As used in the declaration and bylaws of an
association, unless specifically provided otherwise or unless the context otherwise
requires, and in this article:
(1) Affiliate of a declarant means any person who controls, is controlled by,
or is under common control with a declarant. A person controls a declarant if the
person: Is a general partner, officer, director, or employee of the declarant; directly
or indirectly, or acting in concert with one or more other persons or through one or
more subsidiaries, owns, controls, holds with power to vote, or holds proxies
representing more than twenty percent of the voting interests of the declarant;
controls in any manner the election of a majority of the directors of the declarant; or
has contributed more than twenty percent of the capital of the declarant. A person
is controlled by a declarant if the declarant: Is a general partner, officer, director, or
employee of the person; directly or indirectly, or acting in concert with one or more
other persons or through one or more subsidiaries, owns, controls, holds with power
to vote, or holds proxies representing more than twenty percent of the voting
interests of the person; controls in any manner the election of a majority of the
directors of the person; or has contributed more than twenty percent of the capital
of the person. Control does not exist if the powers described in this subsection (1)
are held solely as security for an obligation and are not exercised.
(2) Allocated interests means the following interests allocated to each
unit:
(a) In a condominium, the undivided interest in the common elements, the
common expense liability, and votes in the association;
(b) In a cooperative, the common expense liability and the ownership interest
and votes in the association; and
(c) In a planned community, the common expense liability and votes in the
association.
(2.5) Approved for development means that all or some portion of a
particular parcel of real property is zoned or otherwise approved for construction of
residential and other improvements and authorized for specified densities by the
local land use authority having jurisdiction over such real property and includes any
conceptual or final planned unit development approval.
(3) Association or unit owners' association means a unit owners'
association organized under section 38-33.3-301.
(4) Bylaws means any instruments, however denominated, which are
adopted by the association for the regulation and management of the association,
including any amendments to those instruments.
(5) Common elements means:
(a) In a condominium or cooperative, all portions of the condominium or
cooperative other than the units; and
(b) In a planned community, any real estate within a planned community
owned or leased by the association, other than a unit.
(6) Common expense liability means the liability for common expenses
allocated to each unit pursuant to section 38-33.3-207.
(7) Common expenses means expenditures made or liabilities incurred by
or on behalf of the association, together with any allocations to reserves.
(8) Common interest community means real estate described in a
declaration with respect to which a person, by virtue of such person's ownership of
a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance,
or improvement of other real estate described in a declaration. Ownership of a unit
does not include holding a leasehold interest in a unit of less than forty years,
including renewal options. The period of the leasehold interest, including renewal
options, is measured from the date the initial term commences.
(9) Condominium means a common interest community in which portions of
the real estate are designated for separate ownership and the remainder of which is
designated for common ownership solely by the owners of the separate ownership
portions. A common interest community is not a condominium unless the undivided
interests in the common elements are vested in the unit owners.
(10) Cooperative means a common interest community in which the real
property is owned by an association, each member of which is entitled by virtue of
such member's ownership interest in the association to exclusive possession of a
unit.
(11) Dealer means a person in the business of selling units for such person's
own account.
(12) Declarant means any person or group of persons acting in concert
who:
(a) As part of a common promotional plan, offers to dispose of to a purchaser
such declarant's interest in a unit not previously disposed of to a purchaser; or
(b) Reserves or succeeds to any special declarant right.
(13) Declaration means any recorded instruments however denominated,
that create a common interest community, including any amendments to those
instruments and also including, but not limited to, plats and maps.
(14) Development rights means any right or combination of rights reserved
by a declarant in the declaration to:
(a) Add real estate to a common interest community;
(b) Create units, common elements, or limited common elements within a
common interest community;
(c) Subdivide units or convert units into common elements; or
(d) Withdraw real estate from a common interest community.
(15) Dispose or disposition means a voluntary transfer of any legal or
equitable interest in a unit, but the term does not include the transfer or release of
a security interest.
(16) Executive board means the body, regardless of name, designated in
the declaration to act on behalf of the association.
(16.5) Horizontal boundary means a plane of elevation relative to a
described bench mark that defines either a lower or an upper dimension of a unit
such that the real estate respectively below or above the defined plane is not a part
of the unit.
(17) Identifying number means a symbol or address that identifies only one
unit in a common interest community.
(17.5) Large planned community means a planned community that meets
the criteria set forth in section 38-33.3-116.3 (1).
(18) Leasehold common interest community means a common interest
community in which all or a portion of the real estate is subject to a lease, the
expiration or termination of which will terminate the common interest community or
reduce its size.
(19) Limited common element means a portion of the common elements
allocated by the declaration or by operation of section 38-33.3-202 (1)(b) or (1)(d)
for the exclusive use of one or more units but fewer than all of the units.
(19.5) Map means that part of a declaration that depicts all or any portion
of a common interest community in three dimensions, is executed by a person that
is authorized by this title to execute a declaration relating to the common interest
community, and is recorded in the real estate records in every county in which any
portion of the common interest community is located. A map is required for a
common interest community with units having a horizontal boundary. A map and a
plat may be combined in one instrument.
(20) Master association means an organization that is authorized to
exercise some or all of the powers of one or more associations on behalf of one or
more common interest communities or for the benefit of the unit owners of one or
more common interest communities.
(21) Person means a natural person, a corporation, a partnership, an
association, a trust, or any other entity or any combination thereof.
(21.5) Phased community means a common interest community in which
the declarant retains development rights.
(22) Planned community means a common interest community that is not a
condominium or cooperative. A condominium or cooperative may be part of a
planned community.
(22.5) Plat means that part of a declaration that is a land survey plat as set
forth in section 38-51-106, depicts all or any portion of a common interest
community in two dimensions, is executed by a person that is authorized by this
title to execute a declaration relating to the common interest community, and is
recorded in the real estate records in every county in which any portion of the
common interest community is located. A plat and a map may be combined in one
instrument.
(23) Proprietary lease means an agreement with the association pursuant
to which a member is entitled to exclusive possession of a unit in a cooperative.
(24) Purchaser means a person, other than a declarant or a dealer, who by
means of a transfer acquires a legal or equitable interest in a unit, other than:
(a) A leasehold interest in a unit of less than forty years, including renewal
options, with the period of the leasehold interest, including renewal options, being
measured from the date the initial term commences; or
(b) A security interest.
(25) Real estate means any leasehold or other estate or interest in, over, or
under land, including structures, fixtures, and other improvements and interests
that, by custom, usage, or law, pass with a conveyance of land though not described
in the contract of sale or instrument of conveyance. Real estate includes parcels
with or without horizontal boundaries and spaces that may be filled with air or
water.
(26) Residential use means use for dwelling or recreational purposes but
does not include spaces or units primarily used for commercial income from, or
service to, the public.
(27) Rules and regulations means any instruments, however denominated,
which are adopted by the association for the regulation and management of the
common interest community, including any amendment to those instruments.
(28) Security interest means an interest in real estate or personal property
created by contract or conveyance which secures payment or performance of an
obligation. The term includes a lien created by a mortgage, deed of trust, trust
deed, security deed, contract for deed, land sales contract, lease intended as
security, assignment of lease or rents intended as security, pledge of an ownership
interest in an association, and any other consensual lien or title retention contract
intended as security for an obligation.
(29) Special declarant rights means rights reserved for the benefit of a
declarant to perform the following acts as specified in parts 2 and 3 of this article:
To complete improvements indicated on plats and maps filed with the declaration;
to exercise any development right; to maintain sales offices, management offices,
signs advertising the common interest community, and models; to use easements
through the common elements for the purpose of making improvements within the
common interest community or within real estate which may be added to the
common interest community; to make the common interest community subject to a
master association; to merge or consolidate a common interest community of the
same form of ownership; or to appoint or remove any officer of the association or
any executive board member during any period of declarant control.
(30) Unit means a physical portion of the common interest community
which is designated for separate ownership or occupancy and the boundaries of
which are described in or determined from the declaration. If a unit in a cooperative
is owned by a unit owner or is sold, conveyed, voluntarily or involuntarily
encumbered, or otherwise transferred by a unit owner, the interest in that unit
which is owned, sold, conveyed, encumbered, or otherwise transferred is the right
to possession of that unit under a proprietary lease, coupled with the allocated
interests of that unit, and the association's interest in that unit is not thereby
affected.
(31) Unit owner means the declarant or other person who owns a unit, or a
lessee of a unit in a leasehold common interest community whose lease expires
simultaneously with any lease, the expiration or termination of which will remove
the unit from the common interest community but does not include a person having
an interest in a unit solely as security for an obligation. In a condominium or planned
community, the declarant is the owner of any unit created by the declaration until
that unit is conveyed to another person; in a cooperative, the declarant is treated as
the owner of any unit to which allocated interests have been allocated pursuant to
section 38-33.3-207 until that unit has been conveyed to another person, who may
or may not be a declarant under this article.
(32) Vertical boundary means the defined limit of a unit that is not a
horizontal boundary of that unit.
(33) Xeriscape means the combined application of the seven principles of
landscape planning and design, soil analysis and improvement, hydro zoning of
plants, use of practical turf areas, uses of mulches, irrigation efficiency, and
appropriate maintenance under section 38-35.7-107 (1)(a)(III)(A).