60-503.

§60-503.


    Unless it is plainly evident from the context that a different
meaning is intended, as used herein:
    (a) "Declaration" means the instrument, duly recorded, by which
the property is submitted to the provisions of this act, as
hereinafter provided, and such declaration as may be amended from
time to time;
    (b) "Unit" means an enclosed space consisting of one or more
rooms occupying all or part of a floor or floors in a building of one
or more floors or stories regardless of whether it be designed for
residence, for office, for the operation of any industry or business,
or for any other type of independent use, provided it has a direct
exit to a thoroughfare or to a given common space leading to a
thoroughfare; if so provided in the declaration, a unit may include
some portion of the land constituting a part of the condominium
property and improvements thereon not a part of the common elements.
A unit may include a series of buildings, not connected or part of
same structure if such is the intent of the owners of the unit
estate.  This act, and any deed, declaration or plan for a
condominium project shall be liberally construed to facilitate the
establishment and operation of the project and provisions of any of
the same shall be presumed to be independent and severable;
    (c) "Unit designation" means the number, letter or combination
thereof designating the unit in the declaration;
    (d) "Building" means one or more buildings or structures
comprising a part of the property;
    (e) "Unit owner" means a person owning a unit within the
building;
    (f) "Person" means an individual, corporation, partnership,
association, trust or other legal entity, or any combination thereof;
    (g) "Unit ownership estate" means the ownership of single units
in a multi-unit building together with an undivided interest in the
common elements;
    (h) "Common elements" means and includes the general common
elements and limited common elements.  The term common elements does
not include unconstructed units unless otherwise specified in the
declaration or by the consent of the owners pursuant to the Unit
Ownership Estate Act;
    (i) Unless otherwise provided in the declaration or by consent of
all the unit owners, "general common elements" means and includes:
     (1) The land, whether leased or in fee simple, on which the
building stands and such other land and improvements thereon as may
be specifically included in the declaration, except any portion
thereof included in a unit;
     (2) The foundations, columns, girders, beams, supports, main
walls, roofs, halls, corridors, lobbies, stairs, stairways, fire
escapes, and entrances and exits of the building;
     (3) The basements, yards, gardens, parking areas and storage
spaces;
     (4) The premises for the lodging of janitors or persons in
charge of the property as hereinafter defined;
     (5) Installations of central services such as power, light, gas,
hot and cold water, heating refrigeration, air conditioning and
incinerating;
     (6) The elevators, tanks, pumps, motors, fans, compressors,
ducts and in general, all apparatus and installations existing for
common use;
     (7) Such community and commercial facilities as may be provided
for in the declaration; and
     (8) All other elements of the property necessary or convenient
to its existence, maintenance and safety, or normally in common use;
     (j) "Limited common elements" means and includes those common
elements which are agreed upon by all the unit owners to be reserved
for the use of a certain number of units to the exclusion of the
other units, such as special corridors, stairways and elevators,
sanitary services common to the units of a particular floor, and the
like;
     (k) "Common expenses" means and includes:
     (1) Expenses of administration, maintenance, repair or
replacement of the common elements;
     (2) Expenses agreed upon as common by all the unit owners;
     (3) Expenses declared common by provisions of the act, or by the
declaration or the bylaws;
     (4) Expenses incident to limited common elements which shall be
borne as provided by the declaration or the bylaws;
     (l) "Common profits" means the balance of all income, rents,
profits and revenues from the common elements and facilities
remaining after the deduction of the common expenses;
     (m) "Council of unit owners" means all the unit owners;
     (n) "Majority of unit owners," means the owners of more than
fifty percent (50%) of the aggregate interest in the general common
elements as established by the declaration.  Any specified percentage
of unit owners means such percentage in the aggregate of such
undivided ownership;
     (o) "Recordation" means to file of record in the office of the
county clerk in the county where the land is situated, in the manner
provided by law for recordation of instruments affecting real estate;
     (p) "Property" means and includes the land, whether leasehold or
in fee simple, the building, all improvements and structures thereon,
and all easements, rights and appurtenances belonging thereto;
     (q)  "Declarant" means the owner or co-owners referred to in
Section 502 of this title who originally submitted the property to
the provisions of the Unit Ownership Estate Act by the filing of a
declaration as provided in Section 502 of this title, and their
successors who have been granted and have assumed the duties,
obligations and privileges and rights reserved to the original
declarant under the terms of the declaration;
     (r)  "Unconstructed unit" or "unconstructed building" means a
unit or building as the case may be, which is owned by the declarant
and shown on the plan attached to the declaration pursuant to Section
516 of this title, the construction of which has not been completed
by the declarant at the time of recordation of the declaration.  For
purposes of this chapter a building is completed upon the completion
of any unit in the building and a unit is completed when its
construction is finished to the point that it is ready for occupancy.