5208 - Allocation of votes and common expense liabilities.

     § 5208.  Allocation of votes and common expense liabilities.        (a)  General rule.--The declaration shall allocate a fraction     or percentage of 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 planned communities.--If units may be added,     including by conversion of convertible real estate to one or     more units, to or withdrawn from the planned community, the     declaration shall state the formulas to be used to reallocate     the fractions, as percentages of the allocated share of the     common expenses of the association and the percentages of votes     in the association, among all units included in the planned     community after the addition or withdrawal.        (c)  Votes.--            (1)  Each unit shall be allocated one or more votes in        the association. The declaration shall specify how votes in        the association shall be allocated among the units and may        provide:                (i)  for different allocations of votes among units            on particular matters specified in the declaration; and                (ii)  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.            (2)  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 limitation imposed on declarants by        this subpart. The declaration may provide that different        allocations of votes shall be made to the units in particular        matters specified in the declaration.        (d)  Alteration or partition of allocations.--Except as     provided in section 5107 (relating to eminent domain), 5211     (relating to conversion and expansion of flexible planned     communities), 5212 (relating to withdrawal of withdrawable real     estate), 5214 (relating to relocation of boundaries between     units) or 5215 (relating to subdivision or conversion of units),     the votes and common expense liability allocated to any unit may     not be changed without the consent of all unit owners whose     allocated votes and common expense liabilities are changed. 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 sum of the common expense     liabilities allocated at any time to all the units must equal     one if stated as a fraction or 100% if stated as percentages. If     there is a discrepancy between the allocated common expense     liability and the result derived from application of the     formulas, the allocated common expense liability prevails.        Cross References.  Section 5208 is referred to in sections     5103, 5107, 5205, 5311 of this title.