Page:United States Statutes at Large Volume 77.djvu/484

 452

PUBLIC LAW 88-218- DEC. 21, 1963

[77 STAT.

(d) The said basic value of said undivided common interest shall be fixed for the purposes of this Act and shall not fix the market value of the individual condominium units and undivided share interests and shall not prevent each co-owner from fixing a different circumstantial value to his condominium unit and undivided share interest in the common elements, in all types of acts and contracts. (e) In addition to the foregoing provisions, the declaration may contain other provisions and attachments relating to the condominium and to the units which are not inconsistent with this Act. (f) Voting at all meetings of the co-owners shall be on a percentage basis, and the percentage of the vote to which each co-owner is entitled shall be the individual percentage assigned to his unit in the declaration. (g) Individual condominium unit deeds may make reference to this Act, the condominium subdivision and land subdivision plats referred to in section 10 hereof, the declaration provided for in this section, the bylaws of the council of co-owners, and the deeds may include any further details which the grantor and grantee may deem desirable to set forth consistent with the declaration and this Act. SEC. 7. INDIVISIBILITY OF COMMON ELEMENTS; LIMITATION U P O N

Poat. p. 618, D.c. Code 161301-, 21- 213.

PARTITION.—(a) The common elements, both general and limited, shall remain undivided. No unit owner, or any other person, shall bring any action for partition or division of the co-ownership permitted under section 93 and related provisions of the Act of March 3, 1901 (31 Stat. 1203), as amended by the Act of June 30, 1902 (32 Stat. 523, ch. 1329), against any other owner or owners of any interest or interests in the same horizontal property regime so as to terminate the regime. (b) Nothing contained in this section shall be construed as a limitation on partition by the owners of one or more units in a regime as to the individual ownership of such unit or units without terminating the regime or as to the ownership of property outside the regime: Provided, That upon partition of any such individual unit the same shall be sold as an entity and shall not be partitioned in kind. SEC. 8. U S E OF ELEMENTS HELD I N COMMON, E I G H T To EEPAER COMMON ELEMENTS.—(a) Each co-owner may use the elements held

D.c. Code 1620

in common in accordance with the purposes for which they are intended, without hindering or encroaching upon the lawful rights of the other co-owners. (b) The manager, board of directors or of administration, as the case may be, shall have an irrevocable right and an easement to enter units to make repairs to common elements or when repairs reasonably appear to be necessary for public safety or to prevent damage to property other than the unit. SEC. 9. CONDOMINIUM SUBDIVISION.—(a) Whenever the owner or the co-owners of any square or lot duly subdivided in conformity with section 1581 of the Act of March 3, 1901 (31 Stat. 1425), or other applicable laws of the District of Columbia, shall deem it necessary to subdivide the same into a condominium project of convenient condominium units for sale and occupancy and means of access for their accommodation, he may cause a plat or plats to be made by the surveyor of the District of Columbia, on which said plats, together, shall be expressed— (1) the ground dimensions as set forth under such section 1581 and the exterior lengths of all lines of the building; (2) for each floor of the condominium subdivision, the number or letter, dimensions, and l e n ^ h s of finished interior surfaces of unit dividing walls of the individual condominium units; the

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