(1) Every unit owner shall be entitled to have his or her unit sheltered by all such parts of the building as are capable of affording shelter.
(2) The right created by this section shall be a servitude to which all such of the said parts as are capable of affording shelter shall be subject.
(3) Subject to subsection (4) the servitude for shelter created by this section shall entitle the owner of the dominant unit to enter upon the servient unit to replace, renew or restore any shelter.
(4) Save in the case of emergency, a unit owner shall not exercise the right conferred by subsection (3) except after due notice to the unit owner of the servient unit and at reasonable times during the hours of daylight.