CHAPTER 2. DEFINITIONS
IC 32-25-2
Chapter 2. Definitions
IC 32-25-2-1
Applicability of definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
As added by P.L.2-2002, SEC.10.
IC 32-25-2-2
"Association of co-owners"
Sec. 2. "Association of co-owners" means all the co-owners acting
as an entity in accordance with the:
(1) articles;
(2) bylaws; and
(3) declaration.
As added by P.L.2-2002, SEC.10.
IC 32-25-2-3
"Building"
Sec. 3. "Building" means a structure containing:
(1) at least two (2) condominium units; or
(2) at least two (2) structures containing at least one (1)
condominium unit.
As added by P.L.2-2002, SEC.10.
IC 32-25-2-4
"Common areas and facilities"
Sec. 4. "Common areas and facilities", unless otherwise provided
in the declaration or lawful amendments to the declaration, means:
(1) the land on which the building is located;
(2) the building:
(A) foundations;
(B) columns;
(C) girders;
(D) beams;
(E) supports;
(F) main walls;
(G) roofs;
(H) halls;
(I) corridors;
(J) lobbies;
(K) stairs;
(L) stairways;
(M) fire escapes;
(N) entrances; and
(O) exits;
(3) the:
(A) basements;
(B) yards;
(C) gardens;
(D) parking areas;
(E) storage spaces;
(F) swimming pools; and
(G) other recreational facilities;
(4) the premises for the lodging of:
(A) janitors; or
(B) persons in charge of the property;
(5) installations of central services, such as:
(A) power;
(B) light;
(C) gas;
(D) hot and cold water;
(E) heating;
(F) refrigeration;
(G) air conditioning; and
(H) incinerating;
(6) the:
(A) elevators;
(B) tanks;
(C) pumps;
(D) motors;
(E) fans;
(F) compressors;
(G) ducts;
(H) apparatus; and
(I) installations;
existing for common use;
(7) community and commercial facilities provided for in the
declaration; and
(8) all other parts of the property:
(A) necessary or convenient to its:
(i) existence;
(ii) maintenance; and
(iii) safety; or
(B) normally in common use.
As added by P.L.2-2002, SEC.10.
IC 32-25-2-5
"Common expenses"
Sec. 5. "Common expenses" means:
(1) all sums lawfully assessed against the co-owners by the
association of co-owners;
(2) expenses of:
(A) administration;
(B) maintenance;
(C) repair; or
(D) replacement;
of the common areas and facilities;
(3) expenses agreed upon as common expenses by the
association of co-owners; and
(4) expenses declared common expenses by:
(A) this article;
(B) the declaration; or
(C) the bylaws.
As added by P.L.2-2002, SEC.10. Amended by P.L.2-2005, SEC.84.
IC 32-25-2-6
"Common profits"
Sec. 6. "Common profits" means the balance remaining, after the
deduction of the common expenses, of all:
(1) income;
(2) rents;
(3) profits; and
(4) revenues;
from the common areas and facilities.
As added by P.L.2-2002, SEC.10.
IC 32-25-2-7
"Condominium"
Sec. 7. "Condominium" means real estate:
(1) lawfully subjected to this article by the recordation of
condominium instruments; and
(2) with respect to which the undivided interests in the common
areas and facilities are vested in the condominium unit owners.
As added by P.L.2-2002, SEC.10. Amended by P.L.2-2005, SEC.85.
IC 32-25-2-8
"Condominium instruments"
Sec. 8. "Condominium instruments" means:
(1) the:
(A) declaration;
(B) bylaws;
(C) plats; and
(D) floor plans;
of the condominium; and
(2) any exhibits or schedules to the items listed in subdivision
(1).
As added by P.L.2-2002, SEC.10.
IC 32-25-2-9
"Condominium unit"
Sec. 9. "Condominium unit" means:
(1) an enclosed space:
(A) that consists of one (1) or more rooms occupying all or
part of a floor or floors in a structure of one (1) or more
floors or stories, regardless of whether the enclosed space is
designed:
(i) as a residence;
(ii) as an office;
(iii) for the operation of any industry or business; or
(iv) for any other type of independent use; and
(B) that has:
(i) a direct exit to a public street or highway; or
(ii) an exit to a thoroughfare or to a given common space
leading to a thoroughfare; and
(2) the undivided interest in the common elements appertaining
to an enclosed space referred to in subdivision (1).
As added by P.L.2-2002, SEC.10.
IC 32-25-2-10
"Contractable condominium"
Sec. 10. "Contractable condominium" means a condominium from
which one (1) or more portions of the condominium real estate may
be withdrawn.
As added by P.L.2-2002, SEC.10.
IC 32-25-2-11
"Co-owner"
Sec. 11. "Co-owner" means a person who owns:
(1) a condominium unit in fee simple; and
(2) an undivided interest in the common areas and facilities;
in the percentage established in the declaration.
As added by P.L.2-2002, SEC.10.
IC 32-25-2-12
"Declarant"
Sec. 12. "Declarant" means any person who:
(1) executes or proposes to execute a declaration; or
(2) executes an amendment to a declaration to expand an
expandable condominium.
As added by P.L.2-2002, SEC.10.
IC 32-25-2-13
"Declaration"
Sec. 13. "Declaration" means the instrument by which the
property is submitted to this article. The term refers to a declaration
as it may be lawfully amended from time to time.
As added by P.L.2-2002, SEC.10.
IC 32-25-2-14
"Expandable condominium"
Sec. 14. "Expandable condominium" means a condominium to
which real estate may be added.
As added by P.L.2-2002, SEC.10.
IC 32-25-2-15
"Limited common areas and facilities"
Sec. 15. "Limited common areas and facilities" means the
common areas and facilities designated in the declaration as reserved
for use of:
(1) a certain condominium unit; or
(2) certain condominium units;
to the exclusion of the other condominium units.
As added by P.L.2-2002, SEC.10.
IC 32-25-2-16
"Majority" or "majority of co-owners"
Sec. 16. "Majority" or "majority of co-owners" means the
co-owners with at least fifty-one percent (51%) of the votes, in
accordance with the percentages assigned in the declaration to the
condominium units for voting purposes.
As added by P.L.2-2002, SEC.10.
IC 32-25-2-17
"Person"
Sec. 17. "Person" means:
(1) an individual;
(2) a firm;
(3) a corporation;
(4) a partnership;
(5) an association;
(6) a trust;
(7) any other legal entity; or
(8) any combination of the entities listed in subdivisions (1)
through (7).
As added by P.L.2-2002, SEC.10.
IC 32-25-2-18
"Property"
Sec. 18. "Property" means:
(1) the land;
(2) the building;
(3) all improvements and structures on the land or the building;
and
(4) all:
(A) easements;
(B) rights; and
(C) appurtenances;
pertaining to the land or the building.
As added by P.L.2-2002, SEC.10.
IC 32-25-2-19
"To record"
Sec. 19. "To record" means to record in accordance with the laws
of the state.
As added by P.L.2-2002, SEC.10.
IC 32-25-2-20
"Unit number"
Sec. 20. "Unit number" means the:
(1) number;
(2) letter; or
(3) combination of numbers and letters;
designating the condominium unit in the declaration.
As added by P.L.2-2002, SEC.10.