Common areas and facilities; undivided interest; repairs
Sec. 3. (a) Each condominium unit owner is entitled to an
undivided interest in the common areas and facilities as designated
in the declaration. Except as provided in subsection (b), the
undivided interest must be expressed as a percentage interest based
on:
(1) the size of the unit in relation to the size of all units in the
condominium;
(2) the value of each condominium unit in relation to the value
of all condominium units in the condominium; or
(3) the assignment of an equal percentage undivided interest to
each condominium unit.
An undivided interest allocated to each condominium unit in
accordance with this subsection must be indicated in a schedule of
undivided interests in the declaration. However, if the declaration
does not specify the method of allocating the percentage undivided
interests, an equal percentage undivided interest applies to each
condominium unit. The total undivided interests allocated in
accordance with subdivision (1) or (2) must equal one hundred
percent (100%).
(b) With respect to an expandable condominium, the declaration
may allocate undivided interests in the common area on the basis of
value if:
(1) the declaration prohibits the creation of any condominium
units not substantially identical to the condominium units
depicted on the recorded plans of the declaration; or
(2) the declaration:
(A) prohibits the creation of any condominium units not
described in the initial declaration; and
(B) contains a statement on the value to be assigned to each
condominium unit created after the date of the declaration.
(c) Interests in the common areas may not be allocated to any
condominium units to be created within any additional land until the
plats and plans and supplemental declaration depicting the
condominium units to be created are recorded. Simultaneously with
the recording of the plats and plans for the condominium units to be
created, the declarant must execute and record an amendment to the
initial declaration reallocating undivided interests in the common
areas so that the future condominium units depicted on the plats and
plans will be allocated undivided interests in the common areas on
the same basis as the condominium units depicted in the prior
recorded plats and plans.
(d) Except as provided in IC 32-25-8-3, the undivided interest of
the owner of the condominium unit in the common areas and
facilities, as expressed in the declaration, is permanent and may not
be altered without the consent of the co-owners. A consent to
alteration must be stated in an amended declaration, and the amended
declaration must be recorded. The undivided interest may not be
transferred, encumbered, disposed of, or separated from the
condominium unit to which it appertains, and any purported transfer,
encumbrance, or other disposition is void. The undivided interest is
considered to be conveyed or encumbered with the condominium
unit to which it appertains even though the undivided interest is not
expressly mentioned or described in the conveyance or other
instrument.
(e) The common areas and facilities shall remain undivided. A
condominium unit owner or any other person may bring an action for
partition or division of any part of the common areas and facilities if
the property has been removed from this chapter as provided in
IC 32-25-8-12 and IC 32-25-8-16. Any covenant to the contrary is
void.
(f) Each condominium unit owner:
(1) may use the common areas and facilities in accordance with
the purpose for which the common areas and facilities were
intended; and
(2) may not, in the owner's use of the common areas and
facilities, hinder or encroach upon the lawful rights of the other
co-owners.
(g) The:
(1) necessary work of:
(A) maintenance;
(B) repair; and
(C) replacement;
of the common areas and facilities; and
(2) making of any additions or improvements to the common
areas and facilities;
may be carried out only as provided in this chapter and in the bylaws.
(h) The association of condominium unit owners has the
irrevocable right, to be exercised by the manager or board of
directors, to have access to each condominium unit from time to time
during reasonable hours as is necessary for:
(1) the maintenance, repair, or replacement of any of the
common areas and facilities:
(A) in the condominium unit; or
(B) accessible from the condominium unit; or
(2) making emergency repairs in the condominium unit
necessary to prevent damage to:
(A) the common areas and facilities; or
(B) another condominium unit.
As added by P.L.2-2002, SEC.10. Amended by P.L.1-2003, SEC.84.
Last modified: May 24, 2006