§514B-37 Common interest. Each unit shall have the common interest it is assigned in the declaration. Except as provided in sections 514B-32(a)(12), 514B-46, and 514B-140(d) and except as provided in the declaration, a unit's common interest shall be permanent and remain undivided, and may not be altered or partitioned without the consent of the owner of the unit and the owner's mortgagee, expressed in a duly executed and recorded declaration amendment. The common interest shall not be separated from the unit to which it appertains, and shall be deemed to be conveyed or encumbered with the unit even if the common interest is not expressly mentioned or described in the conveyance or other instrument. [L 2005, c 93, pt of §2]
Hawaii Legal Code