448.2-108. Limited common elements.

Limited common elements.

448.2-108. 1. Except for the limited common elementsdescribed in subdivisions (2) and (4) of section 448.2-102, thedeclaration shall specify to which unit or units each limitedcommon element is allocated. That allocation may not be alteredwithout the consent of the unit owners whose units are affected.

2. Except as the declaration otherwise provides, a limitedcommon element may be reallocated by an amendment to thedeclaration executed by the unit owners between or among whoseunits the reallocation is made. The persons executing theamendment shall provide a copy thereof to the association, whichshall record such copy. The amendment shall be recorded in thenames of the parties and the condominium.

3. No common element not previously allocated as a limitedcommon element may be so allocated except pursuant to provisionsin the declaration made in accordance with subdivision (7) ofsection 448.2-105. The allocations shall be made by amendmentsto the declaration.

(L. 1983 H.B. 177)