§ 34-36.1-2.07 Allocation of commonelement interest, votes, and common expense liabilities. – (a) The declaration shall allocate a fraction or percentage of undividedinterests in the common elements and in the common expenses of the association,and a portion of the votes in the association, to each unit including land onlyunits and state the formulas used to establish those allocations. Thoseallocations may not discriminate in favor of units owned by the declarant, butmay discriminate in favor of units subject to a housing restriction as setforth in § 34-39.1-3. Except as set forth in § 34-36.1-1.03(7), nominimum percentage interest in the common elements is otherwise required.
(b) If units may be added to or withdrawn from thecondominium, the declaration must state the formulas to be used to reallocatethe allocated interests among all units included in the condominium after theaddition or withdrawal.
(c) The declaration may provide: (i) That differentallocations of votes shall be made to the units on particular matters specifiedin the declaration; (ii) For cumulative voting only for the purpose of electingmembers of the executive board; and (iii) For the class voting on specifiedissues affecting the class if necessary to protect valid interests of theclass. A declarant may not utilize cumulative or class voting for the purposeof evading any limitation imposed on declarants by this chapter, nor may unitsconstitute a class because they are owned by a declarant.
(d) Except for minor variations due to rounding, the sum ofthe undivided interests in the common elements and common expense liabilitiesallocated at any time to all the units must each equal one if stated asfractions or one hundred percent (100%) if stated as percentages. In the eventof discrepancy between an allocated interest and the results derived fromapplication of the pertinent formula, the allocated interest prevails.
(e) The common elements are not subject to partition, and anypurported conveyance, encumbrance, judicial sale, or other voluntary orinvoluntary transfer of an undivided interest in the common elements madewithout the unit to which that interest is allocated, is void.
(f) Subject to the provisions of the declaration and otherprovisions of law, and except as provided in § 34-36.1-2.12 which providesfor the relocation of boundaries between adjoining units, the owners of any two(2) or more units may apply for a reallocation of their respective allocatedinterests to the executive board; but their application shall not attempt toalter common element interests except as they relate to the proposedreallocation of unit interests. Unless the executive board determines withinthirty (30) days, that the reallocations are unreasonable, the associationshall prepare an amendment that identifies the units involved, states thereallocations, is executed by those unit owners, contains words of conveyancebetween them, and upon recordation, is indexed in the name of the grantor andthe grantee.
§ 34-36.1-2.07 Allocation of commonelement interest, votes, and common expense liabilities. – (a) The declaration shall allocate a fraction or percentage of undividedinterests in the common elements and in the common expenses of the association,and a portion of the votes in the association, to each unit including land onlyunits and state the formulas used to establish those allocations. Thoseallocations may not discriminate in favor of units owned by the declarant, butmay discriminate in favor of units subject to a housing restriction as setforth in § 34-39.1-3. Except as set forth in § 34-36.1-1.03(7), nominimum percentage interest in the common elements is otherwise required.
(b) If units may be added to or withdrawn from thecondominium, the declaration must state the formulas to be used to reallocatethe allocated interests among all units included in the condominium after theaddition or withdrawal.
(c) The declaration may provide: (i) That differentallocations of votes shall be made to the units on particular matters specifiedin the declaration; (ii) For cumulative voting only for the purpose of electingmembers of the executive board; and (iii) For the class voting on specifiedissues affecting the class if necessary to protect valid interests of theclass. A declarant may not utilize cumulative or class voting for the purposeof evading any limitation imposed on declarants by this chapter, nor may unitsconstitute a class because they are owned by a declarant.
(d) Except for minor variations due to rounding, the sum ofthe undivided interests in the common elements and common expense liabilitiesallocated at any time to all the units must each equal one if stated asfractions or one hundred percent (100%) if stated as percentages. In the eventof discrepancy between an allocated interest and the results derived fromapplication of the pertinent formula, the allocated interest prevails.
(e) The common elements are not subject to partition, and anypurported conveyance, encumbrance, judicial sale, or other voluntary orinvoluntary transfer of an undivided interest in the common elements madewithout the unit to which that interest is allocated, is void.
(f) Subject to the provisions of the declaration and otherprovisions of law, and except as provided in § 34-36.1-2.12 which providesfor the relocation of boundaries between adjoining units, the owners of any two(2) or more units may apply for a reallocation of their respective allocatedinterests to the executive board; but their application shall not attempt toalter common element interests except as they relate to the proposedreallocation of unit interests. Unless the executive board determines withinthirty (30) days, that the reallocations are unreasonable, the associationshall prepare an amendment that identifies the units involved, states thereallocations, is executed by those unit owners, contains words of conveyancebetween them, and upon recordation, is indexed in the name of the grantor andthe grantee.
§ 34-36.1-2.07 Allocation of commonelement interest, votes, and common expense liabilities. – (a) The declaration shall allocate a fraction or percentage of undividedinterests in the common elements and in the common expenses of the association,and a portion of the votes in the association, to each unit including land onlyunits and state the formulas used to establish those allocations. Thoseallocations may not discriminate in favor of units owned by the declarant, butmay discriminate in favor of units subject to a housing restriction as setforth in § 34-39.1-3. Except as set forth in § 34-36.1-1.03(7), nominimum percentage interest in the common elements is otherwise required.
(b) If units may be added to or withdrawn from thecondominium, the declaration must state the formulas to be used to reallocatethe allocated interests among all units included in the condominium after theaddition or withdrawal.
(c) The declaration may provide: (i) That differentallocations of votes shall be made to the units on particular matters specifiedin the declaration; (ii) For cumulative voting only for the purpose of electingmembers of the executive board; and (iii) For the class voting on specifiedissues affecting the class if necessary to protect valid interests of theclass. A declarant may not utilize cumulative or class voting for the purposeof evading any limitation imposed on declarants by this chapter, nor may unitsconstitute a class because they are owned by a declarant.
(d) Except for minor variations due to rounding, the sum ofthe undivided interests in the common elements and common expense liabilitiesallocated at any time to all the units must each equal one if stated asfractions or one hundred percent (100%) if stated as percentages. In the eventof discrepancy between an allocated interest and the results derived fromapplication of the pertinent formula, the allocated interest prevails.
(e) The common elements are not subject to partition, and anypurported conveyance, encumbrance, judicial sale, or other voluntary orinvoluntary transfer of an undivided interest in the common elements madewithout the unit to which that interest is allocated, is void.
(f) Subject to the provisions of the declaration and otherprovisions of law, and except as provided in § 34-36.1-2.12 which providesfor the relocation of boundaries between adjoining units, the owners of any two(2) or more units may apply for a reallocation of their respective allocatedinterests to the executive board; but their application shall not attempt toalter common element interests except as they relate to the proposedreallocation of unit interests. Unless the executive board determines withinthirty (30) days, that the reallocations are unreasonable, the associationshall prepare an amendment that identifies the units involved, states thereallocations, is executed by those unit owners, contains words of conveyancebetween them, and upon recordation, is indexed in the name of the grantor andthe grantee.
