A. If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute and record an amendment to the declaration, including the plats and plans, subdividing that unit.
B. The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit.
History: Laws 1982, ch. 27, § 25.
Compiler's notes. — This section is substantially similar to § 2-113 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
1. This section provides for subdivision of units by unit owners, thereby creating more and smaller units than were originally created. The underlying policy of this section is that the original development plan of the project must be followed, and the expectations of unit owners realized. Accordingly, unless subdivision of the units is expressly permitted by the original declaration, a unit may not be subdivided into two or more units unless the declaration is amended to permit it. A subdivision itself is accomplished by an amendment to the declaration.
2. At the same time, situations will often occur where future subdivision is appropriate, and this section permits the declaration to provide for it. Most state statutes do not presently provide for subdivision of units.
An analogous concept in the context of development rights is subdivision of units by a declarant. The development right is described in § 2-110 [47-7B-10 NMSA 1978].
Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 38, 39, 41.
31 C.J.S. Estates § 153 et seq.
Structure 2021 New Mexico Statutes
Article 7B - Condominium Act - Creation, Alteration and Termination of Condominiums
Section 47-7B-1 - Creation of condominium.
Section 47-7B-2 - Unit boundaries.
Section 47-7B-3 - Construction and validity of declaration and bylaws.
Section 47-7B-4 - Description of units.
Section 47-7B-5 - Contents of declaration.
Section 47-7B-6 - Leasehold condominiums.
Section 47-7B-7 - Allocation of common element interests; votes; common expense liabilities.
Section 47-7B-8 - Limited common elements.
Section 47-7B-9 - Plats and plans.
Section 47-7B-10 - Exercise of development rights.
Section 47-7B-11 - Alterations of units.
Section 47-7B-12 - Relocation of boundaries between adjoining units.
Section 47-7B-13 - Subdivision of units.
Section 47-7B-14 - Easement for encroachments.
Section 47-7B-15 - Use for sales purposes.
Section 47-7B-16 - Easement rights.
Section 47-7B-17 - Amendment of declaration.
Section 47-7B-18 - Termination of condominium.
Section 47-7B-19 - Rights of secured lenders.