§ 34-36.1-1.03 - Definitions.
SECTION 34-36.1-1.03
§ 34-36.1-1.03 Definitions. – In the declaration and bylaws, unless specifically provided otherwise or thecontext otherwise requires, and in this chapter:
(1) "Affiliate of a declarant" means any person who controls,is controlled by, or is under common control with a declarant.
(i) A person "controls" a declarant if the person:
(A) Is a general partner, officer, director, or employer ofthe declarant,
(B) Directly or indirectly or acting in concert with one ormore other persons, or through one or more subsidiaries, owns, controls, holdswith power to vote, or holds proxies representing, more than twenty percent(20%) of the voting interest in the declarant,
(C) Controls in any manner the election of a majority of thedirectors of the declarant, or
(D) Has contributed more than twenty percent (20%) of thecapital of the declarant.
(ii) A person "is controlled by" a declarant if the declarant:
(A) Is a general partner, officer, director, or employer ofthe person,
(B) Directly or indirectly or acting in concert with one ormore other persons, or through one or more subsidiaries, owns, controls, holdswith power to vote, or holds proxies representing, more than twenty percent(20%) of the voting interest in the person,
(C) Controls in any manner the election of a majority of thedirectors of the person, or
(D) Has contributed more than twenty percent (20%) of thecapital of the person.
(iii) Control does not exist if the powers described in thissubdivision are held solely as security for an obligation and are not exercised.
(2) "Allocated interests" means the undivided interest in thecommon elements, the common expense liability, and votes in the associationallocated to each unit.
(3) "Association" or "unit owners' association" means theunit owners' association organized under § 34-36.1-3.01.
(4) "Common elements" means all portions of a condominiumother than the units.
(5) "Common expenses" means expenditures made by or financialliabilities of the association, together with any allocations to reserves.
(6) "Common expense liability" means the liability for commonexpenses allocated to each unit pursuant to § 34-36.1-2.07.
(7) "Condominium" means real estate, portions of which aredesignated for separate ownership and the remainder of which is designated forcommon ownership solely by the owners of those portions. Real estate is not acondominium unless the undivided interests in the common elements are vested inthe unit owners.
(ii) Provided that each unit owner has a vested, undividedinterest in the common elements greater that 0.0 percent, no minimum percentageinterest in the common elements is otherwise required by this chapter.
(8) "Conversion building" means a building that at any timebefore creation of the condominium was occupied wholly or partially by personsother than purchasers and persons who occupy with the consent of purchasers.
(9) "Declarant" means any person or group of persons actingin concert who:
(i) As part of a common promotional plan, offers to disposeof his, her or its interest in a unit not previously disposed of; or
(ii) Reserves or succeeds to any special declarant right.
(10) "Declaration" means any instruments, howeverdenominated, that create a condominium, and any amendments to those instruments.
(11) "Development rights" means any right or combination ofrights reserved by a declarant in the declaration to:
(A) Add real estate to a condominium,
(B) Create units, common elements, or limited common elementswithin a condominium,
(C) Subdivide units or convert units into common elements, or
(D) Withdraw real estate from a condominium.
(12) "Person with a disability" means any person who isunable to engage in any substantial gainful activity by reason of any medicallydeterminable physical or mental impairment which can be expected to result indeath or has lasted or can be expected to last for a continuous period of notless than twelve (12) months or any person having an impairment of mobility orvision which is expected to be of at least twelve (12) months duration, and isa substantial impediment to his or her ability to live independently.
(13) "Dispose" or "disposition" means a voluntary transfer toa purchaser of any legal or equitable interest in a unit, but does not includethe 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 the association.
(15) [Deleted by P.L. 1999, ch. 83, § 80, and P.L.1999, ch. 130, § 80 which enacted identical amendments to thissection.]
(16) "Identifying number" means a symbol or address thatidentifies only one unit in a condominium.
(17) "Land only units" shall mean units designated as landonly units on the plats and plans which units may be comprised entirely orpartially of unimproved real property and the air space above the realproperty. The boundaries of a land only unit are to be described pursuant to§ 34-36.1-2.05(a)(5). Land only units may, but need not, contain aphysical structure. The declaration may provide for the conversion of land onlyunits to other types of units and/or common elements provided the conversionshall be effective only upon the recording of an amendment to the declarationwhich amendment will include new plats and plans identifying any portion of theland only unit converted to another type of unit and/or common element.
(18) "Leasehold condominium" means a condominium in which allor a portion of the real estate is subject to a lease the expiration ortermination of which will terminate the condominium or reduce its size.
(19) "Limited common element" means a portion of the commonelements allocated by the declaration or by operation of § 34-36.1-2.02(2)or (4) for the exclusive use of one or more but fewer than all of the units.
(20) "Master association" means an organization described in§ 34-36.1-2.20, whether or not it is also an association described in§ 34-36.1-3.01.
(21) "Offering" means any advertisement, inducement, solici-tation, or attempt to encourage any person to acquire any interest in a unit,other than as security for an obligation. An advertisement in a newspaper orother periodical of general circulation, or in any broadcast medium to thegeneral public, of a condominium not located in this state, is not an offeringif the advertisement states that an offering may be made only in compliancewith the law of the jurisdiction in which the condominium is located.
(22) "Person" means a natural person, corporation, businesstrust, estate, trust, partnership, association, joint venture, government,governmental subdivision or agency, or other legal or commercial entity. (Inthe case of a land trust, however, "person" means the beneficiary of the trustrather than the trust or the trustee.)
(23) "Purchaser" means any person, other than a declarant ora person in the business of selling real estate for his or her own account, whoby means of a voluntary transfer acquires a legal or equitable interest in aunit other than:
(i) A leasehold interest including renewal options of lessthan twenty (20) years, or
(ii) As security for an obligation.
(24) "Real estate" means any leasehold or other estate orinterest in, over, or under land, including structures, fixtures, and otherimprovements and interests which by custom, usage, or law pass with aconveyance of land though not described in the contract of sale or instrumentof conveyance. "Real estate" includes parcels with or without upper or lowerboundaries, and spaces that may be filled with air or water.
(25) "Residential purposes" means use for dwelling orrecreational purposes, or both.
(26) "Special declarant rights" means rights reserved for thebenefit of a declarant to:
(i) Complete improvements indicated on plats and plans filedwith the declaration, (§ 34-36.1-2.09),
(ii) To exercise any development right, (§ 34-36.1-2.10),
(iii) To maintain sales offices, management offices, signsadvertising the condominium, and models, (§ 34-36.1-2.15),
(iv) To use easements through the common elements for thepurpose of making improvements within the condominium or within real estatewhich may be added to the condominium, (§ 34-36.1-2.16),
(v) To make the condominium part of a larger condominium or aplanned community, (§ 34-36.1-2.21),
(vi) To make the condominium subject to a master association,(§ 34-36.1-2.20),
(vii) Or to appoint or remove any officer of the associationor any master association or any executive board member during any period ofdeclarant control, (§ 34-36.1-3.03(d)).
(27) "Time share" means a right to occupy a unit or any ofseveral units during five (5) or more separated time periods over a period ofat least five (5) years, including renewal options, whether or not coupled withan estate or interest in a condominium or a specified portion thereof.
(28) "Unit" means a physical portion of the condominiumdesignated for separate ownership or occupancy, the boundaries of which aredescribed pursuant to § 34-36.1-2.05(a)(5).
(29) "Unit owner" means a declarant or other person who ownsa unit, or a lessee of a unit in a leasehold condominium whose lease expiressimultaneously with any lease, the expiration or termination of which willremove the unit from the condominium, but does not include a person having aninterest in a unit solely as security for an obligation.