§672E-1  Definitions.  The following
terms, whenever used in this chapter, shall have the following meanings, unless
a different meaning clearly appears in context:



"Action" means any civil proceeding,
including but not limited to arbitration, in which damages or other relief may
be awarded or enforced with respect to an alleged construction defect.



"Association" means a nonprofit,
incorporated, or unincorporated organization upon which responsibilities are
imposed and authority is granted in the organization's declaration or bylaws.



"Claim" means any notice of claim by
a claimant to a contractor of a construction defect.



"Claimant" means any person, entity,
partnership, corporation, or association asserting a claim concerning an
alleged construction defect.



"Common area" means 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 association's declaration or bylaws.



"Construction defect" means a
deficiency in, or arising out of, the design, specifications, surveying,
planning, construction, supervision, or observation of construction of a
dwelling or premises.



"Contractor" means any person, firm,
partnership, corporation, association, or other organization that is engaged in
the business of designing, manufacturing, supplying products, developing, or
constructing a dwelling.



"Dwelling" means a single-family
house, duplex, or multi-family unit designed for residential use, including
common areas and improvements that are owned or maintained by an individual,
association, or other entity.



"Mediation" means a process in which
a mediator facilitates communication and negotiation between parties to assist
them in reaching a voluntary agreement regarding their dispute.



"Planned community" means a common
interest community, including condominiums and cooperative housing
corporations, and excluding time share plans.



"Premises" means a dwelling,
including common areas and improvements that are owned or maintained by any
person, firm, partnership, corporation, association, or other organization. 
"Premises" includes the systems, other component improvements, other
structures, or recreational facilities appurtenant to, but not necessarily a
part of, the dwelling or facility.



"Service" means personal service or
delivery by certified mail, return receipt requested, to the last known address
of the addressee. [L 2004, c 119, pt of §2; am L 2007, c 22, §2]