Vermont § 1306 - Common areas and facilities

§ 1306. Common areas and facilities

• (a) Each apartment or site owner shall be entitled to an undivided interest in the common
  areas and facilities in the percentage expressed in the declaration. That percentage
  shall be computed by taking as a basis the value of the apartment or site in relation
  to the value of the property. (b) The percentage of the undivided interest of each apartment or site owner in the common
  areas and facilities as expressed in the declaration shall have a permanent character
  and shall not be altered without the consent of all of the apartment or site owners
  expressed in an amended declaration duly recorded. The percentage of the undivided
  interest in the common areas and facilities shall not be separated from the apartment
  or site to which it appertains and shall run with the interest conveyed or encumbered
  even though not expressly mentioned or described. (c) Common areas and facilities shall remain undivided. No apartment or site owner or
  any other person may bring any action for partition or division of any part thereof,
  unless the property has been removed from the provisions of this chapter as provided
  in sections 1316 and 1326 of this title. Any covenant to the contrary shall be null and void. (d) Each apartment or site owner may use his or her respective common areas and facilities
  in accordance with the purpose for which they were intended without hindering or encroaching
  upon the lawful rights of the other apartment or site owners. (e) The necessary work of maintenance, repair, and replacement of the common areas and
  facilities and the making of any additions or improvements thereto shall be carried
  out only as provided in this section and in the bylaws. (f) The association of owners shall have the irrevocable right, to be exercised by the
  manager or board of directors, to have access to each apartment or site from time
  to time during reasonable hours as may be necessary for the maintenance, repair, or
  replacement of any of the common areas and facilities therein or accessible therefrom,
  or for making emergency repairs therein necessary to prevent damage to the common
  areas and facilities or to another apartment or apartments or sites. (Added 1967, No. 228 (Adj. Sess.), § 6, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 2023, No. 6, § 359, eff. July 1, 2023.)