WVC 36 A- 2 - 2
§36A-2-2. Common elements.
The percentage of undivided interest in the common elements
assigned to each unit shall be set forth in the declaration and
such percentage shall not be altered except by recording an
amended declaration duly executed by all of the unit owners
affected thereby. The undivided interest in the common elements
may not be separated from the unit to which such interest
pertains and shall be deemed to be conveyed, leased or encumbered
with the unit even though such interest is not expressly referred
to or described in the deed, lease, mortgage or other instrument.
The common elements shall remain undivided and no owner may
exempt himself from liability with respect to the common expenses
by waiver of the enjoyment of the right to use any of the common
elements or by the abandonment of his unit or otherwise, and no
action for partition or division of any part of the common
elements shall be permitted, except as provided in section two,
article eight of this chapter. Each unit owner or lessee thereof
may use the common elements in accordance with the purpose for
which they are intended. The maintenance and repair of the
common elements and the making of any additions or improvements
thereto shall be carried out only as provided in the code of
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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