Can this agreement be signed electronically?

Yes, many parts can be e-signed provided the signing method meets intent, consent, attribution, and retention tests in ESIGN (15 U.S.C. §7001). Confirm with your county recorder whether the jurisdiction accepts electronic originals or requires a notarized wet-ink original for recordation.

Is remote online notarization acceptable?

RON is permitted in most states but requirements vary; RON sessions typically require identity proofing, audio-video recording retention, and a tamper-evident final document. Verify state notary rules and county recorder acceptance before relying on RON for recordation.

What if the legal description is wrong?

An incorrect legal description can cause the recorder to reject the instrument and produce title exceptions. Correction usually requires an amended declaration with re-execution and re-recording; consult counsel and title before filing amendments.

Who must sign for lender acceptance?

Lenders often require a recorded declaration and may request execution by both declarant and a board representative plus evidence of proper notarization. Provide recorded copies and any lender consent exhibits requested during underwriting.

How do I amend a recorded agreement?

Follow the amendment procedure set out in the declaration, which typically requires a specified owner vote, lender notice or consent, and recording of the amendment. Recording the amendment preserves enforceability and notice to third parties.

How should I store completed agreements?

Keep a certified recorded original, a PDF/A copy with audit trail, and indexed backups. Maintain records per retention rules and industry regulations to support title searches and regulatory compliance.

Electronic Signature
Templates
Real estate
Horizontal Property Agreement

Horizontal Property Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

HORIZONTAL PROPERTY AGREEMENT

This Horizontal Property Agreement (the Agreement) is made effective as of by and between Declarant Name: and Unit Owner Name: .

RECITALS

WHEREAS, Declarant is the owner of the real property described in Section I below and intends to create a horizontal property regime dividing the property into discrete units with undivided interests in the common elements; and

WHEREAS, the parties desire to set forth in writing the rights, obligations, and restrictions applicable to the units and common elements for the benefit and protection of present and future unit owners, their successors, and assigns.

I. PROPERTY IDENTIFICATION

Full street address Parcel / APN number Legal description

II. DECLARATION OF UNITS AND COMMON ELEMENTS

Declarant hereby declares that the Property shall be divided into horizontal units (Units) and common elements (Common Elements). The following schedule sets forth the Units, their identifying designations, approximate horizontal area, and the percentage interest in the Common Elements allocated to each Unit.

Unit schedule (add additional pages if necessary)

Unit Number: Area (sq ft): Percentage Interest: %

Additional units and allocations shall be set forth in Schedule A attached hereto and incorporated herein by reference. Any discrepancies in area shall be resolved in favor of the recorded survey and plat.

III. COMMON EXPENSES, ASSESSMENTS, AND INITIAL CONTRIBUTIONS

The Association of Unit Owners (Association) shall be established to manage common affairs and collect assessments. Each Unit Owner shall be liable for assessments in proportion to the Unit's percentage interest unless otherwise provided herein.

Initial contribution to Association (capital contribution) Regular assessment (monthly) Assessment due date (day of month) Late fee / interest on delinquent assessments

IV. INSURANCE AND REPAIRS

The Association shall maintain master insurance covering the Common Elements and liability for common areas. Unit Owners shall maintain property insurance for their respective Units and personal property.

Association insures common elements Yes No

In the event of damage to a Unit or Common Elements, repair allocation shall follow the provisions of this Agreement and applicable law. Deductibles on Association policies shall be paid from Association funds or by assessment to Unit Owners as determined by the Board.

V. ALTERATIONS, MAINTENANCE AND IMPROVEMENTS

Unit Owners may not make structural alterations to Units or Common Elements that affect the exterior or load-bearing elements without the prior written approval of the Board. Maintenance responsibilities are allocated as follows:

Owner maintenance responsibilities Association maintenance responsibilities

VI. USE RESTRICTIONS, LEASING, AND PETS

Leasing permitted Yes No Pet policy / restrictions

Unit Owners shall not permit activities that unreasonably disturb other owners or create nuisance, nor shall they store hazardous materials in Units or Common Elements.

VII. DISCLOSURES

Declarant and Unit Owner make the following disclosures to the best of their knowledge at the time of execution:

Lead-based paint present Yes No Known mold or water intrusion Yes No Prior structural damage or repair of significance Yes No

VIII. DEFAULT, REMEDIES, AND LIENS

Failure of a Unit Owner to pay assessments when due constitutes default. The Association shall have remedies including collection, late charges, interest, suspension of voting rights, and recording of a lien against the defaulting Unit in accordance with this Agreement and applicable law.

Cure period for monetary defaults (days)

IX. GOVERNANCE, MEETINGS, AND VOTING

The Association shall be governed by a Board of Directors elected by Unit Owners. Voting rights shall be in proportion to the percentage interest allocated to each Unit unless otherwise specified in bylaws.

Initial Board composition (number of directors)

X. DISPUTE RESOLUTION; GOVERNING LAW

Any dispute arising under this Agreement shall first be submitted to non-binding mediation. If mediation fails, the parties agree to binding arbitration unless prohibited by law. This Agreement shall be governed by the laws of the state where the Property is located.

Governing law (state)

XI. NOTICES

All notices required or permitted under this Agreement shall be in writing and shall be delivered to the addresses below by hand, certified mail, or nationally recognized overnight courier and shall be effective upon receipt.

Declarant notice address Unit Owner notice address

XII. ENTIRE AGREEMENT; AMENDMENT; SEVERABILITY

This Agreement, together with the recorded plat, Schedule A, and the Association Bylaws, constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement may be amended only by a written instrument signed by Declarant (while Declarant retains reserved rights) and by the requisite percentage of Unit Owners as provided in the recorded declaration. If any provision is held invalid, the remaining provisions shall remain in full force and effect.

XIII. RECORDING

Declarant shall record this Agreement, together with any required plats and schedules, in the official public records of the county where the Property is located. Upon recording, this Agreement shall run with the land and be binding upon all successors and assigns.

Declarant:

By:

Date:

Unit Owner:

By:

Date:

What a Horizontal Property Agreement Is and when it applies

A Horizontal Property Agreement is a recorded declaration that establishes separate ownership of units and shared ownership of common elements in a multi-unit property, such as condominiums, townhouse developments, or mixed-use projects. It defines unit boundaries, common areas, allocation of expenses, easement rights, governance rules, and amendment procedures. The agreement is typically executed by the declarant or developer and recorded in the county land records to create marketable title and inform lenders, title companies, and future owners of rights and restrictions.

Why a clear Horizontal Property Agreement matters

A well-drafted Horizontal Property Agreement reduces title risk, clarifies maintenance and assessment obligations, preserves resale value, and creates enforceable governance rules that bind owners and successors. It provides the legal basis for common-element maintenance, special assessments, and dispute resolution while facilitating lender underwriting and title insurance.

Who prepares and relies on this agreement

Each stakeholder has distinct review and execution responsibilities; coordinating review among developer counsel, title, and the association minimizes later disputes.

Property developers and declarants who create the unit scheme and initial governance documents.
Condominium or association boards that enforce covenants, collect assessments, and manage common elements.
Title companies and mortgage lenders that confirm encumbrances, liens, and recording status when closing a sale or mortgage.

Primary signers and reviewers

Developer / Declarant

The party that creates and records the declaration. Responsible for accurate legal descriptions, establishing unit boundaries, and providing developer-controlled governance powers during the initial setup; often engages real estate counsel and the county recorder for recordation.

Association / Board

The homeowners' association or board executes rules and enforces covenants after turnover. The board reviews amendment processes, budget allocations, and maintenance obligations and communicates effects to unit owners and lenders.

Core elements every professional Horizontal Property Agreement includes

A comprehensive agreement groups technical descriptions, governance, financial allocation, use restrictions, and amendment procedures to create a durable framework for multi-unit ownership and management.

Legal Description

A precise legal description of the parcel and each unit; often includes plats, metes and bounds, or recorded maps so that unit boundaries are unambiguous for title and permitting purposes.

Unit Boundaries

Clear criteria defining vertical and horizontal limits of each unit, including interior airspace and structural elements, and any exceptions for pipes, ducts, or shared building systems.

Common Elements

Definition and classification of common elements (general, limited, exclusive-use) and rules assigning maintenance responsibility, access rights, and usage restrictions among owners.

Allocation of Interests

Method for allocating common expense liabilities and voting rights (percentages, units, or formulas) with examples to avoid ambiguity in assessments and lender underwriting.

Governance Rules

Procedures for association governance including board composition, voting thresholds, meeting notice, enforcement remedies, assessment collection, and dispute resolution methods.

Amendment Process

Stepwise procedure for modifying the declaration, including required owner vote percentage, recording of amendments, notice to lenders, and any developer consent windows.

Step-by-step: from drafting to recordation

Follow these practical stages to prepare, approve, sign, and record a Horizontal Property Agreement.

01

Gather documents: Compile deeds, plats, survey, and existing covenants.
02

Draft declaration: Work with real estate counsel for statutory compliance.
03

Review and approvals: Get board, lender, and title company sign-off where required.
04

Sign and record: Obtain signatures, notarize if required, and file with county recorder.

Where the agreement is filed and who receives copies

Know the typical routing so recordation, title review, and owner notice happen without gaps.

County Recorder: Record the original declaration and any amendments with the county land records.
Title Company: Provide the recorded document for title insurance and closing clearance.
Lenders: Deliver recorded declaration to mortgagees for underwriting and lien priority.
Owners/Association: Distribute copies to unit owners and association management for governance and assessments.

Recommended online workflow settings for electronic completion

Configure document routing and authentication to match your legal and recording requirements before sending for signature.

Field	Configuration
Signature authentication	Email link or SMS code; use stronger auth for lenders.
Notary	In-person notarization or RON where state law permits.
Routing order	Declarant > Title > Lender > Board
Storage format	Save final as PDF/A with audit trail

Digital signing and integration considerations

Verify that the selected workflow preserves an uneditable final PDF with an embedded audit trail and supports any notarization method required by the recording jurisdiction.

Authentication methods: Email, SMS, KBA, or advanced signer authentication
Integrations: Connectors for title systems, NetSuite, or cloud storage
File types: PDF, DOCX import and PDF/A export

Principal legal and practical risks of errors

Unrecorded Declaration: Title gaps and lender rejection

Incorrect Legal Description: Recording rejection or boundary disputes

Missing Notary: Deed or declaration may be invalid for recordation

Mismatched Signatures: Lender or title insurer delays

Improper Allocation: Assessment litigation and fiduciary claims

Failure to Notify Lenders: Priority and enforcement complications

Common preparation mistakes to avoid

Using an imprecise or informal legal description that does not match the recorded plat, which causes recording rejections and title exceptions.
Mismatched party names between entity formation records, signatures, and notary acknowledgements, delaying title insurance and lender approvals.
Failing to confirm state-specific witness or notarization requirements before execution, which can render the instrument unrecordable.
Neglecting to obtain lender consents or provide required mortgagee notices when amendment or special assessments affect lien priority.

Practical tips for accurate and efficient completion

Adopt these practices to reduce friction with title insurance, recording offices, and lenders.

Verify legal descriptions early

Coordinate with the surveyor and title company to confirm the exact legal description and plat references before drafting to avoid rework and recording delays.

Standardize templates

Use a reusable, counsel-reviewed template that matches state recording forms and includes checklist items for notarization, witness counts, and lender notification.

Coordinate signings

Organize a single signing event with the notary and title officer to capture all signatures and notarizations together and prevent multiple county recording fees.

Preserve audit trails

When using electronic signatures, retain an immutable PDF/A with an audit trail showing signer email, timestamps, IP, and authentication method for future title and lender review.

Real-world examples of electronic completion in real estate

These examples show how teams handled execution and recording while preserving compliance and speed.

Martin Properties

Tim Martin processed and executed documents online with full compliance.

He used an online signature workflow to collect signatures remotely.
The approach reduced turnaround time for closings, allowed mobile signing, and maintained audit trails required by lenders and title insurers.

Optica Ventures

Brian Fitzgibbons noted the interface was simple for their team and customers.

The firm routed declarations through counsel and title before signing.
Uniform templates plus a clear routing order reduced errors, improved lender acceptance, and sped recording of condominium declarations.

eSignature vendor comparison for executing and managing agreements

Common vendor features and starting prices for eSignature platforms. Use this comparison to match required security, HIPAA/BAA, and bulk workflow capabilities.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Typical timelines and processing expectations

Understand expected timeframes so closings, financing, and turnover milestones are coordinated with recording and notice obligations.

Drafting and internal review:

1–3 weeks depending on complexity and counsel availability

Title and lender review:

3–10 business days for underwriting and required adjustments

Execution and notarization:

Same-day to 1 week depending on signer availability and RON acceptance

Recording with county:

Varies by county; typically same-day to 2 weeks for processing

Distribution to owners:

Provide copies within 30 days after recording or as required by governing documents

Notarization and witness steps when executing and recording

Follow these authentication steps to ensure the instrument is recordable and accepted by title insurers and lenders.

01

Prepare originals

Assemble signed pages and exhibits before notarization

02

Confirm witnesses

Verify state witness count and availability

03

Arrange notary

Schedule in-person notary or RON where allowed

04

Perform dependent signatures

Get lender or title officer signatures if required

05

Complete notarial certificate

Notary completes acknowledgement with exact signer names

06

Obtain recording copy

Make required number of certified copies for recorder

07

Submit to recorder

File with appropriate county recorder's office

08

Confirm recording

Obtain stamped recorded instrument and file copies

Frequently asked questions about execution, recording, and validity

Answers to common questions about electronic signatures, notarization, recording, and how to fix common defects.

Need help? Contact support

Can this agreement be signed electronically?
Yes, many parts can be e-signed provided the signing method meets intent, consent, attribution, and retention tests in ESIGN (15 U.S.C. §7001). Confirm with your county recorder whether the jurisdiction accepts electronic originals or requires a notarized wet-ink original for recordation.
Is remote online notarization acceptable?
RON is permitted in most states but requirements vary; RON sessions typically require identity proofing, audio-video recording retention, and a tamper-evident final document. Verify state notary rules and county recorder acceptance before relying on RON for recordation.
What if the legal description is wrong?
An incorrect legal description can cause the recorder to reject the instrument and produce title exceptions. Correction usually requires an amended declaration with re-execution and re-recording; consult counsel and title before filing amendments.
Who must sign for lender acceptance?
Lenders often require a recorded declaration and may request execution by both declarant and a board representative plus evidence of proper notarization. Provide recorded copies and any lender consent exhibits requested during underwriting.
How do I amend a recorded agreement?
Follow the amendment procedure set out in the declaration, which typically requires a specified owner vote, lender notice or consent, and recording of the amendment. Recording the amendment preserves enforceability and notice to third parties.
How should I store completed agreements?
Keep a certified recorded original, a PDF/A copy with audit trail, and indexed backups. Maintain records per retention rules and industry regulations to support title searches and regulatory compliance.

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