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To divide a plot of land into interests severable by blocks or planes, the attorney for the land developer must prepare a declaration that must be recorded prior to the sale of any unit in the county where the land is located. (Natelson, Consent, Coercion, and 'Reasonableness' IN PRIVATE LAW: The Special Case of the Property Owners Association (1990) 51 Ohio State L.J. 41, 47 [hereafter Natelson, Consent, Coercion, and 'Reasonableness'].) The declaration, which is the operative document for the creation of any common interest development, is a collection of covenants, conditions and servitudes that govern the project. (Ibid.; see also 4B Powell, Real Property, supra, § 632.4[1] & [2], pp. 54-84, 54-92; 15A Am.Jur.2d, supra, § 14, p. 843.) Typically, the declaration describes the real property and any structures on the property, delineates the common areas within the project as well as the individually held lots or units, and sets forth restrictions pertaining to the use of the property. (15A Am.Jur.2d, supra, § 14, p. 843.)
