NY Real Prop L § 339-I (2021)
2021 New York Laws RPP - Real Property Article 9-B - Condominium Act 339-I - Common Elements.

§  339-i. Common elements. 1. Each unit shall have appurtenant thereto   a common interest as expressed in the declaration. Such  interest  shall   be  (i) in the approximate proportion that the fair value of the unit at   the date of the declaration bears to the then aggregate  fair  value  of   all  the units or (ii) in the approximate proportion that the floor area   of the unit at the date of the declaration bears to the  then  aggregate   floor  area  of  all  the  units,  but such proportion shall reflect the   substantially exclusive advantages enjoyed by one or more  but  not  all   units in a part or parts of the common elements or (iii) the interest of   each of the units shall be in equal percentages, one for each unit as of   the  date  of  filing  the  declaration,  or in equal percentages within   separate  classifications  of  units  as  of  the  date  of  filing  the   declaration,  or  (iv) upon floor space, subject to the location of such   space and the additional factors of relative value to other space in the   condominium, the uniqueness of the  unit,  the  availability  of  common   elements  for exclusive or shared use, and the overall dimensions of the   particular unit.2. The common interest appurtenant to each unit as  expressed  in  the   declaration  shall  have  a permanent character and shall not be altered   without the consent of all unit owners affected, expressed in an amended   declaration. However, the declaration may contain provisions relating to   the appropriation,  taking  or  condemnation  by  eminent  domain  by  a   federal,   state   or  local  government,  or  instrumentality  thereof,   including, but not limited to, reapportionment or other  change  of  the   common  interest appurtenant to each unit, or portion thereof, remaining   after a  partial  appropriation,  taking  or  condemnation.  The  common   interest  shall  not  be separated from the unit to which it appertains.   Nothing contained in this article shall prohibit  the  division  of  any   unit  and  common interest appurtenant thereto in a non-residential unit   in the manner permitted by the declaration and bylaws, including changes   in the number of rooms; in no case may such division result in a greater   percentage of common interest for  the  total  of  the  new  units  than   existed  for  the original unit before division. Where authorized by the   declaration and bylaws, an appropriate amendment to the declaration  may   be  filed  by  the  new unit owners under the same file number and under   procedure set forth in section three hundred thirty-nine-p  hereof,  and   the  local  tax  authorities shall provide and certify upon the proposed   amendment a conforming tax lot number upon completion of the new units.3. The common elements shall remain undivided and no right shall exist   to partition or divide any thereof, except as otherwise provided in this   article. Any provision to the contrary shall be null and void.   Nothing   in  this  subdivision  shall be deemed to prevent ownership of a unit by   the entireties, jointly or in common.4. Each unit owner may use the common elements in accordance with  the   purpose  for  which they are intended, without hindering the exercise of   or encroaching upon the rights  of  the  other  unit  owners,  but  this   subsection  shall  not  be  deemed  to  prevent  some unit or units from   enjoying substantially exclusive advantages in a part or  parts  of  the   common elements as expressed in the declaration or by-laws.5.  The  unit owners shall have the irrevocable right, to be exercised   by the board of managers, to have access to each unit from time to  time   during reasonable hours to the extent necessary for the operation of the   property,  or  for making emergency repairs therein necessary to prevent   damage to the common elements or to  another  unit  or  units,  and  the   by-laws   may   contain   reasonable   rules  and  regulations  for  the   administration of this provision as the privacy of  the  units  and  the   protection  of  them  and their contents from burglary, theft or larceny   requires.