| The right of owners to subdivide or combine their units may
be prohibited or restricted in the association's governing documents.
If they are not so restricted, then the owners may subdivide or
combine units at the owner's expense (including re-locating common
elements affected by such combination or subdivision and creating
limited common elements in favor of the owners of the combined
unit) with the approval of the board of managers. The owners must
apply in writing with details of a declaration amendment showing
the new units boundaries and percentage interests. It also may
specify a change in the limited common elements. If the board approves
it, the amendment must be recorded and it must be approved by the
unit owners involved. It is recommended that an attorney draft,
or at least review, the proposed amendment to the declaration.
The board has the duty to approve such an amendment even
if it changes the limited common elements, where the exclusive
right to use property as a limited common element does not
impair the necessary or practical use by the owners of other
units and where the owners of the combined unit are responsible
for any and all costs associated with the renovation work.
The board has the power to reverse the grant of limited common
element if and when the unit is sub-divided again. |
