Section 559.301. Minimum requirements.


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  • Rule 301. (1) A master deed shall contain a statement referring to   the condominium subdivision   plan  and  the  condominium   bylaws  and  shall incorporate them by reference.

    (2)  A master deed shall contain the mandatory provisions required  by sections 8, 9, 37(3), and 69 of the act.

    (3)   Where applicable, a master deed shall  contain   the  provisions  in sections 31, 32, 33, 34(2), 35, 36, 37(1) and (2), 41, 45, 46, 47, 49, and 121 of the act.

    (4)    A master deed shall describe in detail all general and limited common elements. Pursuant to section 39 of the act,  limited  common elements shall be assigned in the master deed, unless the power to amend the master deed to make such assignments is reserved to the developer. The master deed shall designate the manner in which the common elements will be assessed.

    (5)   Pursuant to sections 35, 40, and 44 of the act, a master deed shall provide for the following easements:

    (a)   Reciprocal easements for a change of boundaries of units due to shifting, settling, or moving of a building in the condominium project.

    (b)    Easements for the installation, maintenance, and service for all utilities, including light, heat, power, sewer, water, and communications.

    (c)    If the project is not served by an existing municipal  water  and sewage system, and any component of the system is not located on property to be owned by the condominium, an  easement  shall  be   obtained,  or  other suitable  arrangement   made, for  the  repair   and  maintenance   of   such components, so long as the system continues to be used by the project.

    (d)    Such other easements as may be necessary for continued  use   and enjoyment of the project.

History: 1979 AC; 1985 AACS.