381.9133 Contents of declaration.
448 words·~2 min read·
/ky/chapter-381/381-9133A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The declaration for a condominium shall contain:
(a)The name of the condominium which shall include the word "condominium"
or be followed by the words "a condominium," and the association;
(b)The name of every county in which any part of the condominium is situated;
(c)A legally sufficient description of the real estate included in the
condominium;
(d)A statement of the maximum number of units which the declarant reserves the
right to create;
(e)A description of the boundaries of each unit created by the declaration,
including the unit's identifying number;
(f)A description of any limited common elements as provided in KRS
381.9141(2)(h), except for those limited common elements specified in KRS
381.9127(2), (4), and (6);
(g)A description of any real estate, except real estate subject to development
rights, which may be allocated subsequently as limited common elements,
other than limited common elements specified in KRS 381.9127(2), (4), and
(6), together with a statement that they may be so allocated;
(h)A description of any development rights and other special declarant rights
reserved by the declarant, together with a legally sufficient description of the
real estate to which each of those rights applies, and a time limit within which
each of those rights must be exercised;
(i)If any development right may be exercised with respect to different parcels of
real estate at different times, a statement to that effect together with:
1. a. A statement fixing the boundaries of those portions and identifying
the proposed order in which those portions may be subjected to the
exercise of each development right; or
b. A statement that no assurances are made concerning the
boundaries or order in which the exercise of development rights
may occur; and
2. 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 the
remainder of that real estate;
(j)Any other conditions or limitations under which the rights described in
paragraph
(i)of this subsection may be exercised or will lapse;
(k)An allocation to each unit of the allocated interests in the manner described in
KRS 381.9137;
(l)Any restrictions on use, occupancy, and alienation of the units;
(m)The recording data for recorded easements and licenses appurtenant to or
included in the condominium or to which any portion of the condominium is
or may become subject by virtue of a reservation in the declaration; and
(n)All matters required by KRS 381.9135, 381.9137, 381.9139, 381.9141,
381.9153, and 381.9169(4).
(2)The declaration may contain any other matters the declarant deems appropriate.