Effective - 28 Aug 1988
448.2-109. Plats and plans. — 1. Plats and plans are a part of the declaration. Separate plans are not required by sections 448.1-101 to 448.4-120 if all the information required by this section is contained in the plat. Each plat and plan shall be clear and legible and contain a certification that the plat or plan contains all information required by this section. All surveys and plats required by this section shall be made in compliance with the minimum standards for property boundary surveys as established by rule of the department of natural resources.
2. Each plat shall show:
(1) The name and a survey or general schematic map of the entire condominium;
(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;
(4) The extent of any encroachments by or upon any portion of the condominium;
(5) To the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the condominium;
(6) The location and dimensions of any vertical unit boundaries not shown or projected on plans recorded pursuant to subsection 4 of this section and that unit's identifying number;
(7) The location with reference to an established datum of any horizontal unit boundaries not shown or projected on plans recorded pursuant to subsection 4 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 condominium;
(10) The location and dimensions of limited common elements, including porches, balconies and patios, other than parking spaces and the other limited common elements described in subdivisions (2) and (4) of section 448.2-102;
(11) In the case of real estate not subject to development rights, all other matters customarily shown on land surveys.
3. A plat may also show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the condominium. Any contemplated improvement shown must be labeled either "SHALL BE BUILT" or "NEED NOT BE BUILT".
4. To the extent not shown or projected on the plats plans of the units shall show or project:
(1) The location and dimensions of the vertical boundaries of each unit, and each unit's identifying number;
(2) Any horizontal unit boundaries, with reference to established datum, and each unit's identifying number; and
(3) To the extent not shown or projected on the plats, any units in which the declarant has reserved the right to create additional units or common elements, identified appropriately.
5. Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside of a building have the same elevation as the horizontal boundaries of the inside part, and need not be depicted on the plats and plans.
6. Upon exercising any development right, the declarant shall record either new plats and plans necessary to conform to the requirements of subsections 1, 2, and 4 of this section, or new certifications of plats and plans previously recorded if those plats and plans otherwise conform to the requirements of subsections 1, 2, and 4.
7. Any certification of a plat required by this section shall be made by a registered and licensed surveyor, and any certification of a plan required by subsection 2 of section 448.2-101 shall be made by an architect or engineer.
8. A plat shall be amended to show alterations to the boundaries of any unit, common element, or, pursuant to subdivision (10) of subsection 2 of this section, limited common element.
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(L. 1983 H.B. 177, A.L. 1988 H.B. 1184)
Structure Missouri Revised Statutes
Title XXIX - Ownership and Conveyance of Property
Chapter 448 - Condominium Property
Section 448.005 - Title of law.
Section 448.010 - Definitions.
Section 448.020 - Property submitted to condominium law by declaration.
Section 448.030 - Declaration, contents — amendments.
Section 448.060 - Instrument affecting unit affects ownership of common elements.
Section 448.070 - Common elements to remain undivided — exceptions.
Section 448.090 - Liens, against what — consent, how given.
Section 448.100 - Taxes, assessed and levied against units.
Section 448.110 - Interest acquired by tax deed, subject to what.
Section 448.130 - Insurance proceeds used for reconstruction — reconstruction defined.
Section 448.140 - Insurance proceeds insufficient to reconstruct, effect.
Section 448.160 - Property removed from condominium law, how, effects.
Section 448.170 - Bylaws, amendments.
Section 448.180 - Bylaws, contents.
Section 448.195 - Condemnation proceedings, board of managers to represent all unit owners.
Section 448.200 - Managers to keep records, open to owners.
Section 448.210 - Rule against perpetuities — restraints on alienation.
Section 448.1-101 - Short title.
Section 448.1-102 - Applicability.
Section 448.1-103 - Definitions.
Section 448.1-104 - Variation by agreement.
Section 448.1-105 - Separate titles and taxation.
Section 448.1-106 - Applicability of local ordinances, regulations, and building codes.
Section 448.1-107 - Eminent domain.
Section 448.1-108 - Supplemental general principles of law applicable.
Section 448.1-109 - Construction against implicit repeal.
Section 448.1-110 - Uniformity of application and construction.
Section 448.1-111 - Severability.
Section 448.1-112 - Unconscionable agreement or term of contract.
Section 448.1-113 - Obligation of good faith.
Section 448.1-114 - Remedies to be liberally administered.
Section 448.2-101 - Creation of condominium.
Section 448.2-102 - Unit boundaries.
Section 448.2-103 - Construction and validity of declaration and bylaws.
Section 448.2-104 - Description of units.
Section 448.2-105 - Contents of declaration.
Section 448.2-106 - Leasehold condominiums.
Section 448.2-107 - Allocation of common element interests, votes, and common expense liabilities.
Section 448.2-108 - Limited common elements.
Section 448.2-109 - Plats and plans.
Section 448.2-110 - Exercise of development rights.
Section 448.2-111 - Alterations of units.
Section 448.2-112 - Relocation of boundaries between adjoining units.
Section 448.2-113 - Subdivision of units.
Section 448.2-114 - Monuments as boundaries.
Section 448.2-115 - Use for sale purposes.
Section 448.2-116 - Easement rights.
Section 448.2-117 - Amendment of declaration.
Section 448.2-118 - Termination of a condominium.
Section 448.2-119 - Rights of secured lenders.
Section 448.2-120 - Master associations.
Section 448.2-121 - Merger or consolidation of condominiums.
Section 448.3-101 - Organization of unit owners' association.
Section 448.3-102 - Powers of unit owners' association.
Section 448.3-103 - Executive board members and officers.
Section 448.3-104 - Transfer of special declarant rights.
Section 448.3-105 - Termination of contracts and leases of declarant.
Section 448.3-107 - Upkeep of condominium.
Section 448.3-110 - Voting — proxies.
Section 448.3-111 - Tort and contract liability.
Section 448.3-112 - Conveyance or encumbrance of common elements.
Section 448.3-113 - Insurance.
Section 448.3-114 - Surplus funds.
Section 448.3-115 - Assessments for common expenses.
Section 448.3-116 - Lien for assessments.
Section 448.3-117 - Other liens affecting the condominium.
Section 448.3-118 - Association records.
Section 448.3-119 - Association as trustee.
Section 448.4-101 - Applicability — waiver.
Section 448.4-102 - Liability for public offering statement requirements.
Section 448.4-103 - Original sale certificate, general provisions.
Section 448.4-104 - Original sale certificate, condominiums subject to development rights.
Section 448.4-105 - Original sale certificate, time-shares.
Section 448.4-106 - Original sale certificate, condominiums containing conversion buildings.
Section 448.4-107 - Original sale certificate, condominium securities.
Section 448.4-108 - Purchaser's right to cancel.
Section 448.4-109 - Resales of units.
Section 448.4-110 - Escrow of deposits.
Section 448.4-111 - Release of liens.
Section 448.4-113 - Express warranties of quality.
Section 448.4-114 - Implied warranties of quality.
Section 448.4-115 - Exclusion or modification of implied warranties of quality.
Section 448.4-116 - Statute of limitations for warranties.
Section 448.4-117 - Effect of violations on rights of action — attorney's fees.
Section 448.4-118 - Labeling of promotional material.
Section 448.4-119 - Declarant's obligation to complete and restore.