66-27-305 - Contents of declaration. - Tennessee Statutes

66-27-305. Contents of declaration.

(a)  The declaration for a condominium must contain:

     (1)  The name of the condominium, which must include the word “condominium” or be followed by the words “a condominium”, and the association;

     (2)  The name of every county in which any part of the condominium is situated;

     (3)  A legally sufficient description of the real estate included in the condominium, including a recital pursuant to § 66-24-110;

     (4)  A description of the boundaries of each unit created by the declaration, including the unit's identifying number;

     (5)  A description of any limited common elements, other than those specified in § 66-27-302(2) and (4), as provided in § 66-27-309(b)(10);

     (6)  A description of any real estate, except real estate subject to development rights, that may be allocated subsequently as limited common elements, other than limited common elements specified in § 66-27-302(2) and (4), together with a statement that they may be so allocated;

     (7)  A description of any development rights and other special declarant rights as defined by § 66-27-203, reserved by the declarant; provided, that, prior to the exercise of any such rights, no consent or joinder by the holder of the right to the termination of the condominium shall be required;

     (8)  If any development right may be exercised with respect to different parcels of real estate, a statement to that effect, together with a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right; provided, that, if the declaration does not provide that the right must be exercised at a specific time, in a particular order, or with respect to all of the real estate, then the right may be exercised at any time, in any order, or with respect to any portion of the real estate;

     (9)  Any conditions or limitations under which the rights described in subdivision (a)(7) may be exercised or will lapse;

     (10)  An allocation to each unit of the allocated interests in the manner described in § 66-27-307;

     (11)  Any restrictions on use, occupancy, and alienation of the units; and

     (12)  All matters required by §§ 66-27-306, 66-27-307, 66-27-308, 66-27-309, 66-27-315, 66-27-316, and 66-27-403(c).

(b)  The declaration may contain any other matters the declarant deems appropriate.

[Acts 2008, ch. 766, § 1.]