Each owner shall use the common elements in accordance with their purpose, without restricting or obstructing the legal rights of others, under the following conditions:
(a) By majority vote of the Apartment Owner’s Association, installation of equipment on the roof may be authorized for one or several owners for the exclusive enjoyment of their apartments, if such installations do not curtail the enjoyment of another unit, in which case the compliance of the affected party is required.
(b) Also by authorization, equipment or machinery for the enjoyment of a limited number of apartment owners may be installed in common areas, if they assume the costs entailed, and the future maintenance costs. To obtain the referenced authorization, said apartment owners shall certify to the Apartment Owners’ Association that the installation and use of such equipment or machinery, according to expert opinion, does not substantially alter the appearance or architectural design of the structure, does not affect the safety or solidity of the building, and does not obstruct the enjoyment of the other units. Apartment owners who originally would not have contributed toward such improvements may benefit from the same if they contribute the proportional costs that would have corresponded to them afterwards, paying the legal interest.
In any case, if the location of the equipment affects the appearance of the structure, its installation shall require the consent of all the owners. The Apartment Owners’ Association may impose a special fee to those apartments that benefit from this authorization, pursuant to the provisions set forth in subsection (e) of § 1293b of this title.
History —June 25, 1958, No. 104, p. 243, § 14; June 4, 1976, No. 157, p. 461, § 1; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 8.