§514B-38  Common elements.  Each unit
owner may use the common elements in accordance with the purposes permitted
under the declaration, subject to:



(1)  The rights of other unit owners to use the common
elements;



(2)  Any owner's exclusive right to use of the limited
common elements as provided in the declaration;



(3)  The right of the owners to amend the declaration
to change the permitted uses of the common elements; provided that subject to [section]
514B-140(c):



(A)  Changing common element open spaces or
landscaped spaces to other uses shall not require an amendment to the
declaration; and



(B)  Minor additions to or alterations of the
common elements for the benefit of individual units are permitted if the
additions or alterations can be accomplished without substantial impact on the
interests of other owners in the common elements, as reasonably determined by
the board;



(4)  Any rights reserved in the declaration to amend
the declaration to change the permitted uses of the common elements;



(5)  The right of the board, on behalf of the
association, to lease or otherwise use for the benefit of the association those
common elements that the board determines are not actually used by any of the
unit owners for a purpose permitted in the declaration.  Unless the lease is
approved by the owners of at least sixty-seven per cent of the common interest,
the lease shall have a term of no more than five years and may be terminated by
the board or the lessee on no more than sixty days prior written notice; provided
that the requirements of this paragraph shall not apply to any leases,
licenses, or other agreements entered into for the purposes authorized by
section 514B-140(d); and



(6)  The right of the board, on behalf of the
association, to lease or otherwise use for the benefit of the association those
common elements that the board determines are actually used by one or more unit
owners for a purpose permitted in the declaration.  The lease or use shall be
approved by the owners of at least sixty-seven per cent of the common interest,
including all directly affected unit owners that the board reasonably
determines actually use the common elements, and the owners' mortgagees;
provided that the requirements of this paragraph shall not apply to any leases,
licenses, or other agreements entered into for the purposes authorized by
section 514B-140(d). [L 2005, c 93, pt of §2; am L 2006, c 273, §10]