§ 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 that 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 that is or will be common elements.
(7) A description of any real estate, except real estate subject to development rights,
that 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 that 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 that exceed the
restrictions on leasing units that 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, and 2-116 and subsection 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 that 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.)