(a) Each unit of a condominium or conversion condominium property, together with the undivided interest in the common areas and facilities appurtenant to it, is real property for all purposes and is real estate within the meaning of all provisions of the Codified Ordinances of the City.
(b) Each unit owner is entitled to the exclusive ownership and possession of his unit and to ownership of an undivided interest in the common areas and facilities in the percentage that is expressed in the declaration.
(c) Each unit shall have a direct exit to a public street or highway or to a common area and facility leading to a public street or highway, except that units in an expandable condominium property may have a direct exit to a permanent easement leading to a public street or highway across additional property identified in the declaration.
(d) The boundaries of a unit are the interior surfaces of its perimeter walls, floors and ceilings. Windows and doors in the perimeter walls, floors or ceilings of a unit are part of the unit. Supporting walls, fixtures, and other parts of the building that are within the boundaries of a unit, but which are necessary for the existence, support, maintenance, safety or comfort of any other part of the condominium property are not part of the unit.
(e) Each unit in every future condominium development which as of the effective date of this section has not been constructed, shall have installed, prior to its sale, a water meter to record the usage therein. Every building of each condominium conversion development shall have installed, prior to the filing of the public offering statement pursuant to Section 1302.06, a water meter to accurately record the usage therein.
(f) All common areas and facilities in every future condominium development, which as of the effective date of this section has not been constructed, shall have installed sufficient water meters, as required by the Building Commissioner, which shall accurately record the usage attributable thereto.
(g) Subsequent to the effective date of this section, no rental property which has not been constructed shall be permitted to be converted to a condominium development which does not comply with subsections (e) and (f) hereof.
(h) Ownership of a unit includes the right to exclusive possession, use and enjoyment of the interior surfaces of all its perimeter walls, floors and ceilings and of all supporting walls, fixtures and other parts of the building within its boundaries, including the right to paint, tile, wax, paper or otherwise finish, refinish or decorate the unit as the owner sees fit.
(i) Each unit shall be subject to the right of access for the purpose of maintenance, repair or service of any common area and facility located within its boundaries or of any portion of the unit itself by persons authorized by the board of managers of the unit owners association. No maintenance, repair or service of any portion of a unit shall be authorized, however, unless it is necessary in the opinion of the board of managers for public safety or in order to prevent damage to or destruction of any other part of the condominium property.
(j) To the extent provided in a declaration and subject to conditions it imposes, a unit in a condominium property other than a condominium development may be divided into two or more units, or all or part of a unit may be combined with all or part of one or more other units. Such a division or combination shall require an amendment to the declaration accompanied by drawings showing all particulars of the division or combination, as provided in Section 1302.09. The amendment shall specify the percentage interest in the common areas and facilities, the proportionate share of common surplus and common expenses, and the voting power of the unit or units resulting from the division or combination, the total of which, in each case, shall equal the interest, share and power of the former unit or units divided or combined.
(k) The right of access provided for in subsection (i) hereof shall be at such reasonable time as may be agreed upon between the owner and the association unless circumstances dictate otherwise.
(Ord. 5985-1981. Passed 6-8-81.)