§514A-3 
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 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.



"Apartment
owner" means the person owning, or the persons owning jointly or in
common, an apartment and the common interest appertaining thereto; provided
that to such extent and for such purposes, including the exercise of voting
rights, as shall be provided by lease registered under chapter 501 or recorded
under chapter 502, a lessee of an apartment shall be deemed to be the owner
thereof.



"Association
of apartment owners" means all of the apartment owners acting as a group
in accordance with the bylaws and declaration.



"Commission"
means the real estate commission of the state department of commerce and
consumer affairs.



"Common
elements", unless otherwise provided in the declaration, means and
includes:



(1)  The land included in the condominium property
regime, whether leased or in fee simple;



(2)  The foundations, columns, girders, beams,
supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire
escapes, and entrances and exits of the building or buildings;



(3)  The basements, flat roofs, yards, gardens,
recreational facilities, parking areas, and storage spaces;



(4)  The premises for the lodging or use of janitors
and other persons employed for the operation of the property;



(5)  Central and appurtenant installations for
services such as power, light, gas, hot and cold water, heating, refrigeration,
air conditioning, and incinerators;



(6)  The elevators, escalators, tanks, pumps, motors,
fans, compressors, ducts, and in general all apparatus and installations
existing for common use;



(7)  Such facilities as may be designated as common
elements in the declaration; and



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



"Common
expense" means and includes:



(1)  Expenses of operation of the property; and



(2)  All sums designated common expenses by or
pursuant to this chapter, the declaration or the bylaws.



"Common
interest" means the percentage of undivided interest in the common
elements appertaining to each apartment, as expressed in the declaration, and
any specified percentage of the common interests means such percentage of the
undivided interests in the aggregate.



"Common
profits" means the balance of all income, rents, profits, and revenues
from the common elements remaining after the deduction of the common expenses.



"Completion
of construction" means the issuance by the appropriate county official of
a certificate of completion.



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



"Declaration"
means the instrument by which the property is submitted to this chapter, as
hereinafter provided, and such declaration as from time to time amended.



"Developer"
means a person who undertakes to develop a real estate condominium project.



"Limited
common elements" means and includes those common elements designated in
the declaration as reserved for the use of a certain apartment or certain
apartments to the exclusion of the other apartments; provided that no amendment
of the declaration affecting any of the limited common elements shall be
effective without the consent of the owner or owners of the apartment or
apartments for the use of which such limited common elements are reserved.



"Majority"
or "majority of apartment owners" means the owners of apartments to
which are appurtenant more than fifty per cent of the common interests, and any
specified percentage of the apartment owners means the owners of apartments to
which are appurtenant such percentage of the common interests.



"Managing
agent" means any person employed or retained for the purposes of managing
the operation of the property.



"Master
deed" or "master lease" means any deed or lease showing the
extent of the interest of the person submitting the property to the condominium
property regime.



"Operation
of the property" means and includes the administration, fiscal management
and operation of the property and the maintenance, repair, and replacement of,
and the making of any additions and improvements to, the common elements.



"Person"
means an individual, firm, corporation, partnership, association, trust, or
other legal entity, or any combination thereof.



"Project"
means:



(1)  A real estate condominium project; and



(2)  A plan or project whereby a condominium of two or
more apartments located within the condominium property regime are offered or
proposed to be offered for sale.



"Property"
means and includes the land, whether or not contiguous and including more than
one parcel of land, but located within the same vicinity, whether leasehold or
in fee simple, to the extent of the interest held therein by the owner or
lessee submitting such interest to the condominium property regime, the
building or buildings, all improvements and all 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 regime established by this chapter.



"To
record" means to record in accordance with chapter 502, or to register in
accordance with chapter 501.



All
pronouns used herein include the male, female, and neuter genders and include
the singular or plural numbers, as the case may be. [L 2007, c 244, pt of §2]