381.830 Ownership of unit -- Use of general common elements.

273 words·~1 min read·/ky/chapter-381/381-830

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.

(2)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.