Title 44, Chapter 3, Section 91
( 44-3-91)
(a) If the condominium instruments expressly permit the relocation
of boundaries between adjoining units, the boundaries between those
units may be relocated in accordance with this Code section and any
restrictions and limitations which the condominium instruments may
specify. (b) If the unit owners of adjoining units whose respective
boundaries may be relocated desire to relocate those boundaries, the
association shall, upon written application of the unit owners and
the written consent of the mortgagees of the units involved,
immediately prepare and execute appropriate instruments pursuant to
subsections (c) and (d) of this Code section. No vote of the unit
owners shall be necessary for the amendments provided in this Code
section to be executed by the association. (c) An amendment to the declaration shall identify the units
involved and shall state that the boundaries between those units are
being relocated by agreement of the unit owners thereof. The unit
owners of the units involved shall specify in their written
application that there shall be no such reallocation or shall
specify reallocations between the units involved of the aggregate
undivided interest in the common elements, votes in the association,
and liabilities for common expenses, or any one or more thereof,
pertaining to those units. The amendment to the declaration shall
reflect such reallocations or the absence thereof if deemed
reasonable by the board of directors. If the reallocations specified
by the unit owners of the units involved or the absence thereof is
deemed unreasonable by the board of directors, it shall so notify
such unit owners and permit them to amend their written application
so as to specify reallocations acceptable to the board of directors. (d) Any plats or plans necessary to show the altered boundaries
between the units involved, together with their other boundaries,
shall be prepared; and the units depicted thereon shall bear their
identifying numbers. The plats or plans shall indicate the new
dimensions of the units involved. The plats or plans shall be
certified as to their accuracy and compliance with this subsection
by a registered land surveyor in the case of any plat and by a
registered architect or registered engineer in the case of any plan. (e) When appropriate instruments have been prepared and executed by
the association in accordance with subsections (a) through (d) of
this Code section, they shall be delivered immediately to the unit
owners of the units involved upon payment by them of all reasonable
costs for the preparation, execution, and recordation thereof. The
instruments shall become effective when the unit owners of the units
involved and the mortgagees of the units have executed them and they
have been recorded. The recording of such instruments shall be
conclusive evidence that any reallocations made pursuant to
subsection (c) of this Code section were reasonable and were
approved by the board of directors. Upon recordation, the
instruments shall effectuate conveyancing by and between the unit
owners of the units involved regardless of whether the instruments
contain or provide for the use of conveyancing language. (f) Any relocation of boundaries between adjoining units shall be governed by this Code section and not by Code Section 44-3-92. Code Section 44-3-92 shall apply only to the subdivision of units which are intended to result in the creation of two or more new units in place of the subdivided unit. |