PROPERTY IN
GENERAL
CHAPTER 15
CONDOMINIUM PROPERTY ACT
55-1504.Requirements to qualify. The requirements of this act shall apply
to condominiums only (a) if there shall be recorded in the county
in which such condominiums are located or to be located a declaration,
as provided in this act, together with a plat or plats, and (b) if
said documents, or either of them, contain an expression of intent
to create a project which is subject to the provisions of this act,
and (c) if at least one (1) of such documents contains:
(i) a plat
or survey map of the surface of the ground included within the project,
(ii) diagrammatic
floor plans of the building or buildings built or to be built thereon
in sufficient detail to identify each unit, its relative location
and approximate dimensions, showing elevations where multi-level or
multi-story structures are diagramed, and
(iii) a
certificate consenting to the recordation of such documents pursuant
to this act, executed and acknowledged by the record owner and the
holder of any recorded security interest in such property. A condominium
project is created if there has been substantial compliance in good
faith with the provisions of this section.
The declaration and
the plat or plats may, prior to the first sale of a condominium, be
amended or revoked by a subsequently recorded instrument executed
and acknowledged by the then record owner and the then holder of any
recorded security interest in such property. Until such recordation
of such a revocation, the provisions of this act shall continue to
apply to such property. The term "record owner" as used
in this section means the owner or owners of the property; or, in
the case of property held under a recorded lease, the lessee; or,
in the case of property held under a recorded sublease of such a lease,
the sublessee; or, in the case of property held under a recorded assignment
of such a lease or such a sublease, the assignee, but does not include
holders or owners of unrecorded interests, or mineral interests, of
easements or of rights of way.