Counselors:
Question for those who have condominium developments in your municipalities. Should the Declaration in compliance with the Unit Ownership Estate Act (the "Act") be filed before or after the final plat? The final plat will not include traditional lots or blocks to facilitate later conveyances, so it will include a statement that the developer is submitted the property for development under the Act and that the City requires filing or a declaration in compliance with the Act. However, we will not have the book and page number of the declaration to include in the final plat. It makes some sense to have the final plat filed first to ensure the city's easements are of record before the declaration is filed, although language could be included in the declaration to make that document subject to the rights granted and restrictions imposed in the final plat.
How has this been handled in other municipalities? Which comes first, the chicken or the egg?
Jonathan E. Miller
Director, Department of Law
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
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