76-846. Plats and plans; requirements.
(a) Plats and plans are a part of the declaration. Separate plats and plans are not required by sections 76-825 to 76-894 if all the information required by this section is contained in either a plat or plan.
(b) Each plat must show:
- (1) the name and a survey or general schematic map of the entire condominium;
- (2) the extent of any existing encroachments by or upon any portion of the condominium;
- (3) to the extent feasible, a legally sufficient description or drawing of all easements serving or burdening any portion of the condominium;
- (4) the location and dimensions of any vertical unit boundaries not shown or projected on plans recorded pursuant to subsection (d) of this section and that unit’s identifying number;
- (5) the location with reference to an established datum of any horizontal unit boundaries not shown or projected on plans recorded pursuant to subsection (d) of this section and that unit’s identifying number;
- (6) 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;
- (7) the distance between noncontiguous parcels of real estate comprising the condominium; and
- (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 76-839.
(c) A plat may also show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the condominium. Any contemplated improvement shown must be labeled either Must Be Built or Need Not Be Built.
(d) To the extent not shown or projected on the plats, plans of the units must show or project:
- (1) the location and dimensions of the vertical boundaries of each unit, and that unit’s identifying number;
- (2) any horizontal unit boundaries, with reference to an established datum, and that unit’s identifying number; and
- (3) any units in which the declarant has reserved the right to create additional units or common elements pursuant to subsection (c) of section 76-847, identified appropriately.
(e) Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside of a building have the same elevation as the horizontal boundaries of the inside part, and need not be depicted on the plats and plans.
(f) Upon exercising any development right, the declarant shall record either new plats and plans necessary to conform to the requirements of subsections (a), (b), and (d) of this section, or new certifications of plats and plans previously recorded if those plats and plans otherwise conform to the requirements of those subsections.
(g) Any plat or plan required by sections 76-825 to 76-894 must be prepared by a registered surveyor, an architect, or a professional engineer.
Laws 1983, LB 433, § 22;
Laws 1997, LB 622, § 113.