Maine Code § 33-565

Common elements
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1. Percentage of ownership. Each unit owner shall be entitled to an undivided interest in the
common areas and facilities in the percentage expressed in the declaration. Such percentage shall be
computed by taking as a basis the fair value of the unit at the date of the declaration in relation to the
fair value of all the units having an interest in the common areas and facilities.
[PL 1965, c. 357 (NEW).]
2. Permanent character. The percentage of the undivided interest of each unit owner in the
common areas and facilities as expressed in the declaration shall have a permanent character and shall
not be altered without the consent of all of the unit owners expressed in an amended declaration duly
recorded. The percentage of the undivided interest in the common areas and facilities shall not be
separated from the unit to which it appertains and shall be deemed to be conveyed or encumbered with
the unit even though such interest is not expressly mentioned or described in the conveyance or other
instrument.
[PL 1965, c. 357 (NEW).]
3. Undivided. The common areas and facilities shall remain undivided and no unit owner or any
other person shall bring any action for partition or division of any part thereof, unless the property has
been removed from the provisions of this chapter. Any covenant to the contrary shall be null and void.
[PL 1965, c. 357 (NEW).]
4. Use. Each unit owner may use the common areas and facilities in accordance with the purpose
for which they were intended without hindering or encroaching upon the lawful rights of the other unit
owners.
[PL 1965, c. 357 (NEW).]
5. Repairs. The necessary work of maintenance, repair and replacement of the common areas and
facilities and the making of any additions or improvements thereto shall be carried out only as provided
and in the declaration and in the bylaws.
[PL 1965, c. 357 (NEW).]
6. Access for repair. The association of unit owners shall have the irrevocable right, to be
exercised by the manager or board of directors, to have access to each unit from time to time during
reasonable hours as may be necessary for the maintenance, repair or replacement of any of the common

areas and facilities therein or accessible therefrom, or for making emergency repairs therein necessary
to prevent damage to the common areas and facilities or to another unit or units.
[PL 1965, c. 357 (NEW).]

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