58-3102. Definitions.
58-3102
58-3102. Definitions.As used in this act and the act of which this section is amendatory,unless the context otherwise requires;
(a) "Apartment" or "condominium unit" means a part of the propertyintended for any type of independent use whether residence, office, theoperation of any industry or business or other use, including one or morerooms or enclosed spaces located on one or more floors (or part or partsthereof) in a building, and with a direct exit to a public street orhighway or to a common area leading to such street or highway. To theextent that walks, floors, and ceilings are designated as the boundaries ofa condominium unit or apartment by the declaration, all doors and windowstherein, and all lath, wallboard, plasterboard, plaster, paneling, tiles,wallpaper, paint, finished flooring, and any other materials constitutingany part of the furnished surfaces thereof, shall be deemed a part of suchunit, while all other portions of such walls, floors and ceilings shall bedeemed a part of the common areas and facilities. If any chutes, flues,ducts, conduits, wires, bearing walls, bearing columns, or any otherapparatus lies partially within and partially outside of the designatedboundaries of a unit, any portions thereof serving only that unit shall bedeemed a part of that unit, while any portions thereof serving more thanone unit or any portion of the common elements shall be deemed a part ofthe common areas and facilities. All space, interior partitions, and otherfixtures and improvements within the boundaries of a unit shall be deemed apart of that unit. Any shutters, awnings, window boxes, doorsteps, porches,balconies, patios, and any other apparatus designed to serve a single unit,but located outside the boundaries thereof, shall be deemed a limitedcommon area and facility appertaining to that unit exclusively.
(b) "Apartment owner" means the person or persons owning an apartment orcondominium unit in fee simple absolute and an undivided interest in thefee simple estate of the common areas and facilities as specified andestablished in the declaration.
(c) "Apartment number" means the number, letter, or combination thereofdesignating the apartment or condominium unit in the declaration.
(d) "Association of apartment owners" means all of the apartment orcondominium unit owners acting as a group in accordance with the bylaws anddeclaration.
(e) "Building" means a building, containing one or more apartments orcondominium units, or two or more buildings, each containing one or moreapartments or condominium units and comprising a part of the property.
(f) "Condominium" means "property" as hereinafter defined.
(g) "Common areas and facilities," unless otherwise provided in thedeclaration or lawful amendments thereto means and includes:
(1) The land on which the building is located;
(2) The foundations, columns, girders, beams, supports, main walls,roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, andentrances and exits of the building;
(3) The basements, yards, gardens, parking areas and storage spaces;
(4) The premises for the lodging of janitors or persons in charge of theproperty;
(5) Installations of central services such as power, lights, gas, hotand cold water, heating, refrigeration, air conditioning and incinerating;
(6) The elevators, tanks, pumps, motors, fans, compressors, ducts and ingeneral all apparatus and installations existing for common use;
(7) Such community and commercial facilities as may be provided for inthe declaration; and
(8) All other parts of the property necessary or convenient to itsexistence, maintenance and safety, or normally in common use.
(h) "Convertible land" shall mean a building site for one or moreproposed additional condominium units within the submitted land which maybe created in accordance with the declaration and this act.
(i) "Common expenses" means and include:
(1) All sums lawfully assessed against the apartment owners by theassociation of apartment owners;
(2) Expenses of administration, maintenance, repair or replacement ofthe common areas and facilities;
(3) Expenses agreed upon as common expenses by the association ofapartment owners;
(4) Expenses declared common expenses by provisions of this act, or bythe declaration or the bylaws.
(j) "Common profits" means the balance of all income, rents, profits andrevenues from the common areas and facilities remaining after the deductionof the common expenses.
(k) "Declaration" means the instrument by which the property issubmitted to the provisions of this act as hereinafter provided, and suchdeclaration as from time to time may be lawfully amended.
(l) "Expandable condominium" shall mean a condominium to whichadditional real property may be added in accordance with the provisions ofthe declaration and of this act.
(m) "Limited common areas and facilities" means and includes thosecommon areas and facilities designated in the declaration as reserved foruse of certain apartment or apartments to the exclusion of the otherapartments.
(n) "Majority" or "majority of apartment owners" means the apartmentowners with fifty-one percent (51%) or more of the votes in accordance withthe percentages assigned in the declaration to the apartments for votingpurposes.
(o) "Par value" shall mean a number of dollars or points assigned toeach condominium unit by the declaration. If par value is stated in termsof dollars, that statement shall not be deemed to reflect or control valuefor taxation, fair market value, or for any purpose.
(p) "Person" means individual, corporation, partnership, association,trustee or other legal entity.
(q) "Property" means and includes the land, the building, allimprovements and structures thereon, all owned in fee simple absolute andall easements, rights and appurtenances belonging thereto, and all articlesof personal property intended for use in connection therewith, which havebeen or are intended to be submitted to the provisions of this act.
(r) "Recording officer" means the register of deeds of the county inwhich the property is located.
(s) "Size" shall mean the approximate square feet of floor space of eachcondominium unit computed by reference to the declaration and floor plansand rounded off to a whole number. Certain spaces may be excluded orestimated in determining size if the same basis of calculation is used forall units of the condominium and is described in the declaration or floorplans.
(t) "Submitted land" shall mean real property, and any incidents theretoor interests therein, lawfully submitted to the provisions of this act ashereinafter provided.
History: L. 1963, ch. 329, § 2; L. 1968, ch. 148, §1; L. 1975, ch. 297, § 1; July 1.