2014 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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