For the purposes of this chapter, apartment shall be understood to be any unit of construction, sufficiently delimited, consisting of one or more cubic spaces, closed, partially closed, or open, and its annexes (if any), even if they are not contiguous, provided that said unit:
(1) Is susceptible to any type of independent utilization, and
(2) has a direct exit to a public thoroughfare or a given common space leading to such thoroughfare.
The square measure of the areas recorded in the master deed and/or plans constituting a building as the annex of an apartment for the particular use of such apartment, thus excluding all other apartments, shall not be included when computing the square area of the apartment in question or its percentage share in the common elements of the real property, except that the sole owner of the apartments or, if more than one owner, all owners by unanimity, in the original master deed for the constitution of the regime and/or those documents prepared and executed to modify an already existing regime, expressly provide otherwise for one or more annexes, in which case, for such purpose, only those annexes so specified in the original master deed or the documents to amend an existing horizontal property regime shall be taken into account.
History —June 25, 1958, No. 104, p. 243, § 3; June 4, 1976, No. 157, p. 461, § 1; Aug. 15, 2008, No. 281, § 1.