70-23-103. Applicability -- submission by declaration required -- optional declaration for townhouses. (1) In order to submit any property to the provisions of this chapter, the sole owner or sole lessee or all of the owners or all of the lessees of the property shall execute, acknowledge, and record a declaration in the office of the recording officer of the county in which the property is located. The declaration must be executed in accordance with 70-23-301.

(2) A declaration for a townhome or townhouse may be executed under this section. The provisions of this chapter apply to townhomes or townhouses only if a declaration is executed under this section.