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Kentucky · Snapshot 09/05/2026

KRS 381.835: Recording -- Requirements of master deed or lease -- Record of floor

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  1. KRS Chapter 381

plans.

(1) The county clerk shall immediately set up the mechanics and methods by which

recordation of a master deed or lease and of the individual units may be made.

Provisions shall be made for the recordation of the individual units on subsequent

resales, mor tgages, and other encumbrances, as is done with all other real estate

recordation. The master deed or lease to which KRS 381.815 refers shall express

the following particulars:

(a) The description of the land, whether leased or in fee simple, and the build ing,

expressing their respective areas;

(b) The general description and the number of each unit, expressing its area,

location, and any other data necessary for its identification;

(c) The description of the general common elements of the building; and

(d) The common elements, both general and limited, shall remain undivided and

shall not be the object of an action for partition or division of the co -

ownership. Any covenant to the contrary shall be void.

(2) Simultaneously with the recording of the declarat ion, there shall be filed in the

office of the recording officer a set of the floor plans of the building or buildings,

showing the layout, location, unit numbers, and dimensions of the units, stating the

name of the property or that it has no name, and be aring the verified certification by

a licensed architect or professional engineer that it is an accurate copy of portions of

the plans of the building or buildings as filed with and approved by the county or

city and county officer having jurisdiction over the issuance of permits for the

construction of buildings, or, in the alternative, certifying that the plans fully and

accurately depict the layout, location, unit numbers, and dimensions of the units as

built. If the plans do not include a verified state ment of a licensed architect or

professional engineer that the plans fully and accurately depict the layout, location,

unit numbers, and dimensions of the units as built, there shall be recorded prior to

the first conveyance of any unit an amendment to the declaration to which shall be

attached a verified statement of a professional land surveyor certifying that the plans

filed, or being filed simultaneously with the amendment, fully and accurately depict

the layout, location, unit numbers, and dimensions o f the units as built. The plans

shall be kept by the recording officer in a separate file for each property, indexed in

the same manner as a conveyance entitled to record, numbered serially in the order

of receipt, each designated "condominium ownership," with the name of the

property, if any, and each containing an appropriate reference to the recording of the

declaration. The record of the declaration shall also contain a reference to the file

number of the floor plans of the building or buildings on the property affected.

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