3208 - Allocation of common element interests, votes and common expense liabilities.

     § 3208.  Allocation of common element interests, votes and                common expense liabilities.        (a)  General rule.--The declaration shall allocate a fraction     or percentage of undivided interests in the common elements and     in the common expenses of the association, and a portion of the     votes in the association, to each unit and state the formulas     used to establish those allocations. Such formulas may take into     account unusual attributes of identified units if the formulas     state how the deviation from the normal rule applies to such     units.        (b)  Flexible condominiums.--If units may be added to,     including by conversion of convertible real estate to one or     more units, or withdrawn from the condominium, the declaration     must state the formulas to be used to reallocate the fractions     or percentages of undivided interests in the common elements and     in the common expenses of the association and the portions of     the votes in the association among all units included in the     condominium after the addition or withdrawal.        (c)  Votes.--Each unit in the condominium shall be allocated     one or more votes in the condominium association. The     declaration shall specify how votes in the condominium shall be     allocated among the units and may provide:            (1)  for different allocations of votes among the units        on particular matters specified in the declaration; and            (2)  for class voting on specified issues affecting a        particular class of units if necessary to protect the valid        interests of the owners of such units and not affecting units        outside of the class.     Cumulative voting shall only be permitted if so provided     expressly in the declaration and only for the purpose of     electing members of the executive board. A declarant may not     utilize cumulative or class voting for the purpose of evading     any limitations imposed upon declarants by this subpart. The     declaration may provide that different allocations of votes     shall be made to the units on particular matters specified in     the declaration.        (d)  Alteration or partition of allocations.--Except in the     case of eminent domain (section 3107), expansion or conversion     of a flexible condominium (section 3211), withdrawal of     withdrawable real estate (section 3212), relocation of     boundaries between adjoining units (section 3214) or subdivision     of units (section 3215), the common element interest, votes and     common expense liability allocated to any unit may not be     altered without unanimous consent of all unit owners. The common     elements are not subject to partition and any purported     conveyance, encumbrance, judicial sale or other voluntary or     involuntary transfer of an undivided interest in the common     elements made without the unit to which it is allocated is void.        (e)  Calculations for undivided interests.--Except for minor     variations due to rounding, the sums of the undivided interests     in the common elements and common expense liabilities allocated     at any time to all the units shall each equal one if stated as     fractions or 100% if stated as percentages. In the event of     discrepancy between the common element interest, votes or common     expense liability allocated to a unit and the result derived     from application of the formulas, the allocated common element     interest, vote or common expense liability prevails.     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)        Cross References.  Section 3208 is referred to in sections     3103, 3205, 3311, 3314 of this title.