N.D. Cent. Code § 47-04.1-06

Incidents of a condominium grant

No plain-English summary yet for this section. Read the statutory text below or open the official source.

Statutory text

Unless otherwise expressly provided for in the deeds, declaration of restrictions or plan, the incidents of a condominium grant are as follows: 1. The boundaries of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the units include both the portions of the building so described and the air-space so encompassed. The following except as provided above are not part of the unit: bearing walls, columns, floors, roofs, foundations, elevator equipment and shafts, central heating, central refrigeration and central air-conditioning equipment, reservoirs, tanks, pumps and other central services, pipes, ducts, flues, chutes, conduits, wires and other utility installations, whenever located, except the outlets thereof when located within the unit. In interpreting deeds and plans the existing physical boundaries of the unit or of a unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed or plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the plan or in the deed and those of the building. 2. The common areas are owned by the owners of the units as tenants in common in proportion to each unit's interest. 3. A nonexclusive easement for ingress, egress, and support through the common area is appurtenant to and inseparable from each unit and the common areas are subject to such easements. 4. Each condominium owner shall have the exclusive right to paint, repaint, tile, wax, paper, or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows, and doors bounding that owner's own unit. 5. Except as provided in section 47-04.1-09, the common areas shall remain undivided, and there shall be no judicial partition thereof.

Synced from the Florida Legislature’s official site. Verify the current version before citing.

Does your association comply?

Run your governing documents through the compliance scan. It checks them against the rules that apply in your state.

Run the compliance scan

Put this statute to work

Free tools for North Dakota boards and owners. No account needed.

Governing Document AnalyzerUpload your CC&Rs, declaration, or bylaws for an instant scan of clauses your state statute or federal law may have already overridden.

Free account

A free account adds bookmarks, PDF export, uploaded governing documents, and side-by-side search with Florida statutes.

Bookmark statute sections you cite in meetings
Upload CC&Rs and bylaws with the same section finder
Ask questions in the Common Area forum

Common Elements is the always-on industry expo for community associations: vendor hall, professional community, and structured procurement, open 24/7. It complements the management and accounting software you already use; it does not replace it.

Incidents of a condominium grant

Statutory text

Does your association comply?

Put this statute to work

Community discussion

Watch this statute

Your governing documents

Statutory text

Does your association comply?

Put this statute to work

Save your place and go deeper

Community discussion

Watch this statute

Your governing documents