Presumption of consent to changes; reallocation of interests in
common area; liens
Sec. 6. (a) Except as provided in subsection (b), if the declaration
for a condominium is in conformity with section 2 of this chapter, it
is presumed that any owner of a condominium unit in that
condominium has consented to the changes in the percentage of
undivided interest in the common areas and facilities appertaining to
the owner's unit.
(b) An owner of a condominium unit who entered an agreement
to purchase that unit before the recordation of the declaration may
not be presumed to have consented to the changes referred to in
subsection (a) unless the owner:
(1) was provided a copy of:
(A) the expansion provisions; or
(B) the declaration; and
(2) made a written acknowledgment of the receipt of the
provisions before entering the purchase agreement.
(c) The reallocation of percentage of undivided interests in the
common areas and facilities vests when the amendment to the
declaration incorporating the reallocated percentages is recorded.
(d) When the amendment to the declaration incorporating:
(1) the addition of condominium units;
(2) the expansion of common areas and facilities; or
(3) both addition and expansion as described in subdivisions (1)
and (2);
is recorded, all liens, including mortgage liens, are released as to the
percentage of undivided interests in the common areas and facilities
described in the declaration (before amendment of the declaration)
and shall attach to the reallocated percentage of undivided interests
in the common areas and facilities described in the amendment to the
declaration as though the liens had attached to those percentage
interests on the date of the recordation of the mortgage or other
document that evidences the creation of the lien. The percentage
interest in the common areas and facilities appertaining to additional
condominium units being added by the amendment to the declaration
are subject to mortgage liens and other liens upon the recordation of
the amendment to the declaration.
As added by P.L.2-2002, SEC.10.
Last modified: May 24, 2006