§502C-1  Definitions.  Unless it is
plainly evident from the context that a different meaning is intended, as used
herein:



"Apartment" means a part of the
property of a condominium project intended for any type of use or uses, and
with an exit to a public street or highway or to a common element or elements
leading to a public street or highway, and may include such appurtenances as
garage and other parking space, storage room, balcony, terrace, and patio.



"Association" means:



(1)  All of the apartment owners acting as a group in
accordance with the bylaws and declaration; and



(2)  A nonprofit, incorporated, or unincorporated
organization upon which responsibilities are imposed and to which authority is
granted in a declaration that governs a planned community,



and includes any other governing body of a
residential community with common elements and common interests.



"Common elements" or "common
area" means:



(1)  The same as "common elements" as
defined in section 514A-3 or 514B-3; and



(2)  Real property within a planned community that is
owned or leased by the association or is otherwise available for the use of its
members or designated as common area in or pursuant to the declaration.



"Condominium" means the ownership of
single apartments, with common elements, located on property within a
condominium property regime.



"Declaration" means:



(1)  The instrument by which property is submitted to
chapter 514A or 514B, as provided in those chapters, and such declaration as
from time to time amended; and



(2)  Any recorded instrument, however denominated,
that imposes on an association maintenance or operational responsibilities for
the common area and creates the authority in the association to impose on
units, or on the owners or occupants of the units, any mandatory payment of
money as a regular annual assessment or otherwise in connection with the
provisions, maintenance, or services for the benefit of some or all of the
units, the owners, or occupants of the units or the common areas, including any
amendment or supplement to the instrument.



"Family child care home" means a
private residence, including an apartment, unit, or townhouse, where care may
be provided for three to no more than six children, who are unrelated to the
caregiver by blood, marriage, or adoption at any given time.



"Planned community" has the same
meaning as set forth in section 421J-2.



"Townhouse" means a series of
individual apartments or units having architectural unity and common elements,
with each apartment or unit extending from ground to roof or from the first or
second floor to roof, and where apartments or units may share a common wall or
be freestanding structures, including townhouse projects that are created
pursuant to chapters 514A, 514B, and 421J, as well as projects that are not
created pursuant to those chapters but are governed by an association; provided
that "townhouse" shall not include any apartments or units located in
a building of more than three stories.



"Unit" means a physical portion of a
planned community designated for separate ownership or occupancy. [L 1999, c
242, pt of §1, §8(2); am L 2001, c 225, §3; am L 2004, c 164, §19; am L 2005, c
20, §1; am L 2008, c 28, §13]



 



Note



 



  The 2008 amendment is retroactive to July 1, 2006.  L 2008, c
28, §43.