2013 Kentucky Revised Statutes CHAPTER 381 - TITLE TO PROPERTY AND RESTRICTIONS ON USE, OWNERSHIP, AND ALIENATION 381.827 Requirements for subdividing units.
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381.827 Requirements for subdividing units.
(1)
(2)
(3)
The owner of a unit designed for office, industrial or business use may divide
his unit into two (2) or more smaller units. No interest in the unit shall be
conveyed until the master deed and floor plans have been modified as
provided in this section.
Prior to subdividing his unit, the owner shall prepare a set of floor plans which
shall show the changes being made in the unit involved. The plans shall bear
the verified statement of a registered architect or professional engineer that
they accurately portray the unit involved and the changes being made, and the
unit owner shall attach to the plans a verified statement which shall contain:
(a) The name by which the property is known;
(b) A reference to the book and page of the recorded master deed and floor
plans of the property and any amendments thereto in the office of the
county clerk of the county in which the land described in the master deed
is situated;
(c) The original unit number of each unit involved in the division, a
description or designation of the building in which the unit is located, and
the new unit number of each unit being formed;
(d) A statement of the location, approximate area, number of rooms and the
structural changes in the perimeter and interior walls, floors, ceilings,
windows and doors of the unit being formed and the immediate common
element or limited common element to which the unit has access, and any
other data necessary for the proper identification of the units being formed
by changes to the original unit;
(e) A description of the percentage of interest of the original unit in the
common elements, and a description of the new percentage or
percentages of interest in the common elements of the units being
formed. The percentage of interest in the common elements of the units
being formed shall be in proportion to the floor area of the original unit
and shall, when taken cumulatively, total the same percentage of interest
in the common elements as that of the original unit;
(f) Any further provisions that would serve to clarify the changes being
made.
The floor plans and verified statement shall be approved in writing by a
majority, unless otherwise provided by the master deed, of the council of
co-owners, and by any person holding a lien on such units, and shall be filed
for record with the county clerk in the county in which the land described in the
master deed is situated as provided in KRS 381.835. The floor plans and
verified statement shall be considered as an amendment to the original master
deed and floor plans for the sole purpose of dividing a unit and the
corresponding percentage of interest in the common elements.
History: Created 1974 Ky. Acts ch. 381, sec. 16.
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