§47A-3. Definitions

Unless it is plainly evident from the context that a different meaning is intended, as used herein:

(1)        "Association of unit owners" means all of the unit owners acting as a group in accordance with the bylaws and declaration.

(1a)      "Building" means a building, or a group of buildings, each building containing one or more units, and comprising a part of the property; provided that the property shall contain not less than two units.

(2)        "Common areas and facilities," unless otherwise provided in the declaration or lawful amendments thereto, means and includes:

a.         The land on which the building stands and such other land and improvements thereon as may be specifically included in the declaration, except any portion thereof included in a unit;

b.         The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, and entrances and exits of the building;

c.         The basements, yards, gardens, parking areas and storage spaces;

d.         The premises for the lodging of janitors or persons in charge of property;

e.         Installations of central 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 apparatus and installations existing for common use;

g.         Such community and commercial facilities as may be provided for in the declaration; and

h.         All other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use.

(3)        "Common expenses" means and includes:

a.         All sums lawfully assessed against the unit owners by the association of unit owners;

b.         Expenses of administration, maintenance, repair or replacement of the common areas and facilities;

c.         Expenses agreed upon as common expenses by the association of unit owners;

d.         Expenses declared common expenses by the provisions of this Article, or by the declaration or the bylaws;

e.         Hazard insurance premiums, if required.

(4)        "Common profits" means the balance of all income, rents,  profits, and revenues from the common areas and facilities remaining after the deductions of the common expenses.

(5)        "Condominium" means the ownership of single units in a multi-unit structure with common areas and facilities.

(6)        "Declaration" means the instrument, duly recorded, by which the property is submitted to the provisions of this Article, as hereinafter provided, and such declaration as from time to time may be lawfully amended.

(7)        "Limited common areas and facilities" means and includes those common areas and facilities which are agreed upon by all the unit owners to be reserved for the use of a certain 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 particular floor, and the like.

(8)        "Majority" or "majority of unit owners" means the owners of more than fifty percent (50%) of the aggregate interest in the common areas and facilities as established by the declaration assembled at a duly called meeting of the unit owners.

(9)        "Person" means individual, corporation, partnership, association, trustee, or other legal entity.

(10)      "Property" means and includes the land, the building, all improvements and structures thereon and all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith, which have 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 the county where the land is situated, in the manner provided by law for recordation of instruments affecting real estate.

(12)      "Unit" or "condominium unit" means an enclosed space consisting of one or more rooms occupying all or a part of a  floor or floors in a building of one or more floors or stories regardless of whether it be designed for residence, for office, for the operation of any industry or business, or for any other type of independent use and shall include such  accessory spaces and areas as may be described 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 given common space leading to a thoroughfare.

(13)      "Unit designation" means the number, letter, or combination thereof designating the unit in the declaration.

(14)      "Unit owner" means a person, corporation, partnership, association, trust or other legal entity, or any combination  thereof, who owns a unit within the building.

(1963, c. 685, s. 3; 1969, c. 848; 1971, c. 418; 1983, c. 624, s. 2.)