515B.2-110 COMMON INTEREST COMMUNITY PLAT (CIC PLAT).
(a) A CIC plat is required for condominiums and planned communities, and cooperatives
in which the unit owners' interests are characterized as real estate. The CIC plat is a part of
the declaration in condominiums, in planned communities utilizing a CIC plat complying with
subsection (c), and in cooperatives in which the unit owners' interests are characterized as real
estate, but need not be physically attached to the declaration.
(1) In a condominium, or a cooperative in which the unit owners' interests are characterized
as real estate, the CIC plat shall comply with subsection (c).
(2) In a planned community, a CIC plat which does not comply with subsection (c) shall
consist of all or part of a subdivision plat or registered land survey complying with subsection (d),
or any combination thereof. The CIC plat or registered land survey need not contain the number
of the common interest community and may be recorded at any time before the recording of
the declaration; provided, that if the CIC plat complies with subsection (c), the number of the
common interest community shall be included and the CIC plat shall be recorded at the time of
recording of the declaration.
(3) In a cooperative in which the unit owners' interests are characterized as personal property,
a CIC plat shall not be required. In lieu of a CIC plat, the declaration or any amendment to
it creating, converting, or subdividing units in a personal property cooperative shall include
an exhibit containing a scale drawing of each building, identifying the building, and showing
the perimeter walls of each unit created or changed by the declaration or any amendment to it,
including the unit's unit identifier, and its location within the building if the building contains
more than one unit.
(b) The CIC plat, or supplemental or amended CIC plat, for condominiums, for planned
communities using a plat complying with subsection (c), and for cooperatives in which the
unit owners' interests are characterized as real estate, shall contain certifications by a licensed
professional land surveyor and licensed professional architect, as to the parts of the CIC plat
prepared by each, that (i) the CIC plat accurately depicts all information required by this section,
and (ii) the work was undertaken by, or reviewed and approved by, the certifying land surveyor or
architect. The portions of the CIC plat depicting the dimensions of the portions of the common
interest community described in subsections (c)(8), (9), (10), and (12), may be prepared by either
a land surveyor or an architect. The other portions of the CIC plat shall be prepared only by a land
surveyor. A certification of the CIC plat or supplemental CIC plat, or an amendment to it, under
this subsection by an architect is not required if all parts of the CIC plat, supplemental CIC plat,
or amendment are prepared by a land surveyor. Certification by the land surveyor or architect
does not constitute a guaranty or warranty of the nature, suitability, or quality of construction of
any improvements located or to be located in the common interest community.
(c) A CIC plat for a condominium, or a cooperative in which the unit owners' interests
are characterized as real estate, shall show:
(1) the number of the common interest community, and the boundaries, dimensions and a
legally sufficient description of the land included therein;
(2) the dimensions and location of all existing, material structural improvements and
roadways;
(3) the intended location and dimensions of any contemplated common element
improvements to be constructed within the common interest community after the filing of the CIC
plat, labeled either "MUST BE BUILT" or "NEED NOT BE BUILT";
(4) the location and dimensions of any additional real estate, labeled as such, and a legally
sufficient description of the additional real estate;
(5) the extent of any encroachments by or upon any portion of the common interest
community;
(6) the location and dimensions of all recorded easements within the land included in the
common interest community burdening any portion of the land;
(7) the distance and direction between noncontiguous parcels of real estate;
(8) the location and dimensions of limited common elements, except that with respect to
limited common elements described in section 515B.2-102, subsections (d) and (f), only such
material limited common elements as porches, balconies, decks, patios, and garages shall be
shown;
(9) the location and dimensions of the front, rear, and side boundaries of each unit and that
unit's unit identifier;
(10) the location and dimensions of the upper and lower boundaries of each unit with
reference to an established or assumed datum and that unit's unit identifier;
(11) a legally sufficient description of any real estate in which the unit owners will own only
an estate for years, labeled as "leasehold real estate";
(12) any units which may be converted by the declarant to create additional units or common
elements identified separately.
(d) A CIC plat for a planned community either shall comply with subsection (c), or it shall:
(1) comply with chapter 505, 508, or 508A, as applicable; and
(2) comply with the applicable subdivision requirements of any governmental authority
within whose jurisdiction the planned community is located, subject to the limitations set forth in
section 515B.1-106.
(e) If a declarant adds additional real estate, the declarant shall record a supplemental CIC
plat or plats for the real estate being added, conforming to the requirements of this section which
apply to the type of common interest community in question. If less than all additional real estate
is being added, the supplemental CIC plat for a condominium, a planned community whose
CIC plat complies with subsection (c), or a cooperative in which the unit owners' interests are
characterized as real estate, shall also show the location and dimensions of the remaining portion.
(f) If, pursuant to section 515B.2-112, a declarant subdivides or converts any unit into two or
more units, common elements or limited common elements, or combines two or more units, the
declarant shall record an amendment to the CIC plat showing the location and dimensions of any
new units, common elements or limited common elements thus created.
(g) A CIC plat which complies with subsection (c) is not subject to chapter 505.
History: 1993 c 222 art 2 s 10; 1994 c 388 art 4 s 7; 1995 c 92 s 10; 1999 c 11 art 2 s 9;
2005 c 121 s 12; 2006 c 221 s 10