not shown or projected on the plats, plans of the units shall show or project:

  (1) the approximate location and dimensions of the vertical boundaries of each unit and that unit’s identifying number;

  (2) the approximate location of any horizontal unit boundaries with reference to an established datum and that unit’s identifying number; and

  (3) the approximate location of any units in which the declarant has reserved the right to create additional units or common elements pursuant to subdivision 2-111(3) of this title, identified appropriately.

  (e) Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside a building that have the same elevation as the horizontal boundaries of the inside part need not be depicted on the plats and plans.

  (f) Upon exercising any development right, the declarant shall record either new plats and plans necessary to conform to the requirements of subsections (a), (b), and (d) of this section or new certifications of plats and plans previously recorded if those plats and plans otherwise conform to the requirements of those subsections.

  (g) Any certification of a plat or plan required by this section shall be made by an independent professional surveyor, architect, or engineer, as appropriate and if authorized by the respective practice acts of each profession in 26 V.S.A. chapters 3, 20, and 45.

  (h) Plats and plans need not show the location and dimensions of the units’ boundaries or their limited common elements if:

  (1) the plat shows the location and dimensions of all buildings containing or comprising the units; and

  (2) the declaration includes other information that shows or contains a narrative description of the general layout of the units in those buildings and the limited common elements allocated to those units. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 1999, No. 133 (Adj. Sess.), § 36; 2009, No. 155 (Adj. Sess.), § 17, eff. Jan. 1, 2012.)