(a) The common areas and facilities of a condominium property are owned by the unit owners as tenants in common, and the ownership shall remain undivided. No action for partition of any part of the common areas and facilities may be commenced, nor may any unit owner otherwise waive or release any rights in the common areas and facilities.
(b) The declaration shall set forth the interest in the common areas and facilities appurtenant to each .unit. For units in condominium properties other than expandable condominium properties, the interest shall be computed in the proportion that the fair market value of the unit bears to the aggregate fair market value of all units on the date the declaration is originally filed for record, or shall be based on the size or par value of the unit. Except as provided in subsection (c) hereof, the interest in the common areas and facilities appurtenant to units in expendable condominium properties may be computed in any proportion or on any basis that is the same for units submitted by the declaration as originally filed and those submitted later by the addition of additional property and that uniformly reallocates interests of units previously submitted when additional property is submitted. If a par value is assigned to any unit, then a par value shall be assigned to every unit. Substantially identical units shall be assigned the same par value, but units located at substantially different heights above the ground, or having substantially different views, amenities or other characteristics that might result in differences in fair market value may, but need not, be considered substantially identical. If par value is stated in terms of dollars, it shall reflect or relate to the sale price or fair market value of any unit, but no opinion, appraisal or market transaction at a different figure affects the par value of any unit.
(c) In the case of an expandable condominium property, the declaration shall not allocate interest in the common areas and facilities on the basis of par value unless it, as originally filed, does either of the following:
(1) Requires that all units created on any additional property added be substantially identical to the units created on the condominium property previously submitted; or
(2) Describes the types of units that may be created on any additional property and states the par value that shall be assigned to every unit that is created or proposed to be created.
(d) The percentage of interest in the common areas and facilities of each unit as expressed in the original declaration shall not be altered except by an amendment to the declaration unanimously approved by all unit owners affected. The undivided interest in the common areas and facilities shall not be separated from the unit to which it appertains and shall be deemed conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the deed, mortgage, lease or other instrument of conveyance or encumbrance.
(e) Each unit owner may use the common areas and facilities in accordance with the purposes for which they are intended. No unit owner may hinder or encroach upon the lawful rights of the other unit owners.
(f) All costs of administration, maintenance, repair and replacement of the common areas and facilities shall be common expenses.
(g) Except in his capacity as a unit owner of unsold condominium ownership interests, the developer or agent shall not retain a property interest in any of the common areas and facilities after control of the condominium development is assumed by the unit owners association pursuant to Section 1302.10, except that, in the case of a leasehold condominium development, he may retain the same interest in the common areas and facilities as he retains in the entire condominium development and except that in an expandable condominium property the developer retains an interest consistent with the declaration and is required to insure ingress and egress from and to the common areas and facilities by the prospective unit owners in the additional property.
(h) The developer shall assume the rights and obligations of a unit owner in his capacity as owner of condominium ownership interests not yet sold, including, without limitation, the obligation to pay common expenses attaching to such interests, from the date the declaration is filed.
(Ord. 5985-1981. Passed 6-8-81.)