381.9139 Limited common elements.
163 words·~1 min read·
/ky/chapter-381/381-9139A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Except for the limited common elements described in KRS 381.9127(2), (4), and
(6), the declaration shall specify to which unit or units each limited common
element is allocated. That allocation shall not be altered without the consent of the
unit owners whose units are affected.
(2)Except as the declaration otherwise provides, a limited common element may be
reallocated by an amendment to the declaration executed by the unit owners
between or among whose units the reallocation is made. The persons executing the
amendment shall provide a copy thereof to the association, which shall record it
after receiving all fees and other costs associated with recording the instrument. The
amendment shall be recorded in the names of the parties and the condominium.
(3)A common element not previously allocated as a limited common element shall not
be so allocated, except pursuant to provisions in the declaration made in accordance
with KRS 381.9133(1)(g). The allocations shall be made by amendments to the
declaration.