Title 44, Chapter 3, Section 75
( 44-3-75)
(a) Except to the extent otherwise provided by the condominium
instruments: (1) The terms defined in Code Section 44-3-71 shall be deemed to have the meanings therein specified wherever they appear in the condominium instruments unless the context otherwise requires; (2) To the extent that walls, floors, or ceilings are designated
as the boundaries of the units or of any specified units, all
doors and windows therein and all lath, wallboard, plasterboard,
plaster, paneling, molding, tiles, wallpaper, paint, finished
flooring, and any other materials constituting any part of the
finished surfaces thereof shall be deemed a part of such units;
but all other portions of such walls, floors, or ceilings shall be
deemed a part of the common elements; (3) If any chutes, flues, ducts, conduits, wires, bearing walls,
bearing columns, or any other apparatus lies partially inside and
partially outside of the designated boundaries of a unit, any
portions thereof serving only that unit shall be deemed a part of
that unit; but any portions thereof serving more than one unit or
any portion of the common elements shall be deemed a part of the
common elements; (4) Subject to paragraph (3) of this subsection, all space,
interior partitions, and other fixtures and improvements within
the boundaries of a unit shall be deemed a part of that unit; (5) Any shutters, awnings, window boxes, doorsteps, porches,
balconies, patios, and any other apparatus designed to serve a
single unit shall be deemed a limited common element appertaining
to that unit exclusively; and (6) The requirement of consent to or joinder in any act or
instrument by any unit owner shall not be deemed to require the
consent to or joinder in such act or instrument by any mortgagee
of or the holder of any lien upon such unit owner's condominium
unit except to the extent expressly required by this article. (b) In the event that any allocation of undivided interest in the
common elements, votes in the association, or liability for common
expenses stated in any deed or mortgage to or of any condominium
unit conflicts with the allocations thereof as set forth in the
declaration, the declaration shall control. (c) In the event of any inconsistency between this article and the
provisions of any declaration, this article shall control. Unless
otherwise provided in the condominium instruments, in the event of
any inconsistency between the declaration and the provisions of any
bylaws of the association, the declaration shall control. (d) The condominium instruments shall be construed together and
shall be deemed to incorporate one another to the extent that any
requirement of this article as to the content of one would be
satisfied if any other condominium instrument were incorporated
therein by reference. (e) If any provision, sentence, clause, phrase, or word of any
condominium instrument or the application thereof in any
circumstances is held invalid, the validity of the remainder of the
condominium instrument and of the application of any such provision,
sentence, clause, phrase, or word in other circumstances shall not
be affected thereby. |