A. All unit owners may remove a property from the provisions of the Building Unit Ownership Act by an instrument to that effect, duly recorded; provided that the holders of liens affecting any unit shall consent or agree by instrument duly recorded, provided that their liens be transferred to the percentage of the undivided interest of the debtor unit owner in the property as hereinbefore provided.
B. Upon removal of the property from the provisions of the Building Unit Ownership Act, the property shall be deemed to be owned in common by the unit owners. The undivided interest in the property owned in common which shall appertain to each unit owner shall be the percentage of undivided interest previously owned by an owner in the common areas and facilities.
History: 1953 Comp., § 70-4-16, enacted by Laws 1963, ch. 221, § 16; 1975, ch. 318, § 17.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 52.
Structure New Mexico Statutes
Article 7 - Building Unit Ownership
Section 47-7-3 - Application of act.
Section 47-7-4 - Status of the units.
Section 47-7-5 - Ownership of units.
Section 47-7-6 - Common areas and facilities.
Section 47-7-7 - Compliance with covenants; bylaws; administrative provisions.
Section 47-7-8 - Certain work prohibited.
Section 47-7-9 - Liens against units; removal from lien; effect of part payment.
Section 47-7-10 - Common profits and expenses.
Section 47-7-11 - Contents of declaration.
Section 47-7-12 - Declaration; apportionment of interest.
Section 47-7-13 - Contents of deeds of units.
Section 47-7-14 - Copy of the floor plans to be filed.
Section 47-7-15 - Blanket encumbrances affecting a unit at time of first conveyance.
Section 47-7-17 - Removal from provisions of the Building Unit Ownership Act.
Section 47-7-18 - Removal no bar to subsequent resubmission.
Section 47-7-20 - Contents of bylaws.
Section 47-7-21 - Books of receipts and expenditures; availability for examination.
Section 47-7-22 - Waiver of use of common areas and facilities; abandonment of unit.
Section 47-7-24 - Priority of lien.
Section 47-7-25 - Joint and several liability of grantor and grantee for unpaid common expenses.
Section 47-7-25.1 - Merger or consolidation of condominiums.