§ 81-208 — Limited common elements

Delaware § 81-208

• Jurisdiction: Delaware
• Title: 25
• Part: Common Interests and Ownership of Real Estate
• Ch. 81: DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT
• Subch.: Creation, Alteration, and Termination of Common Interest

Text

(a) Except for the limited common elements described in § 81-202(b) and (d) of this title, the declaration must specify to which unit or units each limited common element is allocated. An allocation may not be altered without the consent of the unit owners whose units are affected.

(b) Except as the declaration otherwise provides, a limited common element may be reallocated by an amendment to the declaration executed by the unit owners between or among whose units the reallocation is made. The persons executing the amendment shall provide a copy thereof to the association, which shall record it. The amendment must be recorded in the names of the parties and the common interest community.

(c) A common element not previously allocated as a limited common element may be so allocated only pursuant to provisions in the declaration made in accordance with § 81-205(a)(7) of this title. The allocations must be made by amendments to the declaration.

Legislative History

76 Del. Laws, c. 422, § 2 ; 77 Del. Laws, c. 91, § 82