(1) As used in this chapter:(1) (A) “Apartment” means a physical portion of the property that:(i) Is subject to a master deed designated for separate ownership or occupancy, the boundaries of which are described by the master deed and delineated on the plans provided for in § 18-13-105; and(ii) May be further subdivided into additional units or apartments by the establishment of a subordinate master deed.(B) Except as otherwise provided by the master deed or plans provided for in § 18-13-105:(i) If walls, floors, or ceilings are designated as boundaries of an apartment or unit, then all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting part of the finished surfaces are a part of the apartment or unit, and all other portions of the walls, floors, or ceilings are a part of the common elements of the apartment or unit;(ii) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture is partially within and partially outside the designated boundaries of the apartment or unit, then the portion serving only that apartment or unit is a limited common element allocated solely to that apartment or unit, and the portion serving more than one (1) apartment or unit or the common elements is a part of the general common elements;(iii) Subject to subdivision (1)(B)(ii) of this section, the spaces, interior partitions, and other fixtures and improvements within the boundaries of an apartment or unit are a part of the apartment or unit; and(iv) Shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, exterior doors, and exterior windows or other fixtures designed to serve a single apartment or unit, but located outside the apartment or unit's boundaries, are limited common elements allocated exclusively to that apartment or unit.(C) “Apartment” includes a unit;(2) (A) (i) “Common elements” means all portions of a condominium other than the apartments or units as stated in the master deed.(ii) “Common elements” includes both general common elements and limited common elements.(B) Subject to the master deed, a declarant has an easement through the common elements as may be reasonably necessary for discharging the declarant's obligations or exercising special declarant rights whether or not arising under this chapter or reserved by the master deed;(3) “Co-owner” means a person, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof, who owns an apartment within the building;(4) (A) “Council of co-owners” means all the co-owners as defined in subdivision (2) of this section.(B) However, except as otherwise provided in this chapter, a majority of co-owners, as defined in subdivision (6) of this section, shall constitute a quorum for the adoption of decisions;(5) “Declarant” means a person, group of persons, entity, or group of entities, acting in concert, that:(A) As part of a common promotional plan, offers to dispose of the person's interest in an apartment or unit not previously disposed of; or(B) Reserves or succeeds to any development right under a master deed;(6) “Development rights” means a right or combination of rights reserved by a declarant in the master deed, without necessity of consent by any other apartment owner or unit owner, to:(A) Add real property to a master deed;(B) Create an apartment or unit, common elements, or limited common elements by amendment to a master deed;(C) Subdivide an apartment or unit, or convert an apartment or unit into common elements by amendment to a master deed;(D) Withdraw real property from a master deed;(E) Complete improvements indicated on plans under § 18-13-105;(F) Make the horizontal property regime part of another development;(G) Maintain sales, management, leasing offices, and signs advertising the horizontal property regime and models;(H) Amend a master deed to comply with mortgage underwriting requirements; or(I) Use an easement through the common elements for the purpose of making improvements within the horizontal property regime or within real property that may be added to the horizontal property regime;(7) “General common elements” means the common elements that are not limited common elements;(8) “Limited common elements” means a portion of the common elements allocated by the master deed or by operation of an apartment under subdivision (1) of this section for the exclusive use of one (1) or more owners but less than all of the owners;(9) “Majority of co-owners” means fifty-one percent (51%) or more of the basic value of the property as a whole, in accordance with the percentages computed in accordance with the provisions of § 18-13-112;(10) “Master deed” means the deed establishing the horizontal property regime;(11) “Person” means an individual, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof;(12) “Property” means the land, the building, all improvements and structures thereon, and all easements, rights, and appurtenances belonging thereto;(13) “To record” means to record in accordance with the provisions of §§ 14-15-402, 14-15-404, 14-15-407 — 14-15-417, and 16-46-101 or other applicable recording statutes; and(14) All pronouns include the male, female, and neuter genders and include the singular or plural numbers, as the case may be.
(1) (A) “Apartment” means a physical portion of the property that:(i) Is subject to a master deed designated for separate ownership or occupancy, the boundaries of which are described by the master deed and delineated on the plans provided for in § 18-13-105; and(ii) May be further subdivided into additional units or apartments by the establishment of a subordinate master deed.(B) Except as otherwise provided by the master deed or plans provided for in § 18-13-105:(i) If walls, floors, or ceilings are designated as boundaries of an apartment or unit, then all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting part of the finished surfaces are a part of the apartment or unit, and all other portions of the walls, floors, or ceilings are a part of the common elements of the apartment or unit;(ii) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture is partially within and partially outside the designated boundaries of the apartment or unit, then the portion serving only that apartment or unit is a limited common element allocated solely to that apartment or unit, and the portion serving more than one (1) apartment or unit or the common elements is a part of the general common elements;(iii) Subject to subdivision (1)(B)(ii) of this section, the spaces, interior partitions, and other fixtures and improvements within the boundaries of an apartment or unit are a part of the apartment or unit; and(iv) Shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, exterior doors, and exterior windows or other fixtures designed to serve a single apartment or unit, but located outside the apartment or unit's boundaries, are limited common elements allocated exclusively to that apartment or unit.(C) “Apartment” includes a unit;
(A) “Apartment” means a physical portion of the property that:(i) Is subject to a master deed designated for separate ownership or occupancy, the boundaries of which are described by the master deed and delineated on the plans provided for in § 18-13-105; and(ii) May be further subdivided into additional units or apartments by the establishment of a subordinate master deed.
(i) Is subject to a master deed designated for separate ownership or occupancy, the boundaries of which are described by the master deed and delineated on the plans provided for in § 18-13-105; and
(ii) May be further subdivided into additional units or apartments by the establishment of a subordinate master deed.
(B) Except as otherwise provided by the master deed or plans provided for in § 18-13-105:(i) If walls, floors, or ceilings are designated as boundaries of an apartment or unit, then all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting part of the finished surfaces are a part of the apartment or unit, and all other portions of the walls, floors, or ceilings are a part of the common elements of the apartment or unit;(ii) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture is partially within and partially outside the designated boundaries of the apartment or unit, then the portion serving only that apartment or unit is a limited common element allocated solely to that apartment or unit, and the portion serving more than one (1) apartment or unit or the common elements is a part of the general common elements;(iii) Subject to subdivision (1)(B)(ii) of this section, the spaces, interior partitions, and other fixtures and improvements within the boundaries of an apartment or unit are a part of the apartment or unit; and(iv) Shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, exterior doors, and exterior windows or other fixtures designed to serve a single apartment or unit, but located outside the apartment or unit's boundaries, are limited common elements allocated exclusively to that apartment or unit.
(i) If walls, floors, or ceilings are designated as boundaries of an apartment or unit, then all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting part of the finished surfaces are a part of the apartment or unit, and all other portions of the walls, floors, or ceilings are a part of the common elements of the apartment or unit;
(ii) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture is partially within and partially outside the designated boundaries of the apartment or unit, then the portion serving only that apartment or unit is a limited common element allocated solely to that apartment or unit, and the portion serving more than one (1) apartment or unit or the common elements is a part of the general common elements;
(iii) Subject to subdivision (1)(B)(ii) of this section, the spaces, interior partitions, and other fixtures and improvements within the boundaries of an apartment or unit are a part of the apartment or unit; and
(iv) Shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, exterior doors, and exterior windows or other fixtures designed to serve a single apartment or unit, but located outside the apartment or unit's boundaries, are limited common elements allocated exclusively to that apartment or unit.
(C) “Apartment” includes a unit;
(2) (A) (i) “Common elements” means all portions of a condominium other than the apartments or units as stated in the master deed.(ii) “Common elements” includes both general common elements and limited common elements.(B) Subject to the master deed, a declarant has an easement through the common elements as may be reasonably necessary for discharging the declarant's obligations or exercising special declarant rights whether or not arising under this chapter or reserved by the master deed;
(A) (i) “Common elements” means all portions of a condominium other than the apartments or units as stated in the master deed.(ii) “Common elements” includes both general common elements and limited common elements.
(i) “Common elements” means all portions of a condominium other than the apartments or units as stated in the master deed.
(ii) “Common elements” includes both general common elements and limited common elements.
(B) Subject to the master deed, a declarant has an easement through the common elements as may be reasonably necessary for discharging the declarant's obligations or exercising special declarant rights whether or not arising under this chapter or reserved by the master deed;
(3) “Co-owner” means a person, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof, who owns an apartment within the building;
(4) (A) “Council of co-owners” means all the co-owners as defined in subdivision (2) of this section.(B) However, except as otherwise provided in this chapter, a majority of co-owners, as defined in subdivision (6) of this section, shall constitute a quorum for the adoption of decisions;
(A) “Council of co-owners” means all the co-owners as defined in subdivision (2) of this section.
(B) However, except as otherwise provided in this chapter, a majority of co-owners, as defined in subdivision (6) of this section, shall constitute a quorum for the adoption of decisions;
(5) “Declarant” means a person, group of persons, entity, or group of entities, acting in concert, that:(A) As part of a common promotional plan, offers to dispose of the person's interest in an apartment or unit not previously disposed of; or(B) Reserves or succeeds to any development right under a master deed;
(A) As part of a common promotional plan, offers to dispose of the person's interest in an apartment or unit not previously disposed of; or
(B) Reserves or succeeds to any development right under a master deed;
(6) “Development rights” means a right or combination of rights reserved by a declarant in the master deed, without necessity of consent by any other apartment owner or unit owner, to:(A) Add real property to a master deed;(B) Create an apartment or unit, common elements, or limited common elements by amendment to a master deed;(C) Subdivide an apartment or unit, or convert an apartment or unit into common elements by amendment to a master deed;(D) Withdraw real property from a master deed;(E) Complete improvements indicated on plans under § 18-13-105;(F) Make the horizontal property regime part of another development;(G) Maintain sales, management, leasing offices, and signs advertising the horizontal property regime and models;(H) Amend a master deed to comply with mortgage underwriting requirements; or(I) Use an easement through the common elements for the purpose of making improvements within the horizontal property regime or within real property that may be added to the horizontal property regime;
(A) Add real property to a master deed;
(B) Create an apartment or unit, common elements, or limited common elements by amendment to a master deed;
(C) Subdivide an apartment or unit, or convert an apartment or unit into common elements by amendment to a master deed;
(D) Withdraw real property from a master deed;
(E) Complete improvements indicated on plans under § 18-13-105;
(F) Make the horizontal property regime part of another development;
(G) Maintain sales, management, leasing offices, and signs advertising the horizontal property regime and models;
(H) Amend a master deed to comply with mortgage underwriting requirements; or
(I) Use an easement through the common elements for the purpose of making improvements within the horizontal property regime or within real property that may be added to the horizontal property regime;
(7) “General common elements” means the common elements that are not limited common elements;
(8) “Limited common elements” means a portion of the common elements allocated by the master deed or by operation of an apartment under subdivision (1) of this section for the exclusive use of one (1) or more owners but less than all of the owners;
(9) “Majority of co-owners” means fifty-one percent (51%) or more of the basic value of the property as a whole, in accordance with the percentages computed in accordance with the provisions of § 18-13-112;
(10) “Master deed” means the deed establishing the horizontal property regime;
(11) “Person” means an individual, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof;
(12) “Property” means the land, the building, all improvements and structures thereon, and all easements, rights, and appurtenances belonging thereto;
(13) “To record” means to record in accordance with the provisions of §§ 14-15-402, 14-15-404, 14-15-407 — 14-15-417, and 16-46-101 or other applicable recording statutes; and
(14) All pronouns include the male, female, and neuter genders and include the singular or plural numbers, as the case may be.