Common Elements. — Guam Code § 45106

§ 45106. Common Elements.

(a) Each apartment shall have appurtenant thereto a common interest as

expressed in the declaration.

(b) The common interest appurtenant to each apartment as expressed in

the declaration shall have a permanent character and shall not be altered

without the consent of all of the apartment owners affected, expressed in an

amended declaration duly recorded. The common interest shall not be

separated from the apartment to which it appertains and shall be deemed to

be conveyed or encumbered with the apartment even though such interest is

not expressly mentioned or described in the conveyance or other instrument.

(c) The common elements shall remain undivided and no right shall

exist to partition or divide any part thereof, except as otherwise expressed in

this Chapter. Any provision to the contrary is void.

(d) Each apartment owner may use the common elements in

accordance with the purpose for which they were intended without

hindering or encroaching upon the lawful rights of the other apartment

owners, subject always to the exclusive use of the limited common elements

as provided in the declaration.

(e) The operation of the property shall be carried out as provided

herein and in the declaration and the bylaws.

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(f) The apartment owners shall have irrevocable right, to be exercised

by the Board of Directors, to have access to each apartment from time to

time during reasonable hours as may be necessary for the operation of the

property or for making emergency repairs therein necessary to prevent

damage to the common elements or to another apartment or apartments.