448.1-103. Definitions.
Definitions.
448.1-103. In the declaration and bylaws of eachcondominium, unless specifically provided otherwise or thecontext requires otherwise, and in sections 448.1-101 to448.4-120:
(1) "Affiliate of a declarant" means any person whocontrols, is controlled by, or is under common control with adeclarant. A person "controls" a declarant if the person (a) isa general partner, officer, director, or employer of thedeclarant, (b) directly or indirectly, or acting in concert withone or more other persons, or through one or more subsidiaries,owns, controls, holds with power to vote, or holds proxiesrepresenting more than twenty percent of the voting interests inthe declarant, (c) controls in any manner the election of amajority of the directors of the declarant, or (d) hascontributed more than twenty percent of the capital of thedeclarant. A person "is controlled by" a declarant if thedeclarant (a) is a general partner, officer, director, oremployer of the person, (b) directly or indirectly, or acting inconcert with one or more other persons, or through one or moresubsidiaries, owns, controls, holds with power to vote, or holdsproxies representing more than twenty percent of the votinginterests in the person, (c) controls in any manner the electionof a majority of the directors of the person, or (d) hascontributed more than twenty percent of the capital of theperson. Control does not exist if the powers described in thissubdivision are held solely as security for an obligation and arenot exercised;
(2) "Allocated interests" means the undivided interest inthe common elements, the common expense liability, and votes inthe association allocated to each unit;
(3) "Association" or "unit owners' association" means theunit owners' association organized under section 448.3-101;
(4) "Common elements" means all portions of a condominiumother than the units;
(5) "Common expenses" means expenditures made by orfinancial liabilities of the association, together with anyallocations to reserves;
(6) "Common expense liability" means the liability forcommon expenses allocated to each unit pursuant to section448.2-108;
(7) "Condominium" means real estate, portions of which aredesignated for separate ownership and the remainder of which isdesignated for common ownership solely by the owners of thoseportions. Real estate is not a condominium unless the undividedinterests in the common elements are vested in the unit owners;
(8) "Conversion building" means a building that at any timebefore creation of the condominium was occupied wholly orpartially by persons other than purchasers and persons who occupywith the consent of purchasers;
(9) "Declarant" means any person, or group of persons actingin concert, who (a) as part of a common promotional plan, offersto dispose of his or its interest in a unit not previouslydisposed of, or (b) reserves or succeeds to any specialdeclarant right;
(10) "Declaration" means any instruments, howeverdenominated, which create a condominium, and any amendments tothose instruments;
(11) "Development rights" means any right, or combination ofrights, reserved by a declarant in the declaration to add realestate to a condominium; to create units, common elements, orlimited common elements within a condominium; to subdivide unitsor convert units into common elements; or to withdraw real estatefrom a condominium;
(12) "Disabled" means any person who meets the requirementsof subdivision (19) of this section relating to a low or moderateincome tenant and is totally and permanently disabled or blindand receiving federal social security disability benefits,federal supplemental security income benefits, veteransadministration benefits, a state blind pension pursuant tosections 209.010 to 209.160, RSMo, state aid to blind personspursuant to section 209.240, RSMo, or state supplementalpayments pursuant to section 208.030, RSMo;
(13) "Dispose" or "disposition" means a voluntary transferto a purchaser of any legal or equitable interest in a unit, butdoes not include the transfer or release of a security interest;
(14) "Executive board" means the body, regardless of name,designated in the declaration to act on behalf of theassociation;
(15) "Identifying number" means a symbol or address whichidentifies only one unit in a condominium;
(16) "Leasehold condominium" means a condominium in whichall or a portion of the real estate is subject to a lease, theexpiration or termination of which will terminate thecondominium or reduce its size;
(17) "Limited common element" means a portion of the commonelements allocated by the declaration or by operation ofsubdivision (2) or (4) of section 448.2-102 for the exclusive useof one or more but fewer than all of the units;
(18) "Low or moderate income elderly tenant" means anyperson who has reached the age of sixty-eight or over and whoseannual net income is less than eighty percent of the medianincome of the area as set forth in regulations promulgated fromtime to time by the federal department of Housing and UrbanDevelopment pursuant to section eight of the housing act of 1937as amended, and who occupies a conversion building;
(19) "Low or moderate income tenant" means any person whoseannual net income is less than eighty percent of the medianincome for the area as set forth in regulations promulgated fromtime to time by the federal department of Housing and UrbanDevelopment pursuant to section eight of the housing act of 1937as amended, and who occupies a conversion building;
(20) "Master association" means an organization described insection 448.2-120, whether or not it is also an associationdescribed in section 448.3-101;
(21) "Person" means a natural person, corporation, businesstrust, estate, trust, partnership, association, joint venture,government, governmental subdivision or agency, or other legal orcommercial entity; provided, however, that in the case of a landtrust, "person" means the beneficiary of the trust rather thanthe trust or the trustee;
(22) "Plan" means a drawing prepared by a registeredarchitect or engineer which contains the information required bythe provisions of subsection 4 of section 448.2-109;
(23) "Plat" means a drawing prepared by a registered landsurveyor which contains the information required by theprovisions of subsection 2 of section 448.2-109;
(24) "Purchaser" means any person, other than a declarant ora person in the business of selling real estate for his ownaccount, who by means of a voluntary transfer acquires a legal orequitable interest in a unit, other than (a) a leaseholdinterest, including renewal options, of less than twenty years,or (b) as security for an obligation;
(25) "Real estate" means any leasehold or other estate orinterest in, over, or under land, including structures, fixtures,and other improvements and interests which by custom, usage, orlaw pass with a conveyance of land though not described in thecontract of sale or instrument of conveyance. "Real estate"includes parcels with or without upper or lower boundaries, andspaces which may be filled with air or water;
(26) "Residential purposes" means use for dwelling orrecreational purposes, or both;
(27) "Special declarant rights" means rights reserved forthe benefit of a declarant to complete improvements indicated onplats and plans filed with the declaration; to exercise anydevelopment right; to maintain sales offices, management offices,signs advertising the condominium, and models; to use easementsthrough the common elements for the purpose of makingimprovements within the condominium or within real estate whichmay be added to the condominium; to make the condominium part ofa larger condominium or a planned community; to make thecondominium subject to a master association; or to appoint orremove any officer of the association or any master association,or any executive board member during any period of declarantcontrol;
(28) "Time-share" means a right to occupy a unit or any ofseveral units during five or more separated time periods over aperiod of at least five years, including renewal options, whetheror not coupled with an estate or interest in a condominium or aspecified portion thereof;
(29) "Unit" means a physical portion of the condominiumdesignated for separate ownership or occupancy, the boundaries ofwhich are described pursuant to subdivision (5) of subsection 1of section 448.2-105;
(30) "Unit owner" means a declarant or other person who ownsa unit, or a lessee of a unit in a leasehold condominium whoselease expires simultaneously with any lease the expiration ortermination of which will remove the unit from the condominium,but does not include a person having an interest in a unit solelyas security for an obligation.
(L. 1983 H.B. 177)