33-1202

33-1202. Definitions

In the condominium documents, unless specifically provided otherwise or the context
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.

2. "Allocated interests" means the undivided interests in the common elements, the
common expense liability and votes in the association allocated to each unit.

3. "Articles of incorporation" means the instrument by which an incorporated
association or unit owners' association is formed and organized under this state's
corporate statutes.

4. "Association" or "unit owners' association" means the unit owners' association
organized under section 33-1241.

5. "Board of directors" means the body, regardless of its name, designated in the
declaration and given general management powers to act on behalf of the association.

6. "Bylaws" means the bylaws required by section 33-1246.

7. "Common elements" means all portions of a condominium other than the units.

8. "Common expense liability" means the liability for common expenses allocated to
each unit pursuant to section 33-1217.

9. "Common expenses" means expenditures made by or financial liabilities of the
association, together with any allocations to reserves.

10. "Condominium" means real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership solely by the
owners of the separate portions. Real estate is not a condominium unless the undivided
interests in the common elements are vested in the unit owners.

11. "Condominium documents" means the declaration, bylaws, articles of
incorporation, if any, and rules, if any.

12. "Declarant" means any person or group of persons who reserves, is granted or
succeeds to any special declarant right.

13. "Declaration" means any instruments, however denominated, that create a
condominium and any amendments to those instruments.

14. "Development rights" means any right or combination of rights reserved by or
granted to a declarant in the declaration to do any of the following:

(a) Add real estate to a condominium.

(b) Create easements, units, common elements or limited common elements within a
condominium.

(d) Withdraw real estate from a condominium.

(e) Make the condominium part of a larger condominium or planned community.

(f) Amend the declaration during any period of declarant control, pursuant to
section 33-1243, subsection E, to comply with applicable law or to correct any error or
inconsistency in the declaration, if the amendment does not adversely affect the rights
of any unit owner.

(g) Amend the declaration during any period of declarant control, pursuant to
section 33-1243, subsection E, to comply with the rules or guidelines, in effect from
time to time, of any governmental or quasi-governmental entity or federal corporation
guaranteeing or insuring mortgage loans or governing transactions involving mortgage
instruments.

15. "Identifying number" means a symbol or address that identifies one unit in a
condominium.

16. "Leasehold condominium" means a condominium in which all or a portion of the
real estate is subject to a lease the expiration or termination of which will terminate
the condominium or reduce its size.

17. "Limited common element" means a portion of the common elements specifically
designated as a limited common element in the declaration and allocated by the
declaration or by operation of section 33-1212, paragraph 2 or 4 for the exclusive use of
one or more but fewer than all of the units.

18. "Person" means a natural person, corporation, business trust, estate, trust,
partnership, association, joint venture, government, governmental subdivision or agency,
or other legal or commercial entity. In the case of a subdivision trust, as defined in
section 6-801, person means the beneficiary of the trust who holds the right to
subdivide, develop or sell the real estate rather than the trust or trustee.

19. "Real estate" means any legal, equitable, leasehold or other estate or interest
in, over or under land, including structures, fixtures and other improvements and
interests which by custom, usage or law pass with a conveyance of land though not
described in the contract of sale or instrument of conveyance. Real estate includes
parcels with or without upper or lower boundaries and spaces that may be filled with air
or water.

20. "Rules" means the provisions, if any, adopted pursuant to the declaration or
bylaws governing maintenance and use of the units and common elements.

21. "Special declarant rights" means any right or combination of rights reserved by
or granted to a declarant in the declaration to do any of the following:

(a) Construct improvements provided for in the declaration.

(b) Exercise any development right.

(d) Use easements through the common elements for the purpose of making
improvements within the condominium or within real estate which may be added to the
condominium.

(e) Appoint or remove any officer of the association or any board member during any
period of declarant control.

22. "Unit" means a portion of the condominium designated for separate ownership or
occupancy.

23. "Unit owner" means a declarant or other person who owns a unit or, unless
otherwise provided in the lease, a lessee of a unit in a leasehold condominium whose
lease expires simultaneously with any lease the expiration or termination of which will
remove the unit from the condominium but does not include a person having an interest in
a unit solely as security for an obligation. In the case of a contract for conveyance,
as defined in section 33-741, of real property, unit owner means the purchaser of the
unit.