Vermont § 2-109 - Plats and plans

Full text of Vermont Vermont Statutes Online § 2-109 — Plats and plans, with citation guidance and answers to common questions.

§ 2-109. Plats and plans

  • (a) Plats and plans are a part of the declaration and required for condominiums and planned
    communities. Separate plats and plans are not required by this title if all the information
    required by this section is contained in either a plat or plan. Each plat and plan
    shall be clear and legible and contain a certification that the plat or plan contains
    all information required by this section. (b) Each plat shall show or project: (1) the name and a plat or general schematic map of the entire common interest community; (2) the location and dimensions of all real estate not subject to development rights,
    or subject only to the development right to withdraw, and the location and dimensions
    of all existing improvements within that real estate; (3) a legally sufficient description of any real estate subject to development rights,
    labeled to identify the rights applicable to each parcel, but plats and plans need
    not designate or label which development rights are applicable to each parcel if that
    information is clearly delineated in the declaration; (4) the extent of any encroachments by or on any portion of the common interest community; (5) to the extent feasible, a legally sufficient description of all easements serving
    or burdening any portion of the common interest community; (6) except as otherwise provided in subsection (h) of this section, the approximate 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; (7) except as otherwise provided in subsection (h) of this section, the approximate 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; (8) 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”; (9) the distance between noncontiguous parcels of real estate comprising the common interest
    community; (10) the approximate location and dimensions of porches, balconies, and patios and excluding
    parking spaces allocated as limited common elements, and show or contain a narrative
    description of any other limited common elements; and (11) in the case of real estate not subject to development rights, all other matters customarily
    shown on land plats. (c) A plat may also show the intended location and dimensions of any contemplated improvement
    to be constructed anywhere within the common interest community. Any contemplated
    improvement shown shall be labeled either “must be built” or “need not be built.” (d) Except as otherwise provided in subsection (h) of this section, to the extent not
    shown or projected on the plats, plans of the units shall show or project: (1) the approximate location and dimensions of the vertical boundaries of each unit and
    that unit’s identifying number; (2) the approximate location of any horizontal unit boundaries with reference to an established
    datum and that unit’s identifying number; and (3) the approximate location of any units in which the declarant has reserved the right
    to create additional units or common elements pursuant to subdivision 2-111(3) of this title, identified appropriately. (e) Unless the declaration provides otherwise, the horizontal boundaries of part of a
    unit located outside a building that have the same elevation as the horizontal boundaries
    of the inside part 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 certification of a plat or plan required by this section shall be made by an independent
    professional surveyor, architect, or engineer, as appropriate and if authorized by
    the respective practice acts of each profession in 26 V.S.A. chapters 3, 20, and 45. (h) Plats and plans need not show the location and dimensions of the units’ boundaries
    or their limited common elements if: (1) the plat shows the location and dimensions of all buildings containing or comprising
    the units; and (2) the declaration includes other information that shows or contains a narrative description
    of the general layout of the units in those buildings and the limited common elements
    allocated to those units. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 1999, No. 133 (Adj. Sess.), § 36; 2009, No. 155 (Adj. Sess.), § 17, eff. Jan. 1, 2012.)

Frequently Asked Questions About Vermont § 2-109

What does Vermont Statutes Online § 2-109 cover?

Section 2-109 ("Plats and plans") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Vermont § 2-109?

A common citation format is "Vermont Statutes Online § 2-109" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Vermont law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.

How does Vermont § 2-109 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.