§ 34-36-7 - Incidents of ownership.
SECTION 34-36-7
§ 34-36-7 Incidents of ownership. –(a) Each unit owner shall be entitled to an undivided interest in the commonareas and facilities in the percentage expressed in the declaration. Thepercentage shall be computed by taking as a basis the value of the unit inrelation to the value of the property.
(b) The percentage of the undivided interest of each unitowner in the common areas and facilities as expressed in the declaration shallhave a permanent character and shall not be altered without the consent of allof the unit owners expressed in an amended declaration duly recorded. Thepercentage of the undivided interest in the common areas and facilities shallnot be separated from the unit to which it appertains and shall be deemed to beconveyed or encumbered or released from liens with the unit even though theinterest is not expressly mentioned or described in the conveyance or otherinstrument.
(c) The common areas and facilities shall remain undividedand no unit owner or any other person shall bring any action for partition ordivision of any part thereof, unless the property has been removed from theprovisions 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 facilitiesin accordance with the purpose for which they were intended without hinderingor encroaching upon the lawful rights of the other unit owners.
(e) The necessary work of maintenance, repair, andreplacement of the common areas and facilities and the making of any additionsor improvements thereon shall be carried out only as provided in this chapteror in the declaration or bylaws.
(f) The manager or management committee shall have theirrevocable right to have access to each unit from time to time duringreasonable hours as may be necessary for the maintenance, repair, orreplacement of any of the common areas and facilities or for making emergencyrepairs necessary to prevent damage to the common areas and facilities or toanother unit or units.