[Ord. No. 1163-14-09 §1, 12-4-2014]
As used in this chapter, the following terms shall have the
meanings indicated:
The Unit Owners' Association organized under Chapter
448, RSMo.
All portions of a condominium other than the units.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
Any person, or group of persons acting in concert, who:
Any instruments, however denominated, which create a condominium,
and any amendments to those instruments.
A voluntary transfer to a purchaser of any legal or equitable
interest in a unit, but does not include the transfer or release of
a security interest.
The body, regardless of name, designated in the declaration
to act on behalf of the association.
A natural person, corporation, business trust, estate, trust,
partnership, association, joint venture, or other legal or commercial
entity; provided, however, that in the case of a land trust, "person"
means the beneficiary of the trust rather than the trust or the trustee.
A drawing prepared by a registered architect or engineer
which contains information required by the provisions of Section 448.2-109,
RSMo.
A drawing prepared by a registered land surveyor which contains
the information required by the provisions of Section 448.2-109, RSMo.
Any person, other than a declarant or a person in the business
of selling real estate for his own account, who by means of a voluntary
transfer acquires a legal or equitable interest in a unit, other than:
Any leasehold or other estate or interest in, over, or under
land, including structures, fixtures, and other improvements and interests
which by custom, usage, or law pass with a conveyance of land though
not described in the contract of sale or instrument of conveyance.
Real estate includes parcels with or without upper or lower boundaries,
and spaces which may be filled with air or water.
Use for dwelling or recreational purposes, or both.
A physical portion of the condominium designated for separate
ownership or occupancy, the boundaries of which are described pursuant
to Section 448.2-105, RSMo.
A declarant or other person who owns a unit, but does not
include a person having an interest in a unit solely as security for
an obligation.
[Ord. No. 1163-14-09 §1, 12-4-2014]
No condominium on land within the City of Palmyra shall be permitted after December 4, 2014, until all of the provisions and conditions of Chapter 412 have been complied with; and no lot, parcel of land, or unit shall be sold or transferred in violation of the provisions and conditions of this Chapter.
[Ord. No. 1163-14-09 §1, 12-4-2014]
A condominium shall be created in accordance with Sections 448.1-101
to 448.4-120, RSMo., by recording a declaration executed in the same
manner as a deed. No declaration or amendment to a declaration shall
be recorded unless all structural components and mechanical systems
of all buildings containing or comprising any units thereby created
are substantially completed in accordance with the plans, as evidenced
by a recorded certificate of completion executed by a registered and
licensed engineer or architect.
[Ord. No. 1163-14-09 §1, 12-4-2014]
A.
Before any condominium shall be approved by the City Council, a copy
of the declaration for a condominium shall be submitted to the Code
Enforcement Officer for review to determine whether or not the declaration
complies with the requirements of this Chapter, and complies with
the requirements of Section 448.2-105.1, RSMo. The declaration for
a condominium shall contain:
1.
The name of the condominium, which shall include the word "condominium"
or be followed by the words "a condominium," and the association.
2.
A legally sufficient description of the real estate included
in the condominium.
3.
A statement of the maximum number of units which the declarant
reserves the right to create.
4.
A description of the boundaries of each unit created by the
declaration, including each unit's identifying number.
5.
A description of any common elements.
6.
A description of any limited common elements.
7.
Any restrictions on use, occupancy, and alienation of the units.
8.
The recording data for recorded easements and licenses appurtenant
to or included in the condominium or to which any portion of the condominium
is or may become subject by virtue of a reservation in the declaration.
9.
Any other matters the declarant deems appropriate.
B.
Plats and plans are part of the declaration. Separate plans are not
required if all the information required by Section 448.2-109, RSMo.,
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 Section 448.2-109, RSMo. All surveys and plats required
by Section 448.2-109, RSMo., shall be made in compliance with the
minimum standards for property boundary surveys. Each plat must comply
with Section 448.2-109, RSMo. Each plat must contain:
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, 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.
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 Section 448.2-109.1, RSMo., and that unit's identifying number.
7.
The distance between non-contiguous parcels of real estate comprising
the condominium.
8.
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, RSMo.
9.
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."
10.
The location and dimensions of the vertical boundaries of each
unit, and each unit's identifying number.
11.
Any horizontal unit boundaries, with reference to established
datum, and each unit's identifying number.
12.
To the extent not shown or projected on the plat, any units
in which the declarant has reserved the right to create additional
units or common elements, identified appropriately.
C.
The Code Enforcement Officer shall determine whether or not the condominium
declaration complies with the requirements of this Chapter. No condominium
declaration shall be approved by the City Council until the Code Enforcement
Officer has signed a certificate of compliance certifying that the
declaration complies with the requirements of this Chapter.
[Ord. No. 1163-14-09 §1, 12-4-2014]
A.
In addition to the requirement of Section 448.2-109, RSMo., each
condominium plat shall show the boundary lines of the area to be included
in the condominium with accurate distances and bearings; the lines
of all adjoining lands and the lines of adjacent streets and alleys
with their names, radii, arcs and chords, width, names, radii, arcs
and chords, points of tangency, central angles for all curvilinear
streets, and radii for all rounded corners; the accurate outline of
any property which is offered for dedication for public use, whether
intended for alleys, streets, or other public uses; all lot and block
lines with accurate distances and bearings, and an identification
system for all lots and blocks; an identification system for all condominium
units; the location of monuments at the boundary corners; certification
by a civil engineer or surveyor to the effect that the plat represents
a survey made by him, and that all necessary monuments are correctly
shown thereon; a certificate by the declarant that all taxes payable
have been previously paid in full; that all streets, alleys, and easements
have been dedicated to public use forever; acknowledgment by the declarant
before some official authorized by law to take acknowledgments of
conveyances of real estate; the location of present property lines,
streets, buildings, watercourses, tree masses and other existing features
within the condominium area, and similar facts regarding existing
conditions on land immediately adjacent thereto; existing sewers,
water mains, culverts, and other underground structures within the
tract, or immediately adjacent thereto; the location and size of the
nearest water main and sewer or outlet indicated in a general way
upon the plat; the names and adjoining boundaries of all adjoining
subdivisions and the names of record owners of adjoining parcels of
unsubdivided land; contours with intervals of five (5) feet or less;
north point, scale, and date; plans for surface water drainage; plans
for location of sewage disposal facilities; plans for location of
water pipes; plans for location of natural gas lines; plans for location
of storm sewers; plans for location and grade of curbs and gutters;
and the grade and elevation of all proposed streets and alleys to
be dedicated to public use.
[Ord. No. 1163-14-09 §1, 12-4-2014]
Utility construction shall be under, in, or on alleys or land
dedicated for such purpose, not under, in, or on any public street,
except in crossing such street from one alley or easement to another.
[Ord. No. 1163-14-09 §1, 12-4-2014]
A.
No declaration shall be approved by the City of Palmyra until the
declarant shall have either:
1.
Complied with all of the provisions of this Chapter, including
the completion and construction of all improvements, and either the
City Engineer, or the Street Superintendent and the Superintendent
of the Board of Public Works, or other designee of the City Council,
have signed a certificate of development certifying that the declarant
has developed all lots of the condominium in a manner satisfactory
to and in conformity with this Chapter, including the completion and
construction of all improvements; or
2.
Until the declarant shall have made, executed, acknowledged
and delivered to the City of Palmyra a condominium contract in writing,
in a form satisfactory to the City, together with a sum sufficient
for the recording of said contract in the County Recorder's office.
B.
Said condominium contract shall be in a form approved by the City
and shall provide either of the following:
1.
That the declarant shall not sell or convey any lot, parcel
or unit in such condominium, or lease the same, until either the City
Engineer, or the Street Superintendent and the Superintendent of the
Board of Public Works, or other designee of the City Council, shall
have signed a written certificate of development certifying that the
declarant has developed all lots in the condominium in a manner satisfactory
to and in conformity with this Chapter, including the completion and
construction of all improvements; or
2.
That the declarant shall provide either a performance bond or
an irrevocable letter of credit in a form satisfactory to the City
in an amount estimated by the City to be necessary to develop said
condominium in conformity with this Chapter, including the completion
and construction of all improvements. Prior to the execution of said
contract, the declarant shall provide the City with a detailed estimate
of the cost to complete and construct such improvements.
C.
If the condominium contract provides for either a performance bond
or an irrevocable letter of credit, then said contract shall further
provide the following:
1.
That said performance bond or letter of credit shall be conditioned
upon the completion and construction by the declarant of all improvements
in accordance with the plat of said condominium and as required by
this Chapter, compliance by the declarant with all provisions of this
Chapter, and compliance by the declarant with all provisions of said
contract.
2.
That any surety on said performance bond and any issuer of said
letter of credit shall be subject to the approval of the City.
3.
That the City, in its discretion, may waive such performance
bond or letter of credit and, in lieu of such performance bond or
letter of credit, accept the deposit of a cashier's check or
certified check payable to the City, with the same conditions as such
performance bond or letter of credit.
4.
That all improvements shall be completed and constructed within
a designated time. If, at the end of the time so specified, all improvements
have not been completed and constructed by the declarant, the City
may extend the time for completion and construction of such improvements.
If such improvements have not been completed and constructed within
the specified time or within the extended time, the City may require
the surety on said performance bond or the issuer of said letter of
credit to pay the City the lesser of the amount required to complete
such improvements, or the amount of the performance bond or letter
of credit.
5.
If all improvements shall be completed and constructed in accordance
with the contract, then the City Engineer, or the Street Superintendent
and the Superintendent of the Board of Public Works, or other designee
of the City Council, shall sign a written certificate of development
certifying that the declarant has developed all lots in a manner satisfactory
to and in conformity with this Chapter, including the completion and
construction of all improvements, and thereby releasing the performance
bond, irrevocable letter of credit, cashier's check or certified
check provided by the declarant to the City.
[Ord. No. 1163-14-09 §1, 12-4-2014]
If a certificate of development shall be issued under the provisions
of this Chapter, the same shall be recorded in the County Recorder's
office at the expense of the declarant.
[Ord. No. 1163-14-09 §1, 12-4-2014]
After a condominium declaration is approved by the City, one
copy thereof shall be filed in the office of the City Clerk, and one
copy shall, at the expense of the declarant, be duly recorded in the
office of the Recorder of Deeds of Marion County, Missouri.
[Ord. No. 1163-14-09 §1, 12-4-2014; Ord. No. 1190-17-03, 7-20-2017]
Any person violating any provisions of this Chapter shall be
fined an amount of five hundred dollars ($500.00) per day, and the
City shall not be bound to grade, surface or repair any street or
sidewalk, or build, connect or repair any sewer or water lines.
