N.Y. Real Property Law § 339-i: Common elements

§ 339-i. Common elements. 1. Each unit shall have appurtenant thereto

a common interest as expressed in the declaration. Such interest shall

be (i) in the approximate proportion that the fair value of the unit at

the date of the declaration bears to the then aggregate fair value of

all the units or (ii) in the approximate proportion that the floor area

of the unit at the date of the declaration bears to the then aggregate

floor area of all the units, but such proportion shall reflect the

substantially exclusive advantages enjoyed by one or more but not all

units in a part or parts of the common elements or (iii) the interest of

each of the units shall be in equal percentages, one for each unit as of

the date of filing the declaration, or in equal percentages within

separate classifications of units as of the date of filing the

declaration, or (iv) upon floor space, subject to the location of such

space and the additional factors of relative value to other space in the

condominium, the uniqueness of the unit, the availability of common

elements for exclusive or shared use, and the overall dimensions of the

particular unit.

2. The common interest appurtenant to each unit as expressed in the

declaration shall have a permanent character and shall not be altered

without the consent of all unit owners affected, expressed in an amended

declaration. However, the declaration may contain provisions relating to

the appropriation, taking or condemnation by eminent domain by a

federal, state or local government, or instrumentality thereof,

including, but not limited to, reapportionment or other change of the

common interest appurtenant to each unit, or portion thereof, remaining

after a partial appropriation, taking or condemnation. The common

interest shall not be separated from the unit to which it appertains.

Nothing contained in this article shall prohibit the division of any

unit and common interest appurtenant thereto in a non-residential unit

in the manner permitted by the declaration and bylaws, including changes

in the number of rooms; in no case may such division result in a greater

percentage of common interest for the total of the new units than

existed for the original unit before division. Where authorized by the

declaration and bylaws, an appropriate amendment to the declaration may

be filed by the new unit owners under the same file number and under

procedure set forth in section three hundred thirty-nine-p hereof, and

the local tax authorities shall provide and certify upon the proposed

amendment a conforming tax lot number upon completion of the new units.

3. The common elements shall remain undivided and no right shall exist

to partition or divide any thereof, except as otherwise provided in this

article. Any provision to the contrary shall be null and void. Nothing

in this subdivision shall be deemed to prevent ownership of a unit by

the entireties, jointly or in common.

4. Each unit owner may use the common elements in accordance with the

purpose for which they are intended, without hindering the exercise of

or encroaching upon the rights of the other unit owners, but this

subsection shall not be deemed to prevent some unit or units from

enjoying substantially exclusive advantages in a part or parts of the

common elements as expressed in the declaration or by-laws.

5. The unit owners shall have the irrevocable right, to be exercised

by the board of managers, to have access to each unit from time to time

during reasonable hours to the extent necessary for the operation of the

property, or for making emergency repairs therein necessary to prevent

damage to the common elements or to another unit or units, and the

by-laws may contain reasonable rules and regulations for the

administration of this provision as the privacy of the units and the

protection of them and their contents from burglary, theft or larceny

requires.