KRS 381.9137: Allocation of common element interests, votes, and common expense

liabilities.

(1) 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. Those allocations shall not discriminate in favor of units owned

by the declarant.

(2) If units may be added to or withdrawn from the condominium, the d eclaration shall

state the formulas to be used to reallocate the allocated interests among all units

included in the condominium after the addition or withdrawal.

(3) The declaration may provide:

(a) That different allocations of votes shall be made to the units on particular

matters specified in the declaration; and

(b) For class voting on specified issues affecting the class if necessary to protect

valid interests of the class. A declarant shall not utilize cumulative or class

voting for the purpose of ev ading any limitation imposed on declarants by

KRS 381.9101 to 381.9207, and units shall not constitute a class because they

are owned by a declarant.

(4) The declaration shall not permit cumulative voting, including cumulative voting for

the purpose of electing members of the executive board.

(5) Unless otherwise stated in the declaration, the declarant retains full voting rights to

any unit until it conveyed.

(6) Except for minor variations due to rounding, the sum of the undivided interests in

the common elements and common expense liabilities allocated at any time to all

the units shall each equal one (1), if stated as fractions, or one hundred percent

(100%), if stated as percentages. In the event of a discrepancy between an allocated

interest and the re sult derived from application of the pertinent formula, the

allocated interest prevails in the absence of error in specifying the allocated interest.

(7) 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 that

interest is allocated, shall be void.