TITLE 34
Property

CHAPTER 34-36
Condominium Ownership

SECTION 34-36-7


§ 34-36-7 Incidents of ownership.

(a) Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the declaration. The percentage shall be computed by taking as a basis the value of the unit in relation to the value of the property.

(b) The percentage of the undivided interest of each unit owner in the common areas and facilities as expressed in the declaration shall have a permanent character and shall not be altered without the consent of all of the unit owners expressed in an amended declaration duly recorded. The percentage of the undivided interest in the common areas and facilities shall not be separated from the unit to which it appertains and shall be deemed to be conveyed or encumbered or released from liens with the unit even though the interest is not expressly mentioned or described in the conveyance or other instrument.

(c) The common areas and facilities shall remain undivided and no unit owner or any other person shall bring any action for partition or division of any part thereof, unless the property has been removed from the provisions of this chapter as provided in §§ 34-36-22 and 34-36-31. Any covenants to the contrary shall be null and void.

(d) Each unit owner may use the common areas and facilities in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights of the other unit owners.

(e) The necessary work of maintenance, repair, and replacement of the common areas and facilities and the making of any additions or improvements thereon shall be carried out only as provided in this chapter or in the declaration or bylaws.

(f) The manager or management committee shall have the irrevocable right to have access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair, or replacement of any of the common areas and facilities or for making emergency repairs necessary to prevent damage to the common areas and facilities or to another unit or units.

History of Section.
(P.L. 1963, ch. 181, § 1.)