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18-13-106. Additional units in excess of those described in master deed.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-13-106. Additional units in excess of those described in master deed.
(a) The sole owner or co-owners of property constituted and established under this chapter as a horizontal property regime may, by description of their intentions in the master deed provided for in § 18-13-104, provide for the addition of apartments or units in the horizontal property regime in excess of those for which specific plans are initially recorded with the master deed.
(b) With reference to any such additional buildings, the plans recorded with the master deed shall reflect:
(1) The area of the property within which the additional apartments or units will be constructed;
(2) The maximum and minimum number of square feet and the maximum and minimum number of additional apartments or units to be constructed;
(3) A general description of any rights in the common elements to be enjoyed by the owners of any additional units or apartments;
(4) The date prior to which final detailed plans for the additional units or apartments will be recorded, with the amendment to the master deed reflecting the revised information to be included in the master deed pursuant to § 18-13-104; and
(5) A covenant and warranty extending to each and all of the owners of individual units or apartments in the regime that any such construction would be of similar quality, in a workmanlike manner, and in the same architectural style as the original buildings in the regime and that the construction will conform, generally, with the specifications set forth in the master deed as required in § 18-13-104.
(c)(1) Any property purportedly established as a horizontal property regime pursuant to this chapter and otherwise complying with it, but which at the time of the recording of the master deed called for in §
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-13-106
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:18-13-106
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 78434fa3c7f9edf4e8fc6a55f8dcb392beafd705de5d9014b11cb24d7fba4f48
Source location: content.xml paragraph 2284
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18-13-106. Additional units in excess of those described in master deed.
(a) The sole owner or co-owners of property constituted and established under this chapter as a horizontal property regime may, by description of their intentions in the master deed provided for in § 18-13-104, provide for the addition of apartments or units in the horizontal property regime in excess of those for which specific plans are initially recorded with the master deed.
(b) With reference to any such additional buildings, the plans recorded with the master deed shall reflect:
(1) The area of the property within which the additional apartments or units will be constructed;
(2) The maximum and minimum number of square feet and the maximum and minimum number of additional apartments or units to be constructed;
(3) A general description of any rights in the common elements to be enjoyed by the owners of any additional units or apartments;
(4) The date prior to which final detailed plans for the additional units or apartments will be recorded, with the amendment to the master deed reflecting the revised information to be included in the master deed pursuant to § 18-13-104; and
(5) A covenant and warranty extending to each and all of the owners of individual units or apartments in the regime that any such construction would be of similar quality, in a workmanlike manner, and in the same architectural style as the original buildings in the regime and that the construction will conform, generally, with the specifications set forth in the master deed as required in § 18-13-104.
(c)(1) Any property purportedly established as a horizontal property regime pursuant to this chapter and otherwise complying with it, but which at the time of the recording of the master deed called for in § 18-13-104 did not have one (1) or more completed buildings thereon or which provided for additional or future construction of one (1) or more buildings in addition to those for which plans were initially recorded with the master deed, shall for all purposes be considered and treated as a horizontal property regime in accordance with this chapter.
(2) All mortgages thereof or conveyances thereof as such heretofore occurring shall, likewise, for all purposes be deemed as effective mortgages and conveyances of the same as against any claim that the regime was improperly established at the time thereof.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-13-104. Master deed.
(a) The master deed creating and establishing the horizontal property regime shall be executed by the owner or owners of the real property making up the regime and shall be recorded in the office of the clerk and ex officio recorder of the county where the property is located.
(b) The master deed shall express the following particulars:
(1) The description of the land and the building, expressing their respective areas;
(2) The general description and number of each apartment, expressing its area, location, and any other data necessary for its identification;
(3) The description of the general common elements of the building and, in proper cases, of the limited common elements restricted to a given number of apartments, expressing which are those apartments; and
(4) The value of the property and of each apartment and, according to these basic values, the percentage appertaining to the co-owners in the expenses of, and rights in, the elements held in common.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-13-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-13-104. This identifies an authority to review, not proof of applicability.