55-79.69 - Relocation of boundaries between units.
§ 55-79.69. Relocation of boundaries between units.
A. If the condominium instruments expressly permit the relocation ofboundaries between adjoining units, then the boundaries between such unitsmay be relocated in accordance with (i) the provisions of this section and(ii) any restrictions and limitations not otherwise unlawful which thecondominium instruments may specify. The boundaries between adjoining unitsshall not be relocated unless the condominium instruments expressly permit it.
B. If the unit owners of adjoining units whose mutual boundaries may berelocated desire to relocate such boundaries, then the principal officer ofthe unit owners' association, or such other officer or officers as thecondominium instruments may specify, shall, upon written application of suchunit owners, forthwith prepare and execute appropriate instruments pursuantto subsections C, D, and E.
C. An amendment to the declaration shall identify the units involved andshall state that the boundaries between those units are being relocated byagreement of the unit owners thereof, which amendment shall containconveyancing between those unit owners. If the unit owners of the unitsinvolved have specified in their written application a reasonablereallocation as between the units involved of the aggregate undividedinterest in the common elements appertaining to those units, the amendment tothe declaration shall reflect that reallocation.
D. If the unit owners of the units involved have specified in their writtenapplication a reasonable reallocation as between the units involved of theaggregate number of votes in the unit owners' association allocated to thoseunits, an amendment to the bylaws shall reflect that reallocation and aproportionate reallocation of liability for common expenses as between thoseunits.
E. Such plats and plans as may be necessary to show the altered boundariesbetween the units involved together with their other boundaries shall beprepared, and the units depicted thereon shall bear their identifyingnumbers. Such plats and plans shall indicate the new dimensions of the unitsinvolved, and any change in the horizontal boundaries of either as a resultof the relocation of their boundaries shall be identified with reference toestablished datum. Such plats and plans shall be certified as to theiraccuracy and compliance with the provisions of this subsection (i) by alicensed land surveyor in the case of any plat and (ii) by a licensedarchitect, licensed engineer or licensed land surveyor in the case of anyplan.
F. When appropriate instruments in accordance with the preceding subsectionshereof have been prepared, executed, and acknowledged, they shall be recordedby an officer of the unit owners' association following payment by the unitowners of the units involved of all reasonable costs for the preparation,acknowledgment and recordation thereof. Said instruments shall becomeeffective when executed by the unit owners of the units involved andrecorded, and the recordation thereof shall be conclusive evidence that therelocation of boundaries thus effectuated did not violate any restrictions orlimitations specified by the condominium instruments and that anyreallocations made pursuant to subsections C and D were reasonable.
G. Any relocation of boundaries between adjoining units shall be governed bythis section and not by § 55-79.70. Section 55-79.70 shall apply only to suchsubdivisions of units as are intended to result in the creation of two ormore new units in place of the subdivided unit.
(1974, c. 416; 1991, c. 497.)