2012 Kentucky Revised Statutes CHAPTER 381 TITLE TO PROPERTY AND RESTRICTIONS ON USE, OWNERSHIP, AND ALIENATION 381.830 Ownership of unit -- Use of general common elements.
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381.830 Ownership of unit -- Use of general common elements.
(1)
(2)
(a)
A unit owner shall have the exclusive ownership to his unit and shall have a
common right to a share, with other co-owners, in the common elements of
the property, equivalent to the percentage representing the floor area of the
individual unit, with relation to the floor area of the whole property. This
percentage shall be computed by taking as a basis the floor area of the
individual unit in relation to the floor area of the property as a whole.
(b) Such percentage of common interest shall be expressed at the time the
condominium property regime is constituted, shall have a permanent
character, and, except as may be otherwise provided in KRS 381.810 to
381.910, shall not be altered without the acquiescence of the co-owners
representing all the units of the building(s). The master deed may, however,
contain provisions relating to the appropriation, taking or condemnation by
eminent domain by the federal, state or local government, or an
instrumentality thereof, including, but not limited to, reapportionment or other
change of the common interest appurtenant to each unit, or part thereof
remaining after a partial appropriation, taking or condemnation. The master
deed of a regime under construction may further provide that by later
amendment thereto and upon completion of all units, percentage of common
interest shall be redistributed on an as-built basis; provided, however, that the
number of units originally constituted in the regime may not be increased
during construction.
Each co-owner may use the general common elements in accordance with the
purpose for which they are intended, without hindering or encroaching upon the
lawful rights of the other co-owners.
History: Amended 1974 Ky. Acts ch. 381, sec. 5. -- Amended 1966 Ky. Acts ch. 245,
sec. 1. -- Created 1962 Ky. Acts ch. 205, sec. 6.
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