(1) (a) A unit owner shall have the exclusive ownership to his unit and shall have
a common right to a share, with other co-owners, in the common elements of the property,
equivalent to the percentage representing the floor area of the individual unit, with
relation to the floor area of the whole property. This percentage shall be computed by taking as a basis the floor area of the individual
unit in relation to the floor area of the property as a whole.
(b) Such percentage of common interest shall be expressed at the time the condominium
property regime is constituted, shall have a permanent character, and, except as may
be otherwise provided in KRS 381.810 to 381.910, shall not be altered without the acquiescence of the co-owners representing all
the units of the building(s). The master deed may, however, contain provisions relating to the appropriation, taking
or condemnation by eminent domain by the federal, state or local government, or an
instrumentality thereof, including, but not limited to, reapportionment or other change
of the common interest appurtenant to each unit, or part thereof remaining after a
partial appropriation, taking or condemnation. The master deed of a regime under construction may further provide that by later
amendment thereto and upon completion of all units, percentage of common interest
shall be redistributed on an as-built basis; provided, however, that the number of
units originally constituted in the regime may not be increased during construction.
(2) Each co-owner may use the general common elements in accordance with the purpose
for which they are intended, without hindering or encroaching upon the lawful rights
of the other co-owners.
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