Maine Revised Statutes Title 33 Sec. 565 – Common elements
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1. Percentage of ownership. Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the declaration. Such percentage shall be computed by taking as a basis the fair value of the unit at the date of the declaration in relation to the fair value of all the units having an interest in the common areas and facilities.
[PL 1965, c. 357 (NEW).]
Terms Used In Maine Revised Statutes Title 33 Sec. 565
- Association of unit owners: means all of the unit owners acting as a group in accordance with the bylaws and declaration. See Maine Revised Statutes Title 33 Sec. 561
- Declaration: means the instrument by which the property is recorded, in the manner provided for the recording of deeds. See Maine Revised Statutes Title 33 Sec. 561
- Person: means individual, corporation, partnership, association, trustee or other legal entity. See Maine Revised Statutes Title 33 Sec. 561
- Property: means and includes the land, the building, all improvements and structures thereon, all owned in fee simple absolute, or leased as provided in section 579 and all easements, rights and appurtenances belonging thereto, which have been or are intended to be submitted to the provisions of this chapter. See Maine Revised Statutes Title 33 Sec. 561
- Unit: means a part of the property including one or more rooms or enclosed spaces located on one or more floors or a part or parts thereof in a building, intended for any type of independent use, and with a direct exit to a public street or highway or to a common area leading to such street or highway. See Maine Revised Statutes Title 33 Sec. 561
- Unit owner: means the person or persons owning a unit in fee simple absolute, or leasing a unit as provided, and an undivided interest in the fee simple, or leased estate, of the common areas and facilities in the percentage specified and established in the declaration. See Maine Revised Statutes Title 33 Sec. 561
2. Permanent character. The percentage of the undivided interest of each unit owner in the common areas and facilities as expressed in the declaration shall have a permanent character and shall not be altered without the consent of all of the unit owners expressed in an amended declaration duly recorded. The percentage of the undivided interest in the common areas and facilities shall not be separated from the unit to which it appertains and shall be deemed to be conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument.
[PL 1965, c. 357 (NEW).]
3. Undivided. The common areas and facilities shall remain undivided and no unit owner or any other person shall bring any action for partition or division of any part thereof, unless the property has been removed from the provisions of this chapter. Any covenant to the contrary shall be null and void.
[PL 1965, c. 357 (NEW).]
4. Use. Each unit owner may use the common areas and facilities in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights of the other unit owners.
[PL 1965, c. 357 (NEW).]
5. Repairs. The necessary work of maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvements thereto shall be carried out only as provided and in the declaration and in the bylaws.
[PL 1965, c. 357 (NEW).]
6. Access for repair. The association of unit owners shall have the irrevocable right, to be exercised by the manager or board of directors, to have access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the common areas and facilities therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to another unit or units.
[PL 1965, c. 357 (NEW).]
SECTION HISTORY
PL 1965, c. 357 (NEW).