§ 18-13-106 - Additional units in excess of those described in master deed. - Arkansas Statutes

18-13-106. Additional units in excess of those described in master deed.

(a) The sole owner or co-owners of property constituted and established under this chapter as a horizontal property regime may, by description of their intentions in the master deed provided for in 18-13-104, provide for the addition of apartments or units in the horizontal property regime in excess of those for which specific plans are initially recorded with the master deed.

(b) With reference to any such additional buildings, the plans recorded with the master deed shall reflect:

(1) The area of the property within which the additional apartments or units will be constructed;

(2) The maximum and minimum number of square feet and the maximum and minimum number of additional apartments or units to be constructed;

(3) A general description of any rights in the common elements to be enjoyed by the owners of any additional units or apartments;

(4) The date prior to which final detailed plans for the additional units or apartments will be recorded, with the amendment to the master deed reflecting the revised information to be included in the master deed pursuant to 18-13-104; and

(5) A covenant and warranty extending to each and all of the owners of individual units or apartments in the regime that any such construction would be of similar quality, in a workmanlike manner, and in the same architectural style as the original buildings in the regime and that the construction will conform, generally, with the specifications set forth in the master deed as required in 18-13-104.

(c) (1) Any property purportedly established as a horizontal property regime pursuant to this chapter and otherwise complying with it, but which at the time of the recording of the master deed called for in 18-13-104 did not have one (1) or more completed buildings thereon or which provided for additional or future construction of one (1) or more buildings in addition to those for which plans were initially recorded with the master deed, shall for all purposes be considered and treated as a horizontal property regime in accordance with this chapter.

(2) All mortgages thereof or conveyances thereof as such heretofore occurring shall, likewise, for all purposes be deemed as effective mortgages and conveyances of the same as against any claim that the regime was improperly established at the time thereof.