(1) Each apartment owner shalI be entitled to the percentage of undivided interest in the common areas and facilities as expressed in the Declaration. Such percentage shall be computed by taking as basic, the value of the apartment in relation to the value of the property, and such percentage shall also reflect the limited common areas and facilities.
(2) The percentage of undivided interest of each apartment owner in the common areas and facilities as expressed in the Declaration shall not be altered without the consent of all the apartment owners expressed in an amended Declaration duly executed and registered as provided in this Act. The percentage of undivided interests in the common areas and facilities shall not be separated from the apartment to which it appertains, and shall be deemed to be conveyed or encumbered with the apartment An apartment to be transferable and heritable property.
Common areas and facilities.
[Act No.29 of 1987] 9 even though such interest is not expressly mentioned in the conveyance or either instrument.
(3) Each apartment owner may use the common areas and facilities for the purpose for which they are intended without hindering or encroaching upon the lawful rights of the other apartments owners.
(4) The work relating to the maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvements thereto shall be carried out in accordance with the provisions of this chapter and bye-laws.
(5) The association of apartment owners shall have an irrevocable right, to be exercised by the manager or the board of managers on behalf of the association, with such assistance as the manager or the board of managers, as the case may be consider necessary, to have access to any apartment from time to time during reasonable hours, for the maintenance, repair and replacement of any of the common areas and facilities therein or accessible therefrom or for making emergency repairs therein to prevent any damage to the common areas and facilities or to other apartments.
10. Each apartment owner shall comply with the covenants, conditions and restrictions set forth in the Declaration and the bye-laws. Failure to comply with any of the same shall be a ground for action to recover sums due, for damages or other relief, at the instance of the Manager or board of mangers on behalf of the association of apartment owners or in a proper case, by an aggrieved apartment owner.
11. No apartment owner shall add any material structure or excavate any additional basement or cellar or do any other work which would be prejudicial to the soundness or safety Compliance with bye-laws and Covenants.
Certain works prohibited.
10 [Act No. 29 of 1987] of the property or would reduce the value thereof or impair any easement or hereditament.
12. During the period the property remains subject to this chapter an encumbrance may be created against any apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto but not against the property as such.
13. The common profits of the property shall be distributed among and the common expenses shall be charged to, the apartment owners according to their percentage of undivided interest in the common areas and facilities.