§ 339-I — Common elements

§ 339-i. Common elements. 1. Each unit shall have appurtenant thereto\na common interest as expressed in the declaration. Such interest shall\nbe (i) in the approximate proportion that the fair value of the unit at\nthe date of the declaration bears to the then aggregate fair value of\nall the units or (ii) in the approximate proportion that the floor area\nof the unit at the date of the declaration bears to the then aggregate\nfloor area of all the units, but such proportion shall reflect the\nsubstantially exclusive advantages enjoyed by one or more but not all\nunits in a part or parts of the common elements or (iii) the interest of\neach of the units shall be in equal percentages, one for each unit as of\nthe date of filing the declaration, or in equal percentages within\nseparate classifications of units as of the date of filing the\ndeclaration, or (iv) upon floor space, subject to the location of such\nspace and the additional factors of relative value to other space in the\ncondominium, the uniqueness of the unit, the availability of common\nelements for exclusive or shared use, and the overall dimensions of the\nparticular unit.\n 2. The common interest appurtenant to each unit as expressed in the\ndeclaration shall have a permanent character and shall not be altered\nwithout the consent of all unit owners affected, expressed in an amended\ndeclaration. However, the declaration may contain provisions relating to\nthe appropriation, taking or condemnation by eminent domain by a\nfederal, state or local government, or instrumentality thereof,\nincluding, but not limited to, reapportionment or other change of the\ncommon interest appurtenant to each unit, or portion thereof, remaining\nafter a partial appropriation, taking or condemnation. The common\ninterest shall not be separated from the unit to which it appertains.\nNothing contained in this article shall prohibit the division of any\nunit and common interest appurtenant thereto in a non-residential unit\nin the manner permitted by the declaration and bylaws, including changes\nin the number of rooms; in no case may such division result in a greater\npercentage of common interest for the total of the new units than\nexisted for the original unit before division. Where authorized by the\ndeclaration and bylaws, an appropriate amendment to the declaration may\nbe filed by the new unit owners under the same file number and under\nprocedure set forth in section three hundred thirty-nine-p hereof, and\nthe local tax authorities shall provide and certify upon the proposed\namendment a conforming tax lot number upon completion of the new units.\n 3. The common elements shall remain undivided and no right shall exist\nto partition or divide any thereof, except as otherwise provided in this\narticle. Any provision to the contrary shall be null and void. Nothing\nin this subdivision shall be deemed to prevent ownership of a unit by\nthe entireties, jointly or in common.\n 4. Each unit owner may use the common elements in accordance with the\npurpose for which they are intended, without hindering the exercise of\nor encroaching upon the rights of the other unit owners, but this\nsubsection shall not be deemed to prevent some unit or units from\nenjoying substantially exclusive advantages in a part or parts of the\ncommon elements as expressed in the declaration or by-laws.\n 5. The unit owners shall have the irrevocable right, to be exercised\nby the board of managers, to have access to each unit from time to time\nduring reasonable hours to the extent necessary for the operation of the\nproperty, or for making emergency repairs therein necessary to prevent\ndamage to the common elements or to another unit or units, and the\nby-laws may contain reasonable rules and regulations for the\nadministration of this provision as the privacy of the units and the\nprotection of them and their contents from burglary, theft or larceny\nrequires.\n