§514B-140 
Additions to and alterations of condominium.  (a)  No unit owner shall do any work that may jeopardize the soundness
or safety of the property, reduce the value thereof, or impair any easement, as
reasonably determined by the board.



(b)  Subject
to the provisions of the declaration, no unit owner may make or allow any
material addition or alteration, or excavate an additional basement or cellar,
without first obtaining the written consent of sixty-seven per cent of the unit
owners, the consent of all unit owners whose units or appurtenant limited
common elements are directly affected, and the approval of the board, which
shall not unreasonably withhold such approval.  The declaration may limit the
board's ability to approve or condition a proposed addition or alteration;
provided that the board shall always have the right to disapprove a proposed
addition or alteration that the board reasonably determines could jeopardize
the soundness or safety of the property, impair any easement, or interfere with
or deprive any nonconsenting owner of the use or enjoyment of any part of the
property.



(c)  Subject
to the provisions of the declaration, nonmaterial additions to or alterations
of the common elements or units, including, without limitation, additions to or
alterations of a unit made within the unit or within a limited common element
appurtenant to and for the exclusive use of the unit, shall require approval
only by the board, which shall not unreasonably withhold the approval, and such
percentage, number, or group of unit 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 subsection:



"Nonmaterial
additions and alterations" means an addition to or alteration of the
common elements or a unit that does not jeopardize the soundness or safety of
the property, reduce the value thereof, impair any easement, 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 be
ready to be made operational in order to qualify as a "solar energy
device"; 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.



(d)  Notwithstanding any other provisions to
the contrary in this chapter or in any declaration or bylaws:



(1)  Regarding the installment of telecommunications
equipment:



(A)  The board shall have the authority to
install or cause the installation of antennas, conduits, chases, cables, wires,
and other television signal distribution and telecommunications equipment upon
the common elements of the project; provided that the same shall not be
installed upon any limited common element without the consent of the owner or
owners of the unit or units for the use of which the limited common element is
reserved; and



(B)  The installation of antennas, conduits,
chases, cables, wires, and other television signal distribution and
telecommunications equipment upon the common elements by the board shall not be
deemed to alter, impair, or diminish the common interest, common elements, and
easements appurtenant to each unit, or to be a structural alteration or
addition to any building constituting a material change in the plans of the
project filed in accordance with sections 514B‑33 and 514B‑34;
provided that no such installation shall directly affect any nonconsenting unit
owner; and



(2)  Regarding the abandonment of telecommunications
equipment:



(A)  The board shall be authorized to abandon
or change the use of any television signal distribution and telecommunications
equipment due to technological or economic obsolescence or to provide an
equivalent function by different means or methods; and



(B)  The abandonment or change of use of any
television signal distribution or telecommunications equipment by the board due
to technological or economic obsolescence or to provide an equivalent function
by different means or methods shall not be deemed to alter, impair, or diminish
the common interest, common elements, and easements appurtenant to each unit or
to be a structural alteration or addition to any building constituting a
material change in the plans of the project filed in accordance with sections
514B‑33 and 514B‑34.



As used in this subsection:



"Directly affect" means the
installation of television signal distribution and telecommunications equipment
in a manner which would specially, personally, and adversely affect a unit
owner in a manner not common to the unit owners as a whole.



"Television signal distribution" and
"telecommunications equipment" shall be construed in their broadest
possible senses in order to encompass all present and future forms of
communications technology. [L
2004, c 164, pt of §2; am L 2005, c 157, §4; am L 2006, c 38, §24]