Common use of Partition Prohibited Clause in Contracts

Partition Prohibited. The Common Area shall remain undivided as set forth in Section 2.5. Except as provided by California Civil Code § 1359, or authorized under Sections 8.3 or 8.4, no Owner shall bring any action for partition, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Project. Judicial partition by sale of a single Unit owned by two (2) or more persons and division of the sale proceeds is not prohibited hereby but partition of title of any Common Interests in and to a single Unit is prohibited.