§514A-3 - Definitions.
§514A-3 Definitions. Unless it is plainly evident from the context that a different meaning is intended, as used herein:
"Apartment" means a part of the property intended for any type of use or uses, and with an exit to a public street or highway or to a common element or elements leading to a public street or highway, and may include such appurtenances as garage and other parking space, storage room, balcony, terrace, and patio.
"Apartment owner" means the person owning, or the persons owning jointly or in common, an apartment and the common interest appertaining thereto; provided that to such extent and for such purposes, including the exercise of voting rights, as shall be provided by lease registered under chapter 501 or recorded under chapter 502, a lessee of an apartment shall be deemed to be the owner thereof.
"Association of apartment owners" means all of the apartment owners acting as a group in accordance with the bylaws and declaration.
"Commission" means the real estate commission of the state department of commerce and consumer affairs.
"Common elements", unless otherwise provided in the declaration, means and includes:
(1) The land included in the condominium property regime, whether leased or in fee simple;
(2) The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, and entrances and exits of the building or buildings;
(3) The basements, flat roofs, yards, gardens, recreational facilities, parking areas, and storage spaces;
(4) The premises for the lodging or use of janitors and other persons employed for the operation of the property;
(5) Central and appurtenant installations for services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, and incinerators;
(6) The elevators, escalators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use;
(7) Such facilities as may be designated as common elements in the declaration; and
(8) All other parts of the property necessary or convenient to its existence, maintenance, and safety, or normally in common use.
"Common expense" means and includes:
(1) Expenses of operation of the property; and
(2) All sums designated common expenses by or pursuant to this chapter, the declaration or the bylaws.
"Common interest" means the percentage of undivided interest in the common elements appertaining to each apartment, as expressed in the declaration, and any specified percentage of the common interests means such percentage of the undivided interests in the aggregate.
"Common profits" means the balance of all income, rents, profits, and revenues from the common elements remaining after the deduction of the common expenses.
"Completion of construction" means the issuance by the appropriate county official of a certificate of completion.
"Condominium" means the ownership of single units, with common elements, located on property within the condominium property regime.
"Declaration" means the instrument by which the property is submitted to this chapter, as hereinafter provided, and such declaration as from time to time amended.
"Developer" means a person who undertakes to develop a real estate condominium project.
"Limited common elements" means and includes those common elements designated in the declaration as reserved for the use of a certain apartment or certain apartments to the exclusion of the other apartments; provided that no amendment of the declaration affecting any of the limited common elements shall be effective without the consent of the owner or owners of the apartment or apartments for the use of which such limited common elements are reserved.
"Majority" or "majority of apartment owners" means the owners of apartments to which are appurtenant more than fifty per cent of the common interests, and any specified percentage of the apartment owners means the owners of apartments to which are appurtenant such percentage of the common interests.
"Managing agent" means any person employed or retained for the purposes of managing the operation of the property.
"Master deed" or "master lease" means any deed or lease showing the extent of the interest of the person submitting the property to the condominium property regime.
"Operation of the property" means and includes the administration, fiscal management and operation of the property and the maintenance, repair, and replacement of, and the making of any additions and improvements to, the common elements.
"Person" means an individual, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof.
"Project" means:
(1) A real estate condominium project; and
(2) A plan or project whereby a condominium of two or more apartments located within the condominium property regime are offered or proposed to be offered for sale.
"Property" means and includes the land, whether or not contiguous and including more than one parcel of land, but located within the same vicinity, whether leasehold or in fee simple, to the extent of the interest held therein by the owner or lessee submitting such interest to the condominium property regime, the building or buildings, all improvements and all structures thereon, and all easements, rights, and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith, which have been or are intended to be submitted to the regime established by this chapter.
"To record" means to record in accordance with chapter 502, or to register in accordance with chapter 501.
All pronouns used herein include the male, female, and neuter genders and include the singular or plural numbers, as the case may be. [L 2007, c 244, pt of §2]