Certificate of Owners for Condominiums
The Certificate of Owners for Condominiums is almost identical to the requirements outlined in Idaho Code 50-13. Differences required in Idaho Code 55-15 are noted below.
Questions have risen in the past regarding whether certain platting statutes are applicable to a condominium project, instead of being simply required as an addendum to the subdivision platting provisions. These items include the irrigation certification, and water provision statement. At this time, these items are still required. We would encourage any interested parties to pursue clarification of or changes to Idaho Code, as to whether these items are indeed applicable to a condominium plat.
Review
· Does the certificate specifically state an intention “to create a (condominium) project”? (I.C. 55-1504-b)
· Does the certificate specifically state that “the owners consent to recordation of documents pursuant to Chapter 15, Title 55 of the Idaho Code”?
· Did the Owner of Record AND the holder of any recorded security interest sign the plat? Do the notarized signatures appear in the Declarations? The record owner must sign the plat and the condominium declarations. The security interest may sign the plat or the declarations, but must sign the consent outlined in Idaho Code (55-1504 c.iii) whether it appears on the plat or in the declarations.
· Does the legal description included in the Declarations (generally as an Exhibit) match the metes and bounds legal description in the Certificate of Owners?
· Does the certificate include a statement in accordance with 50-1334 regarding water service, and does it make the reference to a project and units?
Last revised: 4/17/2007 4:40:02 PM
Certificate of Owners for Condominiums
The Certificate of Owners for Condominiums is almost identical to the requirements outlined in Idaho Code 50-13. Differences required in Idaho Code 55-15 are noted below.
Questions have risen in the past regarding whether certain platting statutes are applicable to a condominium project, instead of being simply required as an addendum to the subdivision platting provisions. These items include the irrigation certification, and water provision statement. At this time, these items are still required. We would encourage any interested parties to pursue clarification of or changes to Idaho Code, as to whether these items are indeed applicable to a condominium plat.
Review
· Does the certificate specifically state an intention “to create a (condominium) project”? (I.C. 55-1504-b)
· Does the certificate specifically state that “the owners consent to recordation of documents pursuant to Chapter 15, Title 55 of the Idaho Code”?
· Did the Owner of Record AND the holder of any recorded security interest sign the plat? Do the notarized signatures appear in the Declarations? The record owner must sign the plat and the condominium declarations. The security interest may sign the plat or the declarations, but must sign the consent outlined in Idaho Code (55-1504 c.iii) whether it appears on the plat or in the declarations.
· Does the legal description included in the Declarations (generally as an Exhibit) match the metes and bounds legal description in the Certificate of Owners?
· Does the certificate include a statement in accordance with 50-1334 regarding water service, and does it make the reference to a project and units?
Last revised: 4/17/2007 4:40:02 PM