|47-7A-3(D). "common elements" means all portions of a condominium other than the
47-7A-3(P). "limited common element" means a portion of the common elements
allocated by the declaration or by operation of Subsections B and D of Section 14
[47-7B-2 NMSA 1978] of the Condominium Act for the exclusive use of one or more
but fewer than all of the units;
(B). if any chute, flue, duct, wire, conduit, bearing wall, bearing column or any other
fixture lies partially within and partially outside the designated boundaries of a unit, any
portion thereof serving only that unit is a limited common element allocated solely to that
unit, and any portion thereof serving more than one unit or any portion of the common
elements is a part of the common elements;
(D). any shutters, awnings, window boxes, doorsteps or stoops and all exterior doors
and windows or other fixtures designed to serve a single unit, but located outside the
unit's boundaries, are limited common elements allocated exclusively to that unit;
|47-7C-7. Upkeep of condominium.
and each unit owner is responsible for maintenance, repair and replacement of his unit.
Each unit owner shall afford to the association and the other unit owners, and to their
agents or employees, access through his unit reasonably necessary for those purposes. If
damage is inflicted on the common elements or on any unit through which access is
taken, the unit owner responsible for the damage, or the association if it is responsible, is
liable for the prompt repair thereof.
|The Condominium Declaration for Manhattan Condominium filed March 12, 1984, states:
Section 2.4. “Maintenance Responsibilities.
The Revised and Restated Bylaws of 1999, state:
Article V, Section 5. Maintenance, Repair, Replacement, and Other Common Expenses.
a. By the Board of Directors.
provided, however, that Unit Owner shall perform all repair, replacement, and
maintenance on the Limited Common Elements appurtenant to this Unit and any portion
of the remaining Common Elements which the Board of Directors pursuant to the rules
and Regulations has given him permission to utilize, including, without limitation, the
items enumerated in subsection b. hereof.
The Declaration does not specifically define Limited Common Elements, but rather states:
Section 1.2. Defined Terms. Terms not otherwise defined herein or in the plats, plans, or
Bylaws shall have the meanings specified in Section 2 of the Condominium Act.
Governing parts of the
Condominium Act are clearly
shown in the Amended
Third Party Complaint
and are copied below.
|A. Except to the extent provided by the declaration, Subsection B of this section or
Section 46 [47-7C-13 NMSA 1978] of the Condominium Act, the association is
responsible for maintenance, repair and replacement of the common elements,
|Notwithstanding the ownership of various portions of the Common Elements and the
Units by virtue of the foregoing boundary description, the provisions of the Bylaws shall
govern the division of maintenance and repair responsibilities between the Unit Owner
and the Association.”
|The Board of Directors shall be responsible for the maintenance, repair, and replacement
(unless, if in the opinion of not less than two-thirds (2/3) of the Board of Directors such
expense was necessitated by the negligence, misuse, or neglect of a Unit Owner) of all of
the Common Elements, but not the Limited Common Elements, as defined herein or in
the Declaration, the cost of repair of the Common Elements shall be charged to all Unit
Owners as a Common Expense;
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