Property Ownership

Under the New York Condominium Act (Real Property Law Article 9-B), what document creates a condominium?

AThe Offering Plan filed with the NY Attorney General
BThe Declaration recorded in the county clerk's office✓ Correct
CThe By-Laws adopted by the unit owners
DThe Proprietary Lease signed by each unit owner

Explanation

Under New York Real Property Law Article 9-B (the Condominium Act), a condominium is created by recording a Declaration in the county clerk's office where the property is located. The Declaration describes the property, the units, and the common elements, and must be accompanied by a floor plan showing the units.

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