§514A-89 
Certain work prohibited.  (a) 
No apartment owner shall do any work that could jeopardize the soundness or
safety of the property, reduce the value thereof, or impair any easement or
hereditament.



(b)  No
apartment owner shall add any material structure or excavate any additional
basement or cellar, without first obtaining in every such case the consent of
seventy-five per cent of the apartment owners, together with the consent of all
apartment owners whose apartments or limited common elements appurtenant
thereto are directly affected.



(c) 
Nonmaterial structural additions to the common elements, including without
limitation additions to or alterations of an apartment made within the
apartment or within a limited common element appurtenant to and for the
exclusive use of the apartment shall require approval only by the board of
directors of the association of apartment owners and such percentage, number,
or group of apartment owners as may be required by the declaration or bylaws;
provided that the installation of solar energy devices shall be allowed on
single-family residential dwellings or townhouses pursuant to the provisions in
section 196-7.



As used in
this section:



"Nonmaterial
structural additions to the common elements", means a structural addition
to the common elements that does not jeopardize the soundness or safety of the
property, reduce the value thereof, impair any easement or hereditament,
detract from the appearance of the project, interfere with or deprive any
nonconsenting owner of the use or enjoyment of any part of property, or
directly affect any nonconsenting owner.



"Solar
energy device" means any new identifiable facility, equipment, apparatus,
or the like which makes use of solar energy for heating, cooling, or reducing
the use of other types of energy dependent upon fossil fuel for its generation;
provided that if the equipment sold cannot be used as a solar device without
its incorporation with other equipment, it shall be installed in place and
ready to be made operational to qualify as a "solar energy device";
and provided further that "solar energy device" shall not include
skylights or windows.



"Townhouse"
means a series of individual houses having architectural unity and a common
wall between each unit; provided that each unit extends from the ground to the
roof. [L 2007, c 244, pt of §2]