Sec. 5. (a) Each condominium unit in a building shall be designated, on the set of floor plans referred to in section 4 of this chapter, by letter, number, or other appropriate designation.

(b) Any instrument recognized by the state for the conveyance or transfer of interests in title, which describes the apartment by using the designation referred to in subsection (a) followed by the words "in (name) Condominium as recorded in Book _______, p. __, under the date of ________, _____, of the records of __________ County, Indiana", is considered to contain a good and sufficient description for all purposes.

(c) Any conveyance or transfer of interest in title of a condominium unit is considered also to convey the undivided interests of the owner in the common areas and facilities, both general and limited, appertaining to the condominium unit without specifically or particularly referring to the undivided interests. The:

(1) contents;

(2) form;

(3) method of preparation;

(4) recording of an instrument of conveyance; and

(5) interpretation of an instrument of conveyance;

are governed by the law of Indiana relating to real property.

(d) Each instrument or deed of conveyance also shall include the following:

(1) A statement of the use for which the condominium unit is intended.

(2) A statement of the restrictions on the use of the condominium unit.

(3) The percentage of undivided interest appertaining to the condominium unit in the common areas and facilities.

(4) The amount of any unpaid current or delinquent assessments of common expenses.

(5) Any other details and restrictions that:

(A) the grantor and grantee consider desirable; and

(B) are consistent with the declaration.

(e) Failure to make a statement in the deed as required by subsection (d)(4) does not:

(1) invalidate the title conveyed by the deed; or

(2) absolve a grantee under the deed from liability for any unpaid current or delinquent assessments of common expenses against a condominium unit on the date of its conveyance.

(f) Upon the request of a:

(1) condominium unit owner;

(2) prospective grantee;

(3) title insurance company; or

(4) mortgagee;

the secretary or other authorized officer of the association of co-owners shall provide, within five (5) days of the request, a statement of the amount of current and delinquent assessments of common expenses against a particular condominium unit.

[Pre-2002 Recodification Citation: 32-1-6-14.]

As added by P.L.2-2002, SEC.10.