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Master Deed

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Master Deed

This Master Deed is executed on the day of , 20, by ,

a ("Developer"), with an address of ,

pursuant to the provisions of the Condominium Act, as amended, (the "Act").

RECITALS: By recording this Master Deed, and the Bylaws attached hereto as Exhibit “A” and Condominium Subdivision Plan, Exhibit “B”, the Developer intends to establish the real property described in Article II below, together with the improvements located and to be located on, and the appurtenances to, that real property as a residential site condominium project under the provisions of the Act.

Therefore, the Developer establishes as a Condominium Project under the Act and declares that ("the Condominium", "Project" or the "Condominium Project") shall be held, conveyed, hypothecated, encumbered, leased, rented, occupied, improved and in all ways utilized subject to the provisions of the Act and to the covenants, conditions, restrictions, uses, limitations and affirmative obligations set forth in this Master Deed and Exhibits A and B.

ARTICLE I: TITLE AND NATURE. The Condominium Project shall be known as , County Condominium Subdivision .

ARTICLE II: LEGAL DESCRIPTION. The land submitted to the Condominium Project is described as:

ARTICLE III: DEFINITIONS. Certain terms are utilized in this Master Deed and Exhibits A and B, and in various other instruments such as the Rules and Regulations of the Association.

Section 1. Homesite. "Homesite" shall mean each Condominium Unit, its appurtenant Limited Common Elements, if any, and the General Common Element land area between the Unit and the paved portion of the adjacent roadway.

Section 2. Development Period. "Development Period" means the period commencing on the date this Master Deed is recorded and continuing as long as Developer owns any Unit in the Project.

ARTICLE IV: COMMON ELEMENTS. The Common Elements of the Project and the respective responsibilities for maintenance, decoration, repair and replacement are:

Section 1. General Common Elements. The General Common Elements are:

A. Roads. The roadways located within the boundaries of , unless and until they are dedicated to the public.

B. Land. Land within the Condominium Project that is not identified as either Units or Limited Common Elements, shall be a General Common Element.

C. Electrical, Gas, Telephone and Cable Television. All underground electrical, gas, telephone and cable television mains and lines up to the point where they intersect the boundary of a Homesite.

D. Storm Water Drainage System. All storm water drainage systems and facilities, if any, serving the Project.

E. Pathways and Walkways. All walking paths, nature trails and other pedestrian ways designated as General Common Element.

F. Detention Areas and Detention Area Easements. The storm water detention and retention areas and easements and drainage facilities, if any.

G. Landscaping, Exterior Lighting and Sprinkler Systems. All landscaping, gardens, exterior lighting and sprinkler systems installed by the Developer or the Association within the General Common Element land areas.

H. Water. Certain naturally occurring and artificially created bodies of water lying wholly or partially within the boundaries of the Condominium are designated as General Common Elements.

I. Other. Other elements of the Condominium not designated as General or Limited Common Elements and not located within a Unit that are intended for common use of all Co-owners.

Section 2. Limited Common Elements. The Limited Common Elements are:

A. Land. Certain land may be shown on the Condominium Subdivision Plan as Limited Common Element, and is limited in use to the Unit(s) to which it appertains.

B. Utility Leads. All utility leads and lines lying within the Homesites and all water wells and pumps servicing a Unit.

C. Driveways. Private driveways serving individual Units are Limited Common Elements.

D. Waterfront Land and Beach Areas. The only Units to which the Beaches are appurtenant and the only Units that may use and enjoy the Beaches are Units .

E. Docks. The only Units to which the Docks are appurtenant and the only Units that may use and enjoy the Docks are Units .

Section 6. Use of Units and Common Elements. No person shall use the General Common Element land area designated as "Picnic Area" for purposes of gaining access to the waters of Lake.

ARTICLE V: UNIT DESCRIPTIONS AND PERCENTAGES OF VALUE.

Section 1. Description of Units. The Project consists of site Units.

Section 2. Percentages of Value. All Units shall have equal percentages of value.

ARTICLE VI: SUBDIVISION, CONSOLIDATION AND OTHER MODIFICATIONS OF UNITS.

Section 4. Construction of Improvements on Units. All construction shall be in accordance with all applicable codes, ordinances, statutes, laws, rules, regulations and private use restrictions, including but not limited to the .

ARTICLE VII: EXPANSION OF PROJECT.

Section 1. Area of Future Development. The Condominium Project consisting of Units is intended to be the first stage of an Expandable Condominium to contain a maximum of Units.

Section 2. Increase in Number of Units. The location, nature, and appearance of all such additional Units shall be subject only to approval by the of .

Section 4. Amendment of Master Deed and Modification of Percentages of Value. The percentages of value set forth in Article V shall be proportionately readjusted.

ARTICLE VIII: EASEMENTS.

Section 2.A.(2). Any such dedication shall be subject to approval of under the .

Section 8. Easement for Emergency Access. The of , the County of , the State of , their respective agencies, departments and contractors, are granted easement access.

Section 9. No Access to Lake. Except as an appurtenance to title to Units , there shall be no easement or access for any person to the waters of Lake.

ARTICLE IX: AMENDMENT.

Section 7. Approval. This Master Deed and the Exhibits attached to this Master Deed shall not be amended without the approval of the City of .

ARTICLE X: ASSIGNMENT. The Developer may assign any or all of its rights or powers under the Condominium Documents or law, to another person or the Association by an appropriate written document duly recorded.

DATED this the day of , 20.

Developer

Authorized Signatory

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What a Master Deed is and when it governs property

A Master Deed is the primary recorded instrument that creates and defines a condominium or community-ownership regime. It sets out the legal description of the land, unit boundaries and designations, allocation of undivided interests in common elements, initial bylaws or incorporation reference, easements, restrictions, and the homeowners association structure and powers. Once executed and recorded in the county land records, the Master Deed governs title priority, assessments, and member obligations and binds successors in title and mortgagees to its terms.

Why the Master Deed matters for owners and developers

The Master Deed establishes ownership units, rights to common areas, assessment formulas, and governance rules that affect resale, financing, and use of property.

Why the Master Deed matters for owners and developers

Who prepares and relies on the Master Deed

Typical participants who draft, review, or record a Master Deed include developers, attorneys, title companies, and county recorders.

  • Developers and sponsors preparing initial condominium creation documents and allocating unit interests.
  • Title companies and lenders reviewing legal descriptions and priority before closing.
  • Homeowners association boards and managers enforcing covenants and administering assessments.

Understanding these roles helps ensure accurate drafting and proper recording to protect marketable title and HOA governance.

Core provisions to expect in a professional Master Deed

A complete Master Deed contains several standardized sections that define physical units, shared areas, governance, and amendment procedures; clarity in each reduces future disputes.

Unit Description

Detailed legal and physical description of each unit, including boundaries, square footage, and unit numbering to avoid ambiguity at conveyance.

Common Elements

Specification of limited and unrestricted common elements, their maintenance responsibility, and how exclusive-use areas are created and transferred.

Allocation Percentages

Formula or schedule assigning undivided interest or percentage share for assessments, voting, and cost allocation among units.

Covenants & Restrictions

Use restrictions, leasing rules, pet policies, and architectural controls that run with the land and bind owners and successors.

Easements

Express easements for utilities, access, and maintenance, including grant language and the parties benefitted or burdened.

Amendment Process

Clear procedure for amendments, required voting thresholds, recording steps, and effective date to ensure enforceability and notice.

Required data elements at a glance

Property Description: Complete legal description
Unit Identifiers: Unit numbers and floor plans
Owner Names: Full legal names of initial owners
Interest Allocation: Percentage or fraction assigned
Notice Address: Service address for the association
Recording Venue: County recorder and book/page

Step-by-step: preparing and executing a Master Deed

Follow these steps in order to draft, execute, and record a Master Deed that creates a condominium and protects title priority.

  • 01
    Draft document: Assemble legal descriptions, unit allocations, covenants, and bylaws.
  • 02
    Legal review: Have real estate counsel and title review for conflicts or errors.
  • 03
    Signatures & notarization: Execute with required signatures, acknowledgements, and notarization.
  • 04
    Recording: File the original with the county recorder to establish priority.

How to prepare a digital workflow for the Master Deed

Design a repeatable workflow that secures signatures, captures notarization data, and preserves an audit trail for recording copies.

Field Configuration
Signature field Require full-name and date on each signature line
Notary block Include acknowledgement and jurat fields for notary use
Witness fields Add witness name and signature fields where state requires
Recording copy Lock a final PDF for county submission

Where to send and file the executed Master Deed

Routing the executed instrument correctly preserves priority and gives constructive notice to the public and subsequent buyers or lenders.

  • County recorder: Record the original document to establish public record and priority.
  • Title company: Provide recording copy for title insurance and closing packages.
  • HOA records: Retain executed copies in the association’s official records.
  • Lenders and insurers: Send copies to mortgagees and casualty insurers as required.

Digital signing and submission considerations

When using eSignature tools, confirm support for notarization, tamper-evident PDFs, and audit trails before sending documents.

  • PDF support: Export to PDF/A or lockable PDF
  • Signer authentication: Email, SMS, or stronger verification
  • Integrations: Connect to title or document management systems

Timing and important recording-related deadlines

Certain actions have practical timing expectations to protect priority and avoid disputes; schedule tasks to match closing and recording windows.

Execution date:

Sign on or before the scheduled closing date.

Recording urgency:

Record promptly to secure priority against later liens.

HOA turnover:

Developer turnover deadlines set in state law or Master Deed.

Assessment start:

Assessments typically begin on recorded effective date.

Amendment effective:

Amendments take effect per vote and recording instructions.

Common mistakes to avoid when preparing a Master Deed

  • Ambiguous unit descriptions that differ from plats or plans lead to title disputes and costly clarifications in litigation.
  • Failing to specify allocation percentages clearly can create assessment and voting conflicts among owners later.
  • Missing notary acknowledgements or witness signatures may cause the county recorder to reject the instrument for filing.
  • Not coordinating amendments with recorded plats and surveys can produce inconsistent public records and cloud title.

Risks and consequences of an incorrect or unrecorded Master Deed

Priority loss: Later liens may take precedence
Recording rejection: County may refuse to accept flawed documents
Title defects: Clouded title and insurer exceptions
HOA disputes: Owner litigation over assessments
Notary omission: Invalid acknowledgement risk
Tax implications: Incorrect reporting or valuation issues

eSignature vendor comparison for Master Deed workflows

Key pricing and compliance differences affect high-volume recording workflows and notarization requirements; signNow is listed first for comparison.

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
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Real-world examples of digital Master Deed workflows

Organizations have used e-signing and digital records to complete Master Deed and HOA formation workflows while maintaining compliance.

Martin Properties

Martin Properties adopted online execution for condominium filings to avoid in-person closings and postal delays.

  • The team processed and executed documents online with full compliance.
  • As a result, closings remained on schedule and the developer avoided holdbacks related to missing originals while preserving recorded priority for lender interests.

Fertility Centers of Illinois

Fertility Centers of Illinois standardized digital execution for site leases and facility agreements to keep records centralized.

  • They integrated electronic signatures into existing NetSuite workflows.
  • That change improved document turnaround, ensured consistent audit trails, and simplified record retrieval for legal and operational teams.

Practical tips for accurate and efficient Master Deed completion

Applying these best practices reduces recording rejections and downstream title or governance disputes.

Use a verified survey
Attach an up-to-date recorded survey or plat to ensure legal descriptions and unit boundaries match public records and title documents.
Coordinate with title
Obtain a title commitment early to identify exceptions and ensure Master Deed language addresses existing easements and liens.
Confirm notary/witness rules
Check county and state requirements for acknowledgements and witness counts before execution and include those fields in the document.
Preserve a recording-ready copy
Produce a locked, tamper-evident PDF for county submission and retain an accessible electronic copy with full audit trail.

Frequently asked questions about Master Deeds and electronic execution

Answers to common questions about e-signatures, notarization, recording, and amendments for Master Deeds.


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