Sec. 47-74. Rights of unit owners.
Sec. 47-74. Rights of unit owners. (a) Each unit owner shall be entitled to the
exclusive ownership and possession of his unit.
(b) (1) Each unit owner shall own an undivided interest in the common elements,
in the percentage expressed in the declaration. Such percentage shall be computed on
any of the following bases, or a combination thereof, provided that the declaration shall
fully set forth the manner in which the percentage appertaining to each unit is ascertained:
(A) The fair value of each unit at the date of the declaration in relation to the fair value
of all the units having an interest in the common elements; (B) the size of each unit, as
shown in the plans filed with the condominium instruments, in relation to the size of
all of the units having any interest in the common elements; or (C) that the percentage
appertaining to each unit, or to each unit within separate classifications, is to be identical.
(2) The declaration may contain provisions relating to the appropriation, taking or condemnation by eminent domain by a federal, state or local government, or instrumentality
thereof, including, but not limited to, reapportionment or other change of the common
interest appurtenant to each unit or portion thereof remaining after a partial appropriation, taking or condemnation. The percentage of the undivided interest in the common
elements shall not be separated from the unit to which it appertains and shall be deemed
to be conveyed or encumbered with the unit even though such interest is not expressly
mentioned or described in the conveyance or other instrument. (3) The common elements
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 and any covenant or provision in the condominium instruments
or other document to the contrary shall be null and void, provided, that the unit owners
may vote to sever all or part of the recreation facilities from the common elements and
convey the same to a nonstock corporation pursuant to section 47-74c. (4) Each unit
owner may use the common elements in accordance with the purpose for which they
were intended, without hindering or encroaching upon the lawful rights of the other unit
owners and, except as provided in the condominium instruments, the common elements
shall be subject to mutual rights of support, access, use and enjoyment by all unit owners.
Any portion of the common elements designated as limited common elements shall be
used only by the owner or owners of the unit or units to which their use is limited in the
condominium instruments, provided, that any unit owner of a unit to which the use of
any limited common element is restricted may lease or license the use of the limited
common element to any other unit owner, for an initial period of not more than one
year. (5) The necessary work of maintenance, repair and replacement of the common
elements and the making of any additions or improvements thereto shall be carried out
only as provided herein and in the declaration and in the bylaws. (6) The declarant and
the association of unit owners shall have the right, to be exercised by their duly authorized
agents, 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 elements
therein or accessible therefrom, or for making emergency repairs therein necessary to
prevent damage to the common elements or to another unit or units and the condominium
instruments may contain such reasonable rules and regulations for the administration
of this provision as the privacy and the protection of such units and their contents from
burglary or larceny and from fire or other casualty may require.
(c) The undivided interests in the common elements within any land added to the
condominium pursuant to section 47-71a shall not be allocated until surveys and plans
showing the same are recorded pursuant to said section 47-71a. Simultaneously with
the recording of such survey and plans, the declarant shall execute and record an amendment to the declaration reallocating undivided interests in the common elements so that
the units shown on such survey and plans shall be allocated undivided interests in the
common elements on the same basis as the units shown on the survey and plans recorded
simultaneously with the declaration pursuant to section 47-71.
(1963, P.A. 605, S. 5, 6; 1971, P.A. 743; 813, S. 7; June, 1971, P.A. 7, S. 2; P.A. 76-308, S. 11, 36.)
History: 1971 acts made changes in the method of assessing the common elements; P.A. 76-308 permitted three alternative methods by which the undivided interest in the common elements may be initially determined.
See Sec. 47-90c re effective date and applicability of chapter.
Cited. 177 C. 295.
Subsec. (b):
Subdivision (1) cited. 35 CS 199.