(A) Except as otherwise provided in the declaration, the boundaries between adjoining units and appurtenant limited common elements may be relocated and the undivided interests in the common elements appurtenant to those units may be reallocated by an amendment to the declaration pursuant to the following procedures:
(a) The owners of the adjoining units shall submit to the board of directors of the unit owners association a written application for the relocation and reallocation. The application shall be accompanied by the written consents of the holders of all liens on those units, except liens for real estate taxes and assessments not due and payable.
(b) In the application, the owners of the adjoining units may request a specific reallocation of their undivided interests in the common elements allocated to the adjoining units.
(2) Unless the board of directors finds any requested reallocation of the undivided interests in the common elements to be unreasonable, within thirty days after the board receives the application, the association shall prepare, at the expense of the owners of the adjoining units, an amendment to the declaration that is executed by the owners of the affected units and that includes all of the following:
(a) Identification of the affected units;
(b) Words of conveyance between the owners of the units;
(c) A specification of the undivided interests in the common elements, the proportionate shares of common surplus and common expenses, and the voting powers of each unit resulting from the relocation and reallocation, the total of which shall equal the interests, shares, and powers of the former adjoining units.
(3) At the expense of the owners of the affected units, the association shall record the amendment to the declaration together with both of the following:
(a) Any drawing, plat, or plans necessary to show the altered boundaries of the affected units;
(b) The dimensions and identifying number of each unit that results from the relocation and reallocation.
(B) Existing liens automatically shall attach to each unit that results from the relocation and reallocation.
Cite as R.C. § 5311.031
History. Effective Date: 07-20-2004