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381.9141 Plats and plans.
(1)
(2)
(3)
(4)
(5)
(6)
Plats and plans are a part of the declaration. Separate plats and plans are not
required by KRS 381.9101 to 381.9207 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.
Each plat shall contain:
(a) The name and a survey or general schematic map of the entire
condominium;
(b) 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;
(c) A legally sufficient description of any real estate subject to development
rights, labeled to identify the rights applicable to each parcel;
(d) The extent of any encroachments by or upon any portion of the
condominium;
(e) The location, with reference to an established datum, of any horizontal
unit boundaries not shown or projected on plans recorded pursuant to
subsection (4) of this section and that unit's identifying number;
(f) 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";
(g) The distance between noncontiguous parcels of real estate comprising
the condominium;
(h) The location and dimensions of limited common elements, including
porches, balconies, and patios, other than parking spaces and the other
limited common elements described in KRS 381.9127(2), (4), and (6); and
(i) In the case of real estate not subject to development rights, all other
matters customarily shown on land surveys prepared in accordance with
standards established pursuant to KRS 322.290.
A plat may also show the intended location and dimensions of any
contemplated improvement to be constructed anywhere within the
condominium. Any contemplated improvement shown shall be labeled either
"MUST BE BUILT" or "NEED NOT BE BUILT."
To the extent not shown or projected on the plats, plans of the units shall show
or project:
(a) Any horizontal unit boundaries exclusive of elevations, with reference to
an established datum, and that unit's identifying number; and
(b) Any units in which the declarant has reserved the right to create
additional units or common elements, identified appropriately.
Unless the declaration provides otherwise, the horizontal boundaries of part of
a unit located outside of a building have the same elevation as the horizontal
boundaries of the inside part, and need not be depicted on the plats and plans.
Upon exercising any development right, the declarant shall record either new
(7)
plats and plans necessary to conform to the requirements of subsections (1),
(2), and (4) of this section, or new certifications of plats and plans previously
recorded if those plats and plans otherwise conform to the requirements of
subsections (1), (2), and (4) of this section.
Any certification of a plat or plan required by KRS 381.9125 or this section
shall be made by a professional land surveyor, licensed architect, or
professional engineer.
Effective:January 1, 2011
History: Created 2010 Ky. Acts ch. 97, sec. 21, effective January 1, 2011.
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