Delaware Code (Titles 8, 9, 25, 30)

25 Del. C. § 81-209

Plats and plans

Official textdelcode.delaware.gov24 subsections

# (a)

Plats and plans are a part of the declaration, and are required for all condominiums and cooperatives. Each plat and plan must be clear and legible and contain a certification as required by subsection (g) of this section and by declarant that the plat or plan contains all information required by this section.

# (b)

Each plat must show or project:

# (1)

The name and a survey or general schematic map of the entire common interest community;

# (2)

The location and dimensions of all real estate not subject to development rights, or subject only to the development right to withdraw, and the location and dimensions of all existing improvements within that real estate;

# (3)

A legally sufficient description of any real estate subject to development rights, labeled to identify the rights applicable to each parcel, but plats and plans need not designate or label which development rights are applicable to each parcel if that information is clearly delineated in the declaration;

# (4)

The extent of any encroachments by or upon any portion of the common interest community;

# (5)

To the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the common interest community;

# (6)

Except as provided in subsection (h) of this section, the approximate location and dimensions of any vertical unit boundaries not shown or projected on plans recorded pursuant to subsection (d) of this section and that unit’s identifying number;

# (7)

Except as provided in subsection (h) of this section, the approximate location with reference to an established datum of any horizontal unit boundaries not shown or projected on plans recorded pursuant to subsection (d) of this section and that unit’s identifying number;

# (8)

A legally sufficient description of any real estate in which the unit owners will own only an estate for years, labeled as “leasehold real estate”;

# (9)

The distance between noncontiguous parcels of real estate comprising the common interest community; and

# (10)

The approximate location and dimensions of any porches, decks, balconies, garages, or patios allocated as limited common elements, and show or contain a narrative description of any other limited common elements.

# (11)

[Repealed.]

# (c)

A plat shall show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the common interest community. Any contemplated improvement shown must be labeled either “MUST BE BUILT” or “NEED NOT BE BUILT.”

# (d)

Except as provided in subsection (h) of this section, to the extent not shown or projected on the plats, plans of the units must show or project:

# (1)

The approximate location and dimensions of the vertical boundaries of each unit, and that unit’s identifying number;

# (2)

The approximate location of any horizontal unit boundaries, with reference to an established datum, and that unit’s identifying number; and

# (3)

The approximate location of any units in which the declarant has reserved the right to create additional units or common elements (§ 81-210(c) of this title), identified appropriately.

# (e)

Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside a building have the same elevation as the horizontal boundaries of the inside part and need not be depicted on the plats and plans.

# (f)

Upon exercising any development right, the declarant shall record either new plats and plans necessary to conform to the requirements of subsections (a), (b), and (d) of this section, or new certifications of plats and plans previously recorded if those plats and plans otherwise conform to the requirements of those subsections.

# (g)

Any certification of a plat or plan required by this section or § 81-201(b) of this title must be made by an independent architect, independent licensed professional land surveyor or independent engineer.

# (h)

Plats and plans need not show the location and dimensions of the units’ boundaries or their limited common elements if:

# (1)

The plat shows the location and dimensions of all buildings containing or comprising the units; and

# (2)

The declaration includes other information that shows or contains a narrative description of the general layout of the units in those buildings and the limited common elements allocated to those units.

Amendment history

76 Del. Laws, c. 422, § 2; 77 Del. Laws, c. 91, §§ 27-29, 82

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