Title 44, Chapter 3, Section 88
( 44-3-88)
(a) With the consent of the mortgagees thereof, the declarant may convert all or any portion of any convertible space into one or more units or common elements, including, without limitation, limited common elements, subject to any restrictions and limitations which the condominium instruments may specify. Any conversion shall be deemed to have occurred at the time of the recordation of appropriate instruments pursuant to subsection (b) of this Code section and subsection (d) of Code Section 44-3-83. (b) The declarant and all mortgagees of the convertible space shall
execute and the declarant shall record an amendment to the
declaration effecting the conversion. The amendment shall assign an
identifying number to each unit formed out of a convertible space
and shall allocate among the unit or units and the remaining
convertible space, if any, the undivided interest in the common
elements, the number of votes in the association, and the share of
the liability for future common expenses pertaining to the
convertible space immediately prior to the conversion. All sums
assessed against a convertible space prior to its conversion may be
reallocated by the amendment to the units and the remaining
convertible space, if any. In the event that no reallocation is
effected, however, the lien for the assessments shall continue as to
all of the space notwithstanding the conversion. The amendment shall
describe or delineate the limited common elements, if any, formed
out of the convertible space and shall indicate the unit or units to
which each is assigned or provide a method for such assignment. (c) Any convertible space not converted in accordance with this Code
section or any portion or portions thereof not so converted shall be
treated for all purposes as a single unit unless and until it is so
converted; and this article shall be deemed applicable to any space
or portion or portions thereof as though the same were a unit. |