§ 32-25-4-3 — Common areas and facilities; undivided interest; repairs

(a) Each condominium unit owner is entitled
to an undivided interest in the common areas and facilities as
designated in the declaration. Except as provided in subsection (b), the
undivided interest must be expressed as a percentage interest based on:
(1) the size of the unit in relation to the size of all units in the
condominium;
(2) the value of each condominium unit in relation to the value of
all condominium units in the condominium; or
(3) the assignment of an equal percentage undivided interest to
each condominium unit.
An undivided interest allocated to each condominium unit in
accordance with this subsection must be indicated in a schedule of
undivided interests in the declaration. However, if the declaration does
not specify the method of allocating the percentage undivided interests,
an equal percentage undivided interest applies to each condominium
unit. The total undivided interests allocated in accordance with
subdivision (1) or (2) must equal one hundred percent (100%).
(b) With respect to an expandable condominium, the declaration
may allocate undivided interests in the common area on the basis of
value if:
(1) the declaration prohibits the creation of any condominium
units not substantially identical to the condominium units
depicted on the recorded plans of the declaration; or
(2) the declaration:
(A) prohibits the creation of any condominium units not
described in the initial declaration; and
(B) contains a statement on the value to be assigned to each
condominium unit created after the date of the declaration.
(c) Interests in the common areas may not be allocated to any
condominium units to be created within any additional land until the
plats and plans and supplemental declaration depicting the
condominium units to be created are recorded. Simultaneously with the
recording of the plats and plans for the condominium units to be
created, the declarant must execute and record an amendment to the
initial declaration reallocating undivided interests in the common areas
so that the future condominium units depicted on the plats and plans
will be allocated undivided interests in the common areas on the same
basis as the condominium units depicted in the prior recorded plats and
plans.
(d) Except as provided in section 3.5 of this chapter and in IC 32-25-8-3, the undivided interest of the owner of the condominium unit
in the common areas and facilities, as expressed in the declaration, is
permanent and may not be altered without the consent of the
co-owners. A consent to alteration must be stated in an amended
declaration, and the amended declaration must be recorded. The
undivided interest may not be transferred, encumbered, disposed of, or
separated from the condominium unit to which it appertains, and any
purported transfer, encumbrance, or other disposition is void. The
undivided interest is considered to be conveyed or encumbered with the
condominium unit to which it appertains even though the undivided
interest is not expressly mentioned or described in the conveyance or
other instrument.
(e) The common areas and facilities shall remain undivided. A
condominium unit owner or any other person may bring an action for
partition or division of any part of the common areas and facilities if
the property has been removed from this chapter as provided in IC 32-25-8-12 and IC 32-25-8-16. Any covenant to the contrary is void.
(f) Each condominium unit owner:
(1) may use the common areas and facilities in accordance with
the purpose for which the common areas and facilities were
intended; and
(2) may not, in the owner's use of the common areas and facilities,
hinder or encroach upon the lawful rights of the other co-owners.
(g) The:
(1) necessary work of:
(A) maintenance;
(B) repair; and
(C) replacement;
of the common areas and facilities; and
(2) making of any additions or improvements to the common
areas and facilities;
may be carried out only as provided in this chapter and in the bylaws.
(h) The association of condominium unit owners has the irrevocable
right, to be exercised by the manager or board of directors, to have
access to each condominium unit from time to time during reasonable
hours as is necessary for:
(1) the maintenance, repair, or replacement of any of the common
areas and facilities:
(A) in the condominium unit; or
(B) accessible from the condominium unit; or
(2) making emergency repairs in the condominium unit necessary
to prevent damage to:
(A) the common areas and facilities; or
(B) another condominium unit.
[Pre-2002 Recodification Citation: 32-1-6-7.]

Legislative History

As added by P.L.2-2002, SEC.10. Amended by P.L.1-2003, SEC.84; P.L.181-2007, SEC.1.