When developing a condominium association do I need a site plan and unit plans?

When developing a condominium association do I need a site plan and unit plans?

June 27, 2014 Mike Sperling Leave a comment

In Massachusetts condominiums are governed by Massachusetts General Law Chapter 183A. Up until January 2008, all condominiums were required to have a condominium site plan prepared and recorded with the master deed at the time the condominium was created. After that date only properties that are in the Registered Land division (Land Court) are required to have a condominium site plan. Heney and Associates always defers to the Registered Land Division requirements.  Therefore, we recommend  that a condominium site plan be prepared for each new condominium. A condominium site plan can prevent problems with future owners in that it provided a visual record of what are the common areas, what are their uses, the locations of individual units and provides an overall image of the property that comprises the condominium.

Condominium floor plans are still required for each condominium unit. They are covered by MGL Ch.183A: Section 9, which reads as follows:

Section 9. Deeds of units shall include the following particulars:—

(a) An indication that the deed relates to a condominium and is subject to the provisions of this chapter. If the condominium relates to a lease which is submitted to the provisions of this chapter, the name of the condominium shall contain the word lease or leasehold and the deed or assignment or each unit shall indicate that the condominium relates to a lease.

(b) A description of the land as provided in section eight, or the post office address of the property, in either case including the book, page and date of recording of the master deed.

(c) The unit designation of the unit in the master deed and any other data necessary for its proper identification.

(d) A statement of the use for which the unit is intended and the restrictions, if any, on its use.

(e) The undivided interest appertaining to the unit in the common areas and facilities.

(f) Any further provisions which the grantor and grantee may deem desirable to set forth, consistent with the master deed and this chapter.

Condominium floor plans are used to identify the size, shape, total area of each individual unit and their relationship to other units and common areas. Condominium floor plans are usually ordered by real estate developers and not the public at large.

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