Title 33 – Property

Chapter 9 – Condominiums

Article 1 – General Provisions

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. “Assessment” means the share of monies that is required for the payment of common expenses and that the association assesses periodically against each unit.

5. “Association” or “unit owners’ association” means the unit owners’ association organized under section 33-1241.

6. “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.

7. “Bylaws” means the bylaws required by section 33-1246.

8. “Common elements” means all portions of a condominium other than the units.

9. “Common expense liability” means the liability for common expenses allocated to each unit pursuant to section 33-1217.

10. “Common expense lien” means the lien for assessments, charges for late payment of assessments if authorized in the declaration, reasonable collection fees and costs incurred or applied by the association and reasonable attorney fees and costs that are incurred with respect to those assessments, if the attorney fees and costs are awarded by a court.

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

12. “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.

13. “Condominium documents” means the declaration, bylaws, articles of incorporation, if any, and rules, if any.

14. “Declarant” means any person or group of persons who reserves, is granted or succeeds to any special declarant right.

15. “Declaration” means any instruments, however denominated, that create a condominium and any amendments to those instruments.

16. “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.

(c) Subdivide units, convert units into common elements or convert common elements into units.

(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.

17. “Identifying number” means a symbol or address that identifies one unit in a condominium.

18. “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.

19. “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.

20. “Person” means:

(a) A natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity.

(b) In the case of a subdivision trust, as defined in section 6-801, the beneficiary of the trust who holds the right to subdivide, develop or sell the real estate rather than the trust or trustee.

21. “Real estate”:

(a) 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.

(b) Includes parcels with or without upper or lower boundaries and spaces that may be filled with air or water.

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

23. “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.

(c) Maintain sales offices, management offices, signs advertising the condominium, and models.

(d) Use easements through the common elements for the purpose of making improvements within the condominium or within real estate that 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.

24. “Unit” means a portion of the condominium designated for separate ownership or occupancy.

25. “Unit owner” means:

(a) 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.

(b) In the case of a contract for conveyance, as defined in section 33-741, of real property, the purchaser of the unit.

26. “Unit owner expenses”:

(a) means fees, charges, late charges and monetary penalties or interest that is imposed pursuant to section 33-1242, subsection A, paragraphs 10, 11 and 12.

(b) does not include any amount that is included in a common expense lien.