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Contents of Declarations
Required Elements
The contents of a condominium declaration is specified in Idaho Code 55-1505. The following is an outline of the declarations presented from the condominium plat workshop.
The declaration and the plat must agree. It is essential for the plat surveyor and the attorney to work together.
The 3 basic elements as outlined in I.C. 55-1505 (typically included as Exhibits A, B & C.) include the following:
· Description of the Project (surface of the ground). This is typically included in the declaration as Exhibit A.
· Identification of Units (usually a copy of the current plat to be recorded). This is typically included in the declaration as Exhibit B.
· Percentage Table of Common Area Ownership. While Idaho Code defines this basis as value, the Ada County Assessor uses area in square feet for tax purposes. This is typically included in the declaration as Exhibit C.
Idaho Code specifies that while the declaration must contain the above items, it may also include, without limitation, multiple other items regarding the operation, structure and other provisions for the condominium operation and ownership. While Idaho Code may give the option to not include these additional items, it is unknown under what circumstances these items could be reasonably excluded from the declarations.
Exhibit A: Legal Description of the Surface of the Ground
· Boundary is based on “the survey of the ground”
· Must be a metes & bounds description.
· Description appears in both the plat Certificate of Owners and the declaration. Must be the same description.
Exhibit B: Legal Description of each Unit
· Consists of floor plans and cross sections (also described as elevations)
· Cross section is scaled drawing of a side, front or rear of a given structure to show vertical dimensions. This may be a typical section, or in the case of a vaulted ceiling, to show the additional area of volume.
· Dimension the floor to define the boundary of the unit, and add any dimensions required to determine the area of common area within the unit boundary (pillars).
Exhibit C: Percentage of Common Area Ownership
· Idaho Code specifies the percentage is based on the value of each unit in relation to the value of the property as a whole, instead of area. In practice, many different ways are used.
· If value is used, do not show an area. If area is used, the Declarations should specify how the percentage is derived, and the results must be consistent with the declarations.
· Show only the percentage for the units, and the sum of the unit percentages must equal 100.00
· There is no difference between Limited Common Area and Common Area in this calculation. It is all Common ownership, whether its use is restricted or not. Showing the amount of common area is not required.
· If a value is used as the basis, it is not required to show the value. The value at the time of filing is arbitrary and subject to change. Only the percentage is required.
Square Feet vs. Cubic Fee
Idaho Code requires that the units of a condominium be shown on the plat by floor plans and cross-sections in sufficient detail to determine the air-space so encompassed. While this requirement seems to infer that the condominium is actually defined in cubic feet, the reality is that most users ignore the elevation, or height dimension. An appraiser is more interested in the square feet and value. The Ada County Assessor only taxes the units by the square feet of floor space and an assessed value. In addition, the depiction of the units is limited by the use of software that is not capable of 3-D views. Again, the height dimension is ignored. An accurate depiction of the height may add more cubic feet (or value) to a unit in the future if perception changes to where volume matters as much as floor space.
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Last revised: 4/25/2007 10:30:29 AM
Contents of Declarations
Required Elements
The contents of a condominium declaration is specified in Idaho Code 55-1505. The following is an outline of the declarations presented from the condominium plat workshop.
The declaration and the plat must agree. It is essential for the plat surveyor and the attorney to work together.
The 3 basic elements as outlined in I.C. 55-1505 (typically included as Exhibits A, B & C.) include the following:
· Description of the Project (surface of the ground). This is typically included in the declaration as Exhibit A.
· Identification of Units (usually a copy of the current plat to be recorded). This is typically included in the declaration as Exhibit B.
· Percentage Table of Common Area Ownership. While Idaho Code defines this basis as value, the Ada County Assessor uses area in square feet for tax purposes. This is typically included in the declaration as Exhibit C.
Idaho Code specifies that while the declaration must contain the above items, it may also include, without limitation, multiple other items regarding the operation, structure and other provisions for the condominium operation and ownership. While Idaho Code may give the option to not include these additional items, it is unknown under what circumstances these items could be reasonably excluded from the declarations.
Exhibit A: Legal Description of the Surface of the Ground
· Boundary is based on “the survey of the ground”
· Must be a metes & bounds description.
· Description appears in both the plat Certificate of Owners and the declaration. Must be the same description.
Exhibit B: Legal Description of each Unit
· Consists of floor plans and cross sections (also described as elevations)
· Cross section is scaled drawing of a side, front or rear of a given structure to show vertical dimensions. This may be a typical section, or in the case of a vaulted ceiling, to show the additional area of volume.
· Dimension the floor to define the boundary of the unit, and add any dimensions required to determine the area of common area within the unit boundary (pillars).
Exhibit C: Percentage of Common Area Ownership
· Idaho Code specifies the percentage is based on the value of each unit in relation to the value of the property as a whole, instead of area. In practice, many different ways are used.
· If value is used, do not show an area. If area is used, the Declarations should specify how the percentage is derived, and the results must be consistent with the declarations.
· Show only the percentage for the units, and the sum of the unit percentages must equal 100.00
· There is no difference between Limited Common Area and Common Area in this calculation. It is all Common ownership, whether its use is restricted or not. Showing the amount of common area is not required.
· If a value is used as the basis, it is not required to show the value. The value at the time of filing is arbitrary and subject to change. Only the percentage is required.
Square Feet vs. Cubic Fee
Idaho Code requires that the units of a condominium be shown on the plat by floor plans and cross-sections in sufficient detail to determine the air-space so encompassed. While this requirement seems to infer that the condominium is actually defined in cubic feet, the reality is that most users ignore the elevation, or height dimension. An appraiser is more interested in the square feet and value. The Ada County Assessor only taxes the units by the square feet of floor space and an assessed value. In addition, the depiction of the units is limited by the use of software that is not capable of 3-D views. Again, the height dimension is ignored. An accurate depiction of the height may add more cubic feet (or value) to a unit in the future if perception changes to where volume matters as much as floor space.
Go to Top of Page
Last revised: 4/25/2007 10:30:29 AM
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