§36B-2-101. Creation of common interest communities.
(a) A common interest community may be created pursuant to
this chapter only by recording a declaration executed in the same
manner as a deed and, in a cooperative, by conveying the real
estate subject to that declaration to the association. The
declaration must be recorded in every county in which any portion
of the common interest community is located and must be indexed in
the grantee's index in the name of the common interest community
and the association and in the grantor's index in the name of each
person executing the declaration.
(b) In a condominium, a declaration or an amendment to a
declaration, adding units may not be recorded unless (i) all
structural components and mechanical systems of all buildings
containing or comprising any units thereby created are
substantially completed in accordance with the plans, as evidenced
by a recorded certificate of completion executed by an independent
registered engineer, surveyor or architect.