§ 47A-3. Definitions.
§47A‑3. Definitions.
Unless it is plainly evidentfrom the context that a different meaning is intended, as used herein:
(1) "Association ofunit owners" means all of the unit owners acting as a group in accordancewith the bylaws and declaration.
(1a) "Building"means a building, or a group of buildings, each building containing one or moreunits, and comprising a part of the property; provided that the property shallcontain not less than two units.
(2) "Common areasand facilities," unless otherwise provided in the declaration or lawfulamendments thereto, means and includes:
a. The land on whichthe building stands and such other land and improvements thereon as may bespecifically included in the declaration, except any portion thereof includedin a unit;
b. The foundations,columns, girders, beams, supports, main walls, roofs, halls, corridors,lobbies, stairs, stairways, fire escapes, and entrances and exits of thebuilding;
c. The basements,yards, gardens, parking areas and storage spaces;
d. The premises for thelodging of janitors or persons in charge of property;
e. Installations ofcentral services such as power, light, gas, hot and cold water, heating,refrigeration, air conditioning and incinerating;
f. The elevators,tanks, pumps, motors, fans, compressors, ducts, and in general, all apparatusand installations existing for common use;
g. Such community andcommercial facilities as may be provided for in the declaration; and
h. All other parts ofthe property necessary or convenient to its existence, maintenance and safety,or normally in common use.
(3) "Commonexpenses" means and includes:
a. All sums lawfullyassessed against the unit owners by the association of unit owners;
b. Expenses ofadministration, maintenance, repair or replacement of the common areas andfacilities;
c. Expenses agreed uponas common expenses by the association of unit owners;
d. Expenses declaredcommon expenses by the provisions of this Article, or by the declaration or thebylaws;
e. Hazard insurancepremiums, if required.
(4) "Commonprofits" means the balance of all income, rents, profits, and revenuesfrom the common areas and facilities remaining after the deductions of thecommon expenses.
(5) "Condominium"means the ownership of single units in a multi‑unit structure with commonareas and facilities.
(6) "Declaration"means the instrument, duly recorded, by which the property is submitted to theprovisions of this Article, as hereinafter provided, and such declaration asfrom time to time may be lawfully amended.
(7) "Limited commonareas and facilities" means and includes those common areas and facilitieswhich are agreed upon by all the unit owners to be reserved for the use of acertain number of units to the exclusion of the other units, such as special corridors,stairways and elevators, sanitary services common to the units of a particularfloor, and the like.
(8) "Majority"or "majority of unit owners" means the owners of more than fiftypercent (50%) of the aggregate interest in the common areas and facilities asestablished by the declaration assembled at a duly called meeting of the unitowners.
(9) "Person"means individual, corporation, partnership, association, trustee, or otherlegal entity.
(10) "Property"means and includes the land, the building, all improvements and structuresthereon and all easements, rights and appurtenances belonging thereto, and allarticles of personal property intended for use in connection therewith, whichhave been or are intended to be submitted to the provisions of this Article.
(11) "Recordation"means to file of record in the office of the county register of deeds in thecounty where the land is situated, in the manner provided by law forrecordation of instruments affecting real estate.
(12) "Unit" or"condominium unit" means an enclosed space consisting of one or morerooms occupying all or a part of a floor or floors in a building of one ormore floors or stories regardless of whether it be designed for residence, foroffice, for the operation of any industry or business, or for any other type ofindependent use and shall include such accessory spaces and areas as may bedescribed in the declaration, such as garage space, storage space, balcony,terrace or patio, provided it has a direct exit to a thoroughfare or to a givencommon space leading to a thoroughfare.
(13) "Unitdesignation" means the number, letter, or combination thereof designatingthe unit in the declaration.
(14) "Unitowner" means a person, corporation, partnership, association, trust orother legal entity, or any combination thereof, who owns a unit within thebuilding. (1963, c. 685, s. 3; 1969, c. 848; 1971, c. 418;1983, c. 624, s. 2.)