§565. Common elements








1. Percentage of ownership. 
Each unit owner shall be entitled to an undivided interest in the common areas and
facilities in the percentage expressed in the declaration. Such percentage shall be
computed by taking as a basis the fair value of the unit at the date of the declaration
in relation to the fair value of all the units having an interest in the common areas
and facilities.


[
1965, c. 357, (NEW)
.]








2. Permanent character. 
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 with the unit even though such interest
is not expressly mentioned or described in the conveyance or other instrument.


[
1965, c. 357, (NEW)
.]








3. Undivided. 
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. Any covenant to
the contrary shall be null and void.


[
1965, c. 357, (NEW)
.]








4. Use. 
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.


[
1965, c. 357, (NEW)
.]








5. Repairs. 
The necessary work of maintenance, repair and replacement of the common areas and
facilities and the making of any additions or improvements thereto shall be carried
out only as provided and in the declaration and in the bylaws.


[
1965, c. 357, (NEW)
.]








6. Access for repair. 
The association of unit owners shall have the irrevocable right, to be exercised
by the manager or board of directors, 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 therein or accessible therefrom, or for
making emergency repairs therein necessary to prevent damage to the common areas and
facilities or to another unit or units.


[
1965, c. 357, (NEW)
.]





SECTION HISTORY

1965, c. 357, (NEW).