(a) General rule.--The
declaration shall allocate a fraction or percentage of the common expenses
of the association and a portion of the votes in the association to each
unit and state the formulas used to establish those allocations. Such formulas
may take into account unusual attributes of identified units if the formulas
state how the deviation from the normal rule applies to such units.
(b) Flexible planned
communities.--If units may be added, including by conversion of convertible
real estate to one or more units, to or withdrawn from the planned community,
the declaration shall state the formulas to be used to reallocate the fractions,
as percentages of the allocated share of the common expenses of the association
and the percentages of votes in the association, among all units included
in the planned community after the addition or withdrawal.
(c) Votes.--
(1) Each unit shall
be allocated one or more votes in the association. The declaration shall
specify how votes in the association shall be allocated among the units
and may provide:
(i) for different
allocations of votes among units on particular matters specified in the
declaration; and
(ii) for class voting
on specified issues affecting a particular class of units if necessary to
protect the valid interests of the owners of such units and not affecting
units outside of the class.
(2) Cumulative voting
shall only be permitted if so provided expressly in the declaration and
only for the purpose of electing members of the executive board. A declarant
may not utilize cumulative or class voting for the purpose of evading any
limitation imposed on declarants by this subpart. The declaration may provide
that different allocations of votes shall be made to the units in particular
matters specified in the declaration.
(d) Alteration or
partition of allocations.--Except as provided in section 5107 (relating
to eminent domain), 5211 (relating to conversion and expansion of flexible
planned communities), 5212 (relating to withdrawal of withdrawable real
estate), 5214 (relating to relocation of boundaries between units) or 5215
(relating to subdivision or conversion of units), the votes and common expense
liability allocated to any unit may not be changed without the consent of
all unit owners whose allocated votes and common expense liabilities are
changed. The common elements are not subject to partition, and any purported
conveyance, encumbrance, judicial sale or other voluntary or involuntary
transfer of an undivided interest in the common elements made without the
unit to which it is allocated is void.
(e) Calculations
for undivided interests.--Except for minor variations due to rounding, the
sum of the common expense liabilities allocated at any time to all the units
must equal one if stated as a fraction or 100% if stated as percentages.
If there is a discrepancy between the allocated common expense liability
and the result derived from application of the formulas, the allocated common
expense liability prevails.
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