(a) General rule.--If
a unit is acquired by eminent domain, or if part of a unit is acquired by
eminent domain leaving the unit owner with a remnant which may not practically
or lawfully be used for any purpose permitted by the declaration, the award
must compensate the unit owner for his unit and its common element interest,
whether or not any common element interest is acquired. Upon acquisition,
unless the decree otherwise provides, that unit's entire common element
interest, votes in the association and common expense liability are automatically
reallocated to the remaining units in proportion to the respective interests,
votes and liabilities of those units before the taking, and the association
shall promptly prepare, execute and record an amendment to the declaration
reflecting the reallocations. Any remnant of a unit remaining after part
of a unit is taken under this subsection is thereafter a common element.
(b) Acquisition
of part of a unit.--Except as provided in subsection (a), if part of a unit
is acquired by eminent domain the award must compensate the unit owner for
the reduction in value of the unit and its common element interest. Upon
acquisition:
(1) that unit's common
element interest, votes in the association and common expense liability
are reduced in proportion to the reduction in the size of the unit, or on
any other basis specified in the declaration; and
(2) the portion of
common element interest, votes and common expense liability divested from
the partially acquired unit are automatically reallocated to that unit and
the remaining units in proportion to the respective interests, votes and
liabilities of those units before the taking, with the partially acquired
unit participating in the reallocation on the basis of its reduced interest,
votes and liabilities.
(c) Acquisition
of part of common elements.--If part of the common elements is acquired
by eminent domain, the award must be paid to the association. The association
shall divide any portion of the award not used for any restoration or repair
of the remaining common elements among the unit owners in proportion to
their respective common element interests before the taking, but the portion
of the award attributable to the acquisition of a limited common element
must be equally divided among the owners of the units to which that limited
common element was allocated at the time of acquisition, or in any manner
the declaration provides.