§ 34-36-3 - Definitions.
SECTION 34-36-3
§ 34-36-3 Definitions. – As used in this chapter:
(1) "Association of unit owners" means all of the unit ownersacting as a group in accordance with the declaration and bylaws.
(2) "Building" means a building, containing four (4) or moreunits, or two (2) or more buildings, with a total of four (4) or more units forall the buildings, and comprising a part of the property.
(3) "Common areas and facilities," unless otherwise providedin the declaration or lawful amendments thereto, means and includes:
(i) The land on which the building is located;
(ii) The foundations, columns, girders, beams, supports, mainwalls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, andentrances and exits of the building;
(iii) The basements, yards, gardens, parking areas, andstorage spaces;
(iv) The premises for lodging of janitors or persons incharge of the property;
(v) Installations of central services such as power, light,gas, hot and cold water, heating, refrigeration, air conditioning, andincinerating;
(vi) The elevators, tanks, pumps, motors, fans, compressors,ducts, and in general all apparatus and installations existing for common use;
(vii) Such community and commercial facilities as may beprovided for in the declaration; and
(viii) All other parts of the property necessary orconvenient to its existence, maintenance, and safety, or normally in common use.
(4) "Common expenses" means and includes:
(i) All sums lawfully assessed against the unit owners;
(ii) Expenses of administration, maintenance, repair, orreplacement of the common areas and facilities;
(iii) Expenses agreed upon as common expenses by theassociation of unit owners;
(iv) Expenses declared common expenses by provisions of thischapter, or by the declaration or the bylaws.
(5) "Common profits," unless otherwise provided in thedeclaration or lawful amendments thereto, means and includes the balance of allincome, rents, profits, and revenues from the common areas and facilitiesremaining after the deduction of the common expenses.
(6) "Condominium" means the ownership of a single unit in amulti-unit project together with an undivided interest in common in the commonareas and facilities of the property.
(7) "Condominium project" means a real estate condominiumproject; a plan or project whereby four (4) or more apartments, rooms, officespaces, or other units in existing or proposed apartment, commercial, orindustrial buildings or structures are separately offered or proposed to beoffered for sale.
(8) "Declaration" means the instrument by which the propertyis submitted to the provisions of this chapter, as it from time to time may belawfully amended.
(9) "Limited common areas and facilities" means and includethose common areas and facilities designated in the declaration as reserved foruse of a certain unit or units to the exclusion of the other units.
(10) "Majority" or "majority of the unit owners" unlessotherwise provided in the declaration or lawful amendments thereto, mean theowners of more than fifty per cent (50%) in the aggregate in interest of theundivided ownership of the common areas and facilities.
(11) "Management committee" means the committee as providedin the declaration charged with and having the responsibility and authority tomake and to enforce all of the reasonable rules and regulations covering theoperation and maintenance of the property.
(12) "Person" means individual, corporation, partnership,association, trustee or other legal entity.
(13) "Property" means and includes the land, the building,all improvements and structures thereon, all easements, rights, andappurtenances belonging thereto, and all articles of personal property intendedfor use in connection therewith.
(14) "Record," "recording," "recorded," and "recorder" shallhave the meaning stated in chapter 13 of this title.
(15) "Record of survey map" means a plat or plats of surveyof the property and of all units in the property submitted to the provisions ofthis chapter, which may consist of a three-dimensional, horizontal, andvertical delineation of all such units.
(16) "Unit" means a part of the property intended for anytype of independent use, including one or more rooms or spaces located in oneor more floors (or part or parts of floors) in a building.
(17) "Unit number" means the number, letter or combinationthereof designating the unit in the declaration and in the record of survey map.
(18) "Unit owner" means the person or persons owning a unitin fee simple and an undivided interest in the fee simple estate of the commonareas and facilities in the percentage specified and established in thedeclaration.