Scope -- Designation of certain areas.

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  • (1) Unless otherwise provided in the declaration, this section applies to a unit if the declaration designates a wall, floor, or ceiling as a boundary of the unit.
  • (2)
    • (a) The following are part of a unit:
      • (i) lath;
      • (ii) furring;
      • (iii) wallboard;
      • (iv) plasterboard;
      • (v) plaster;
      • (vi) paneling;
      • (vii) tiles;
      • (viii) wallpaper;
      • (ix) paint;
      • (x) finished flooring; and
      • (xi) any other material constituting part of the finished surface of a wall, floor, or ceiling.
    • (b) Any portion of a wall, floor, or ceiling not listed in Subsection (2)(a) is part of the common areas and facilities.
  • (3) If a chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit:
    • (a) any portion of an item described in this Subsection (3) serving only that unit is part of the limited common areas and facilities; and
    • (b) any portion of an item described in this Subsection (3) is part of the common areas and facilities if the item serves:
      • (i) more than one unit; or
      • (ii) any portion of the common areas and facilities.
  • (4) Subject to Subsection (3), the following within the boundaries of a unit are part of the unit:
    • (a) spaces;
    • (b) interior partitions; and
    • (c) other fixtures and improvements.
  • (5) The following, if designated to serve a single unit but located outside the unit's boundaries, are limited common areas and facilities allocated exclusively to a unit:
    • (a) a shutter;
    • (b) an awning;
    • (c) a window box;
    • (d) a doorstep;
    • (e) a stoop;
    • (f) a porch;
    • (g) a balcony;
    • (h) a patio;
    • (i) an exterior door;
    • (j) an exterior window; and
    • (k) any other fixture.




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