Allocation of common element interests, votes, and common expenseliabilities.
448.2-107. 1. The declaration shall allocate a fraction orpercentage of undivided interests in the common elements and inthe common expenses of the association, and a portion of thevotes in the association, to each unit and state the formulasused to establish those allocations. Such allocations may notdiscriminate in favor of units owned by the declarant.
2. If units may be added to or withdrawn from thecondominium, the declaration shall state the formulas to be usedto reallocate the allocated interests among all units included inthe condominium after the addition or withdrawal.
3. The declaration may provide: (1) that differentallocations of votes shall be made to the units on particularmatters specified in the declaration; (2) for cumulative votingonly for the purpose of electing members of the executive board;and (3) for class voting on specified issues affecting the classif necessary to protect valid interests of the class. Adeclarant may not utilize cumulative or class voting for thepurpose of evading any limitation imposed on declarants bysections 448.1-101 to 448.4-120, nor may units constitute a classbecause they are owned by a declarant.
4. Except for minor variations due to rounding, the sum ofthe undivided interests in the common elements and common expenseliabilities allocated at any time to all the units shall eachequal one if stated as fractions or one hundred percent if statedas percentages. In the event of discrepancy between an allocatedinterest and the result derived from application of the pertinentformulas, the allocated interest prevails.
5. The common elements are not subject to partition, and anypurported conveyance, encumbrance, judicial sale, or othervoluntary or involuntary transfer of an undivided interest in thecommon elements made without the unit to which that interest isallocated, is void.
Allocation of common element interests, votes, and common expenseliabilities.
448.2-107. 1. The declaration shall allocate a fraction orpercentage of undivided interests in the common elements and inthe common expenses of the association, and a portion of thevotes in the association, to each unit and state the formulasused to establish those allocations. Such allocations may notdiscriminate in favor of units owned by the declarant.
2. If units may be added to or withdrawn from thecondominium, the declaration shall state the formulas to be usedto reallocate the allocated interests among all units included inthe condominium after the addition or withdrawal.
3. The declaration may provide: (1) that differentallocations of votes shall be made to the units on particularmatters specified in the declaration; (2) for cumulative votingonly for the purpose of electing members of the executive board;and (3) for class voting on specified issues affecting the classif necessary to protect valid interests of the class. Adeclarant may not utilize cumulative or class voting for thepurpose of evading any limitation imposed on declarants bysections 448.1-101 to 448.4-120, nor may units constitute a classbecause they are owned by a declarant.
4. Except for minor variations due to rounding, the sum ofthe undivided interests in the common elements and common expenseliabilities allocated at any time to all the units shall eachequal one if stated as fractions or one hundred percent if statedas percentages. In the event of discrepancy between an allocatedinterest and the result derived from application of the pertinentformulas, the allocated interest prevails.
5. The common elements are not subject to partition, and anypurported conveyance, encumbrance, judicial sale, or othervoluntary or involuntary transfer of an undivided interest in thecommon elements made without the unit to which that interest isallocated, is void.
Allocation of common element interests, votes, and common expenseliabilities.
448.2-107. 1. The declaration shall allocate a fraction orpercentage of undivided interests in the common elements and inthe common expenses of the association, and a portion of thevotes in the association, to each unit and state the formulasused to establish those allocations. Such allocations may notdiscriminate in favor of units owned by the declarant.
2. If units may be added to or withdrawn from thecondominium, the declaration shall state the formulas to be usedto reallocate the allocated interests among all units included inthe condominium after the addition or withdrawal.
3. The declaration may provide: (1) that differentallocations of votes shall be made to the units on particularmatters specified in the declaration; (2) for cumulative votingonly for the purpose of electing members of the executive board;and (3) for class voting on specified issues affecting the classif necessary to protect valid interests of the class. Adeclarant may not utilize cumulative or class voting for thepurpose of evading any limitation imposed on declarants bysections 448.1-101 to 448.4-120, nor may units constitute a classbecause they are owned by a declarant.
4. Except for minor variations due to rounding, the sum ofthe undivided interests in the common elements and common expenseliabilities allocated at any time to all the units shall eachequal one if stated as fractions or one hundred percent if statedas percentages. In the event of discrepancy between an allocatedinterest and the result derived from application of the pertinentformulas, the allocated interest prevails.
5. The common elements are not subject to partition, and anypurported conveyance, encumbrance, judicial sale, or othervoluntary or involuntary transfer of an undivided interest in thecommon elements made without the unit to which that interest isallocated, is void.
