Sec. 47-231. Relocation of unit boundaries.
Sec. 47-231. Relocation of unit boundaries. (a) Subject to the provisions of the
declaration and any provisions of law, the boundaries between adjoining units may be
relocated by an amendment to the declaration on application to the association by the
owners of those units. If the owners of the adjoining units have specified a reallocation
between their units of their allocated interests, the application shall state the proposed
reallocations. Unless the executive board determines, within thirty days after receipt of
the application, that the reallocations are unreasonable, the association shall consent to
the reallocation and prepare an amendment that identifies the units involved, states the
reallocations and indicates the association's consent. The amendment shall be executed
by those unit owners, contain words of conveyance between them, and, on recordation,
be indexed in the name of the grantor and the grantee, and in the grantee's index in the
name of the association.
(b) Subject to the provisions of the declaration and other provisions of law, boundaries between units and common elements may be relocated to incorporate common
elements within a unit by an amendment to the declaration upon application to the
association by the owner of the unit who proposes to relocate a boundary. Unless the
declaration provides otherwise, the amendment may be approved only if persons entitled
to cast at least sixty-seven per cent of the votes in the association, including sixty-seven
per cent of the votes allocated to units not owned by the declarant, agree to the action.
The amendment may describe any fees or charges payable by the owner of the affected
unit in connection with the boundary relocation and the fees and charges are assets of
the association. The amendment must be executed by the unit owner of the unit whose
boundary is being relocated and by the association, contain words of conveyance between them and on recordation be indexed in the name of the unit owner and the association as grantor or grantee, as appropriate.
(c) The association (1) in a condominium or planned community shall prepare and
record surveys or plans necessary to show the altered boundaries of affected units, and
their dimensions and identifying numbers, and (2) in a cooperative shall prepare and
record amendments to the declaration, including any plans necessary to show or describe
the altered boundaries of affected units, and their dimensions and identifying numbers.
(P.A. 83-474, S. 32, 96; P.A. 95-187, S. 11.)
History: P.A. 95-187 added new Subsec. (b) re relocation of boundaries between units and common elements and
procedure therefor, redesignating former Subsec. (b) as Subsec. (c), and amended Subsec. (c) to replace "altered boundaries
between adjoining units" with "altered boundaries of affected units" where appearing.
Cited. 207 C. 441.