Title 44, Chapter 3, Section 92
( 44-3-92)
(a) If the condominium instruments expressly permit the subdivision
of any units, the units may be subdivided in accordance with this
Code section and any restrictions and limitations which the
condominium instruments may specify. (b) If the unit owner of any unit which may be subdivided desires to
subdivide the unit, the association, upon written application of the
subdivider, as the unit owner shall henceforth be referred to in
this Code section, and the written consent of the mortgagees of the
unit, shall 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 assign identifying numbers
to the units created by the subdivision of a unit and shall allocate
among those units on a reasonable basis acceptable to the subdivider
and the board of directors all of the undivided interest in the
common elements, votes in the association, and liabilities for
common expenses pertaining to the subdivided unit immediately prior
to the subdivision. With regard to any limited common elements
assigned to the subdivided unit, the units created by the
subdivision shall jointly share all rights and shall be liable
equally for all obligations so that the total of the assessments
therefor equals the total of the common expenses attributable to
such limited common elements, except to the extent that the
subdivider may have specified in his written application that all or
any portion or portions of any limited common element assigned to
the subdivided unit should be assigned exclusively to one or more,
but less than all, of the units created by the subdivision, in which
case the amendment to the declaration shall reflect the desires of
the subdivider as expressed in the written application. (d) Any plats or plans necessary to show the boundaries separating
the units created by the subdivision, together with their other
boundaries, shall be prepared; and the units created by the
subdivision depicted thereon shall bear their identifying numbers.
The plats or plans shall indicate the dimensions of the units
created by the subdivision. 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 in accordance with subsections (a)
through (d) of this Code section have been prepared and executed by
the association, they shall be delivered immediately to the
subdivider upon payment by the subdivider of all reasonable costs
for the preparation, execution, and recordation thereof. The
instruments shall become effective when the subdivider and all
mortgagees of the unit have executed them and they have been
recorded. The recordation 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. (f) This Code section shall have no application to convertible spaces which shall be governed by Code Section 44-3-88. |