12-1361

12-1361. Definitions

In this article, unless the context otherwise requires:

1. "Association" means either of the following:

(a) The unit owners' association organized under section 33-1241.

(b) A nonprofit corporation or unincorporated association of owners created
pursuant to a declaration to own and operate portions of a planned community and which
has the power under the declaration to assess association members to pay the costs and
expenses incurred in the performance of the association's obligations under the
declaration.

2. "Community documents" means the declaration, bylaws, articles of incorporation,
if any, and rules, if any.

3. "Dwelling" means a single or multifamily unit designed for residential use and
common areas and improvements that are owned or maintained by an association or by
members of an association. A dwelling includes the systems, other components and
improvements that are part of a single or multifamily unit at the time of construction.

4. "Dwelling action" means any action brought by a purchaser against the seller of
a dwelling arising out of or related to the design, construction, condition or sale of
the dwelling.

5. "Multiunit dwelling action" means a dwelling action brought by an association or
by or on behalf of the owners of five or more individual dwelling units.

6. "Purchaser" means any person or entity who files a dwelling action.

7. "Seller" means any person, firm, partnership, corporation, association or other
organization that is engaged in the business of designing, constructing or selling
dwellings. Seller does not include a real estate broker or real estate salesperson as
defined in title 32, chapter 20 who provides services in connection with the resale of a
dwelling following its initial sale.