55-1509. GRANT — PHYSICAL BOUNDARIES OF UNITS — INCIDENTS EXCLUDED — COMMON AREAS — DECORATING RIGHTS OF OWNER. Unless otherwise expressly provided in the declaration, deeds, plat or plats, the incidents of a condominium grant are as follows:
(a) The physical boundaries of the unit are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the unit includes both the portions of the building so described and the airspace so encompassed. The following 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, wherever located, except the outlets thereof when located within the unit. In interpreting the declaration, plat or plats, and deeds, the existing physical boundaries of the unit as originally constructed or as reconstructed in lieu thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed or depicted in the declaration, plat or plats, or deed, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown in the declaration, plat or plats, or deed, and the actual boundaries of units in the building.
(b) The common areas are owned by the owners of the condominiums as their interests appear and are set forth in the declaration pursuant to section 55-1505(1)(c)[, Idaho Code].
(c) A nonexclusive right of ingress, egress and support through the common areas is appurtenant to each unit and the common areas are subject to such rights.
(d) Each condominium owner shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise maintain, refinish, and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his own unit, and the interior thereof.
History:
[55-1509, added 1965, ch. 225, sec. 9, p. 515.]
Structure Idaho Code
Title 55 - PROPERTY IN GENERAL
Chapter 15 - CONDOMINIUM PROPERTY ACT
Section 55-1501 - SHORT TITLE.
Section 55-1502 - PURPOSE — PUBLIC POLICY.
Section 55-1503 - DEFINITIONS.
Section 55-1504 - REQUIREMENTS TO QUALIFY.
Section 55-1505 - CONTENTS OF DECLARATION.
Section 55-1507 - CONTENTS OF BYLAWS.
Section 55-1508 - RECORDATION OF INSTRUMENTS AFFECTING PROJECT.
Section 55-1510 - REMOVAL OF PROPERTY FROM LAW — COMMON OWNERSHIP — RESUBMISSION.
Section 55-1511 - PARTITION — SALE.
Section 55-1513 - ACTIONS BY MANAGEMENT ON BEHALF OF TWO OR MORE OWNERS.
Section 55-1514 - SEPARATE TAXATION — LIEN — TAX DEED.
Section 55-1516 - LIABILITY OF UNIT OWNERS, TENANTS, EMPLOYEES — DUTIES AND POWERS OF OWNERS.
Section 55-1517 - INSURANCE OF INDIVIDUAL UNITS BY MANAGEMENT BODY.
Section 55-1521 - LIBERAL CONSTRUCTION OF DEEDS, DECLARATIONS OR PLANS FOR CONDOMINIUM PROJECTS.
Section 55-1522 - RULE AGAINST PERPETUITIES AND UNREASONABLE RESTRAINTS ON ALIENATION INAPPLICABLE.
Section 55-1523 - REFUSAL TO APPROVE PROJECT OR RECORD PLAT FORBIDDEN.
Section 55-1524 - APPLICATION OF LOCAL ZONING ORDINANCES.
Section 55-1525 - “BLUE SKY LAW” INAPPLICABLE.
Section 55-1526 - LEGAL DESCRIPTION THAT DESIGNATED ON PLAT OR IN DECLARATION.
Section 55-1527 - ZONING LAWS APPLIED WHERE NOT INCONSISTENT.
Section 55-1528 - STATEMENT OF ACCOUNT — DISCLOSURE OF FEES.