§514B-38 Common elements. Each unit owner may use the common elements in accordance with the purposes permitted under the declaration, subject to:
(1) The rights of other unit owners to use the common elements;
(2) Any owner's exclusive right to use of the limited common elements as provided in the declaration;
(3) The right of the owners to amend the declaration to change the permitted uses of the common elements; provided that subject to [section] 514B-140(c):
(A) Changing common element open spaces or landscaped spaces to other uses shall not require an amendment to the declaration; and
(B) Minor additions to or alterations of the common elements for the benefit of individual units are permitted if the additions or alterations can be accomplished without substantial impact on the interests of other owners in the common elements, as reasonably determined by the board;
(4) Any rights reserved in the declaration to amend the declaration to change the permitted uses of the common elements;
(5) The right of the board, on behalf of the association, to lease or otherwise use for the benefit of the association those common elements that the board determines are not actually used by any of the unit owners for a purpose permitted in the declaration. Unless the lease is approved by the owners of at least sixty-seven per cent of the common interest, the lease shall have a term of no more than five years and may be terminated by the board or the lessee on no more than sixty days prior written notice; provided that the requirements of this paragraph shall not apply to any leases, licenses, or other agreements entered into for the purposes authorized by section 514B-140(d); and
(6) The right of the board, on behalf of the association, to lease or otherwise use for the benefit of the association those common elements that the board determines are actually used by one or more unit owners for a purpose permitted in the declaration. The lease or use shall be approved by the owners of at least sixty-seven per cent of the common interest, including all directly affected unit owners that the board reasonably determines actually use the common elements, and the owners' mortgagees; provided that the requirements of this paragraph shall not apply to any leases, licenses, or other agreements entered into for the purposes authorized by section 514B-140(d). [L 2005, c 93, pt of §2; am L 2006, c 273, §10]