Removing or altering partition or creating aperture between adjoining units.

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  • (1) Subject to the declaration, a unit owner may, after acquiring an adjoining unit that shares a common wall with the unit owner's unit:
    • (a) remove or alter a partition between the unit owner's unit and the acquired unit, even if the partition is entirely or partly common areas and facilities; or
    • (b) create an aperture to the adjoining unit or portion of a unit.
  • (2) A unit owner may not take an action under Subsection (1) if the action would:
    • (a) impair the structural integrity or mechanical systems of the building or either unit;
    • (b) reduce the support of any portion of the common areas and facilities or another unit; or
    • (c) constitute a violation of Section 10-9a-608 or 17-27a-608, as applicable, a local government land use ordinance, or a building code.
  • (3) The management committee may require a unit owner to submit, at the unit owner's expense, a registered professional engineer's or registered architect's opinion stating that a proposed change to the unit owner's unit will not:
    • (a) impair the structural integrity or mechanical systems of the building or either unit;
    • (b) reduce the support or integrity of common areas and facilities; or
    • (c) compromise structural components.
  • (4) The management committee may require a unit owner to pay all of the legal and other expenses of the association of unit owners related to a proposed alteration to the unit or building under this section.
  • (5) An action under Subsection (1) does not change an assessment or voting right attributable to the unit owner's unit or the acquired unit, unless the declaration provides otherwise.




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