339-i. Common elements. 1. Each unit shall have appurtenant thereto a common interest as expressed in the declaration. Such interest shall be (i) in the approximate proportion that the fair value of the unit at the date of the declaration bears to the then aggregate fair value of all the units or (ii) in the approximate proportion that the floor area of the unit at the date of the declaration bears to the then aggregate floor area of all the units, but such proportion shall reflect the substantially exclusive advantages enjoyed by one or more but not all units in a part or parts of the common elements or (iii) the interest of each of the units shall be in equal percentages, one for each unit as of the date of filing the declaration, or in equal percentages within separate classifications of units as of the date of filing the declaration, or (iv) upon floor space, subject to the location of such space and the additional factors of relative value to other space in the condominium, the uniqueness of the unit, the availability of common elements for exclusive or shared use, and the overall dimensions of the particular unit.
2. The common interest appurtenant to each unit as expressed in the declaration shall have a permanent character and shall not be altered without the consent of all unit owners affected, expressed in an amended declaration. However, the declaration may contain provisions relating to the appropriation, taking or condemnation by eminent domain by a federal, state or local government, or instrumentality thereof, including, but not limited to, reapportionment or other change of the common interest appurtenant to each unit, or portion thereof, remaining after a partial appropriation, taking or condemnation. The common interest shall not be separated from the unit to which it appertains. Nothing contained in this article shall prohibit the division of any unit and common interest appurtenant thereto in a non-residential unit in the manner permitted by the declaration and bylaws, including changes in the number of rooms; in no case may such division result in a greater percentage of common interest for the total of the new units than existed for the original unit before division. Where authorized by the declaration and bylaws, an appropriate amendment to the declaration may be filed by the new unit owners under the same file number and under procedure set forth in section three hundred thirty-nine-p hereof, and the local tax authorities shall provide and certify upon the proposed amendment a conforming tax lot number upon completion of the new units.
3. The common elements shall remain undivided and no right shall exist to partition or divide any thereof, except as otherwise provided in this article. Any provision to the contrary shall be null and void. Nothing in this subdivision shall be deemed to prevent ownership of a unit by the entireties, jointly or in common.
4. Each unit owner may use the common elements in accordance with the purpose for which they are intended, without hindering the exercise of or encroaching upon the rights of the other unit owners, but this subsection shall not be deemed to prevent some unit or units from enjoying substantially exclusive advantages in a part or parts of the common elements as expressed in the declaration or by-laws.
5. The unit owners shall have the irrevocable right, to be exercised by the board of managers, to have access to each unit from time to time during reasonable hours to the extent necessary for the operation of the property, or for making emergency repairs therein necessary to prevent damage to the common elements or to another unit or units, and the by-laws may contain reasonable rules and regulations for the administration of this provision as the privacy of the units and the protection of them and their contents from burglary, theft or larceny requires.
Last modified: February 3, 2019