58-3106. Common areas and facilities.
58-3106
58-3106. Common areas and facilities.(a) Each apartment owner shall be entitled to an undivided interest inthe common areas and facilities as expressed in the declaration. Thedeclaration may allocate to each apartment or condominium unit an undividedinterest in the common areas and facilities proportionate to either thesize or par value of each apartment or condominium unit. The undividedinterests in the common areas and facilities shall add up to one (1) ifstated as fractions or one hundred percent (100%) if stated as percentages.The undivided interest allocated to each apartment or condominium unitshall be reflected by the declaration or by an exhibit or scheduleaccompanying the declaration and recorded simultaneously therewith.
(b) Except as otherwise provided in this act, the undivided interest ofeach apartment owner in the common areas and facilities as expressed in thedeclaration shall have a permanent character and shall not be alteredwithout the consent of all of the apartment owners expressed in an amendeddeclaration duly recorded. The undivided interest in the common areas andfacilities shall not be separated from the apartment to which it appertainsand shall be deemed to be conveyed or encumbered with the apartment eventhough such interest is not expressly mentioned or described in theconveyance or other instrument.
(c) The common areas and facilities shall remain undivided and noapartment owner or any other person shall bring any action for partition ordivision of any part thereof, unless the property has been removed from theprovisions of this act as provided in K.S.A. 58-3116 and 58-3126. Anycovenant to the contrary shall be null and void.
(d) Each apartment owner may use the common areas and facilities inaccordance with the purpose for which they were intended without hinderingor encroaching upon the lawful rights of the other apartment owners.
(e) The necessary work of maintenance, repair and replacement of thecommon areas and facilities and the making of any additions or improvementsthereto shall be carried out only as provided herein and in the bylaws.
(f) The association of apartment owners shall have the irrevocableright, to be exercised by the manager or board of directors, to have accessto each apartment from time to time during reasonable hours as may benecessary for the maintenance, repair or replacement of any of the commonareas and facilities therein or accessible therefrom, or for makingemergency repairs therein necessary to prevent damage to the common areasand facilities or to another apartment or apartments.
(g) If a condominium contains any convertible land or is an expandablecondominium, the undivided interests in the common areas and facilities maybe reallocated and altered without the consent of all apartment owners asset forth in the declaration and in this act.
(h) Until an amendment to the declaration is executed and recorded bythe declarant and the board of directors of the association of apartmentowners, as provided by this act, interests in the common areas andfacilities shall not be allocated to any condominium unit proposed forconstruction to be created within any convertible land or on any additionalland if the condominium is an expandable condominium.
(i) To reallocate and alter interests in the common areas and facilitiesafter units are constructed upon convertible or additional land, thedeclarant and the board of directors of the association of apartment ownersshall execute and record an amendment to the declaration which shallreallocate and alter undivided interests in the common areas and facilitiesamong all owners on an equitable formula set forth in said declaration sothat the condominium units constructed upon convertible or additional landshall be allocated undivided interests in the common areas and facilitieson the same basis and formula as the units depicted on the floor plansrecorded simultaneously with the original declaration. Such reallocationand alteration by the declarant and the board of directors shall notrequire the consent of all the owners of units.
History: L. 1963, ch. 329, § 6; L. 1975, ch. 297, §2; July 1.