PROBLEMS:

1. How is a condominium development validly created in the State of Maine?
   
   
2. Are there special requirements for a deed of a condominium unit?
   
   

RECOMMENDATIONS:

1. Creation of Condominium
   
   
   1. Prior to September 3, 1965, a statutory condominium did not exist in the State of Maine.
      
      
   2. From September 3, 1965 to December 31, 1982, condominiums were created pursuant to the Unit Ownership Act, 33 M.R.S.A. §560 et seq. (Public Laws of 1965, Chapter 367) Under that Statute, the following essential elements were required.
      
      
      1. The Declaration of Condominium, meeting all twelve requirements of §569, including a set of Bylaws for the Association, meeting all requirements of §576.
         
         
      2. Perimeter survey, showing the land in the project which needs to be certified to be substantially correct by a licensed surveyor or engineer. §569(1)
         
         
      3. A set of floor plans for the buildings showing the layout, location, unit number, unit dimensions, name of the building, reference to the date, and volume and page of recording of the original declaration, and containing the verified statement of a registered architect or licensed professional engineer that the floor plans are an accurate copy of portions of the plans of the building as filed and approved by the applicable governmental authority. §571(3)
         
         
      4. The Declaration, Bylaws, survey and floor plans all must be simultaneously recorded in the unit ownership file of the appropriate County Registry. §571
         
         
   3. Beginning January 1, 1983 condominiums are created pursuant to the Maine Condominium Act, 33 M.R.S.A. §1601-101 et seq. (Public Laws of 1982, Chapter 699) Essential elements include a declaration recorded in the document books of the appropriate Registry, (§1602-105) and plats and plans recorded in the plan books or condominium files of the appropriate Registry. (§1602-109)
      
      
2. Condominium Deeds
   
   
   1. Under the unit Ownership Act, each deed of a unit had to contain all information required by §570. See also paragraph B below, which now applies to the Unit Ownership Act.
      
      
   2. Under the Maine Condominium Act, the following references are deemed to be sufficient to convey a unit and all appurtenant rights (§1602-104):
      
      
      1. Name of the condominium.
         
         
      2. Identification of unit number (including building number and cluster number where appropriate)
         
         

         20A
         

         STANDARD NO. 212, Continued
         
         

      3. Recording information for the declaration.
         
         
      4. Reference to the county or recording district where the condominium is located.
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         

First adopted January 6, 1987; amended March 9, 2004 and March 15, 2005.