AMENDED CONDOMINIUM PROJECTS
To make the process of amending a condominium plat somewhat easier and less cumbersome, we have come up with a procedure to help you through the process and possibly standardize it. We have also come up with a review fee (See bottom of page) for the amended condominium project.
FILING AMENDMENTS TO CONDOMINIUM PROJECTS
The following procedure for filing amendments to Condominium projects has been developed to provide a uniform method for creating a public record. This procedure has been reviewed and agreed to by this office, the Assessor's office and the Recorder's office. If there are any questions please contact Jerry Hastings at Development Services. (208)-287-7900.
PROCEDURES FOR FILING AMENDMENTS TO CONDOMINIUM PROJECTS
An amendment to a condominium project is provided for in IC 55-1504, 1506, & 1508, (Not inclusive list) The actions of the owner or owners to amend must be recorded, therefore I recommend that when a "plat, map or drawing is presented for recording as an amendment to a condominium project that it be prepared in the same medium as a plat or Record of Survey and contain the following:
Five certificates and signatures.
1. A Certificate of the Owners citing the action taken and under what provisions. - Authorized Action
2. A Certificate of the Surveyor responsible for the work. - Accuracy
3. A Certificate of the County Surveyor. - Substance and content
4. A Certificate of the County Treasurer - Payment of Taxes Current
5. A Certificate for the Recorder. - Official record
Notes that:
1. Identify the original Condominium documents, giving instrument number of the Declaration and the Book and Page(s) for the Plats, including subsequent amendments and amendment numbers.
2. State that the Elevation dimensions are not changed or, if they are different state that changes to the Elevation are shown.
Other notes that help clearly represent the amendments, as deemed necessary by the Surveyor.
The plat, map or drawing must be titled, recorded and indexed as a
"(Name of recorded condominium) CONDOMINIUM PROJECT AMENDMENT NO."
An example would be " MAIN STREET CONDOMINIUM PROJECT AMENDMENT NO. 1".
The number of an amendment can be added to the end to keep track of the sequence of the amendments.
Submit the original mylar with owner and surveyor signatures to the County Surveyor for review. Also, submit the Declaration document that amends the recorded Declaration along with the two Exhibits that describe the units and state the % ownership of the common area. There is a review fee at this time (See below).
The Recorder will receive one original mylar with original signatures and mylar copy for recording.
DO NOT PRESENT THE PLAT TO THE RECORDER AS A RECORD OF SURVEY
CONTENTS OF OWNER'S CERTIFICATE FOR CONDOMINIUM PROJECT AMENDMENTS:
Certificate should contain:
1. A statement of the nature of the amendment.
2. A statement of the authority required to amend.
3. A statement that the necessary consent and/or approval have been secured.
Example:
"We the undersigned do hereby certify; that this amendment is to (here include the nature or specifics of the amendment); that the amendment requires the owners representing (here insert % of the voting rights required by declaration) of the Association consent and agree; that the consent and agreement for the amendment has obtained in accordance with the By-Laws of the Main Street Condominiums."
(NOTICE: ** I recommend you have legal council review this document before using it.)
SUGGESTED WORDING FOR THE CERTIFICATE OF SURVEYOR FOR A PROJECT AMENDMENT
Fees for the review of the Amended Condominium plat will be: $192 for the base fee plus $35 per unit for closures*.
*Except where the name is changed and a new declaration is filed. Regular verification fee will then apply.