Title 44, Chapter 3, Section 82
( 44-3-82)
(a) All assignments and reassignments of limited common elements
shall be made or provided for in the condominium instruments. No
limited common element shall be assigned or reassigned except in
accordance with this article. No amendment to any condominium
instrument shall alter any rights or obligations with respect to any
limited common element without the consent of all unit owners whose
use of the limited common element is or may be directly affected by
the assignment or reassignment, as evidenced by their execution of
the amendment, except to the extent that the condominium instruments
expressly provided otherwise prior to or simultaneously with the
first assignment of the limited common element. (b) Unless expressly prohibited by the condominium instruments, a
limited common element may be reassigned upon written application to
the association by the owners of units to which the limited common
element appertains and the owners of units to which the limited
common element is being reassigned. The association shall
immediately prepare and execute an amendment to the declaration
reassigning all rights and obligations with respect to the limited
common element involved. Such amendment shall be delivered
immediately to the owners of the units to which the limited common
element appertains and the owners of units to which the limited
common element is being reassigned and upon payment by them of all
reasonable costs for the preparation, execution, and recordation
thereof. The amendment shall become effective when the association
and the owners of the units to which the limited common element
appertains and the owners of units to which the limited common
element is being reassigned have executed and recorded the same. No
vote of the unit owners shall be necessary for the amendment
provided in this Code section to be executed by the association. (c) A common element not previously assigned as a limited common
element shall be so assigned only pursuant to the declaration. The
amendment to the declaration making such an assignment shall be
prepared and executed by the association. The amendment shall be
delivered to the unit owner or owners to whose unit the assignment
is being made upon payment by them of all reasonable costs for the
preparation, execution, and recordation thereof. The amendment
shall become effective after execution by the association and such
unit owner or owners and recordation, and the recordation thereof
shall be conclusive evidence that the method prescribed pursuant to
the declaration was adhered to. Unless otherwise required by the
condominium instruments, no vote of the unit owners shall be
necessary for the amendment provided in this Code section to be
executed by the association. |