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This entry was published on 2014-09-22
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SECTION 339-I
Common elements
Real Property (RPP) CHAPTER 50, ARTICLE 9-B
§ 339-i. Common elements. 1. Each unit shall have appurtenant thereto
a common interest as expressed in the declaration. Such interest shall
be (i) in the approximate proportion that the fair value of the unit at
the date of the declaration bears to the then aggregate fair value of
all the units or (ii) in the approximate proportion that the floor area
of the unit at the date of the declaration bears to the then aggregate
floor area of all the units, but such proportion shall reflect the
substantially exclusive advantages enjoyed by one or more but not all
units in a part or parts of the common elements or (iii) the interest of
each of the units shall be in equal percentages, one for each unit as of
the date of filing the declaration, or in equal percentages within
separate classifications of units as of the date of filing the
declaration, or (iv) upon floor space, subject to the location of such
space and the additional factors of relative value to other space in the
condominium, the uniqueness of the unit, the availability of common
elements for exclusive or shared use, and the overall dimensions of the
particular unit.

2. The common interest appurtenant to each unit as expressed in the
declaration shall have a permanent character and shall not be altered
without the consent of all unit owners affected, expressed in an amended
declaration. However, 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 common
interest shall not be separated from the unit to which it appertains.
Nothing contained in this article shall prohibit the division of any
unit and common interest appurtenant thereto in a non-residential unit
in the manner permitted by the declaration and bylaws, including changes
in the number of rooms; in no case may such division result in a greater
percentage of common interest for the total of the new units than
existed for the original unit before division. Where authorized by the
declaration and bylaws, an appropriate amendment to the declaration may
be filed by the new unit owners under the same file number and under
procedure set forth in section three hundred thirty-nine-p hereof, and
the local tax authorities shall provide and certify upon the proposed
amendment a conforming tax lot number upon completion of the new units.

3. The common elements shall remain undivided and no right shall exist
to partition or divide any thereof, except as otherwise provided in this
article. Any provision to the contrary shall be null and void. Nothing
in this subdivision shall be deemed to prevent ownership of a unit by
the entireties, jointly or in common.

4. Each unit owner may use the common elements in accordance with the
purpose for which they are intended, without hindering the exercise of
or encroaching upon the rights of the other unit owners, but this
subsection shall not be deemed to prevent some unit or units from
enjoying substantially exclusive advantages in a part or parts of the
common elements as expressed in the declaration or by-laws.

5. The unit owners shall have the irrevocable right, to be exercised
by the board of managers, to have access to each unit from time to time
during reasonable hours to the extent necessary for the operation of the
property, or for making emergency repairs therein necessary to prevent
damage to the common elements or to another unit or units, and the
by-laws may contain reasonable rules and regulations for the
administration of this provision as the privacy of the units and the
protection of them and their contents from burglary, theft or larceny
requires.