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For example, a declaration that otherwise lacks a legally sufficient description of the real property cannot be validated.Moreover, the Common Interest Ownership Act already contains a provision, section 47-222(d), that states:"Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this chapter.Why this validation provision is required is unclear.This section validates any possible invalidity arising from the fact that a holder of an interest in the property other than the fee owner did not execute the document. Because this provision addresses only old condominiums and is unnecessary even for that limited purpose, it is not addressed by the Commission bill.
The validation of a declaration "attested by one witness only or by no witnesses" parallels the analogous validation provision for conveyances generally. Any such provision should be validated after a period of limitation within which the instrument could be contested for its failure to conform to conveyancing requirements.
Any such defective declaration, as noted above, will already have been validated by prior validating acts. This subdivision validates the declaration or instrument where it "was executed only by the buyer under an executory purchase or option contract with the owner of the fee and the buyer subsequently obtained title to the fee." In other words, the execution is valid where the documents were only executed by the buyer, provided the buyer afterwards obtains title.
This provision dates back to section 2(a)(3) of the 1985 act, Special Act 85-47.
Chapter 825 only contains references to "execution" of the declaration by the declarant and does not address the need for witnesses.
However recordation of the declaration is a "conveyance" prescribing rights with respect to property and is subject to section 47-5, which requires all conveyances of land to be in writing, subscribed, acknowledged, and attested.