Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.
In the declaration and bylaws, 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.
(i) A person “controls” a declarant if the person:
(A) Is a general partner, officer, director, or employer of the
declarant,
(B) 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
(20%) of the voting interest in the declarant,
(C) Controls in any manner the election of a majority of the directors
of the declarant, or
(D) Has contributed more than twenty percent (20%) of the capital of the
declarant.
(ii) A person “is controlled by” a declarant if the declarant:
(A) Is a general partner, officer, director, or employer of the person,
(B) 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
(20%) of the voting interest in the person,
(C) Controls in any manner the election of a majority of the directors
of the person, or
(D) Has contributed more than twenty percent (20%) of the capital of the
person.
(iii) Control does not exist if the powers described in this subdivision
are held solely as security for an obligation and are not exercised.
(2) “Allocated interests” means the undivided interest in the common
elements, the common expense liability, and votes in the association
allocated to each unit.
(3) “Association” or “unit owners’ association” means the unit owners’
association organized under § 34-36.1-3.01.
(4) “Common elements” means all portions of a condominium other than the
units.
(5) “Common expenses” means expenditures made by or financial
liabilities of the association, together with any allocations to
reserves.
(6) “Common expense liability” means the liability for common expenses
allocated to each unit pursuant to § 34-36.1-2.07.
(7)(i) “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 those portions. Real estate is
not a condominium unless the undivided interests in the common elements
are vested in the unit owners.
(ii) Provided that each unit owner has a vested, undivided interest in
the common elements greater that 0.0 percent, no minimum percentage
interest in the common elements is otherwise required by this chapter.
(8) “Conversion building” means a building that at any time before
creation of the condominium was occupied wholly or partially by persons
other than purchasers and persons who occupy with the consent of
purchasers.
(9) “Declarant” means any person or group of persons acting in concert
who:
(i) As part of a common promotional plan, offers to dispose of his, her
or its interest in a unit not previously disposed of; or
(ii) Reserves or succeeds to any special declarant right.
(10) “Declaration” means any instruments, however denominated, that
create a condominium, and any amendments to those instruments.
(11) “Development rights” means any right or combination of rights
reserved by a declarant in the declaration to:
(A) Add real estate to a condominium,
(B) Create units, common elements, or limited common elements within a
condominium,
(C) Subdivide units or convert units into common elements, or
(D) Withdraw real estate from a condominium.
(12) “Person with a disability” means any person who is unable to engage
in any substantial gainful activity by reason of any medically
determinable physical or mental impairment which can be expected to
result in death or has lasted or can be expected to last for a
continuous period of not less than twelve (12) months or any person
having an impairment of mobility or vision which is expected to be of at
least twelve (12) months duration, and is a substantial impediment to
his or her ability to live independently.
(13) “Dispose” or “disposition” means a voluntary transfer to a
purchaser of any legal or equitable interest in a unit, but does not
include the transfer or release of a security interest.
(14) “Executive board” means the body, regardless of name, designated in
the declaration to act on behalf of the association.
(15) [Deleted by P.L. 1999, ch. 83, § 80, and P.L. 1999, ch. 130, § 80
which enacted identical amendments to this section.]
(16) “Identifying number” means a symbol or address that identifies only
one unit in a condominium.
(17) “Land only units” shall mean units designated as land only units on
the plats and plans which units may be comprised entirely or partially
of unimproved real property and the air space above the real property.
The boundaries of a land only unit are to be described pursuant to §
34-36.1-2.05(a)(5). Land only units may, but need not, contain a
physical structure. The declaration may provide for the conversion of
land only units to other types of units and/or common elements provided
the conversion shall be effective only upon the recording of an
amendment to the declaration which amendment will include new plats and
plans identifying any portion of the land only unit converted to another
type of unit and/or common element.
(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
allocated by the declaration or by operation of § 34-36.1-2.02(2) or (4)
for the exclusive use of one or more but fewer than all of the units.
(20) “Master association” means an organization described in §
34-36.1-2.20, whether or not it is also an association described in §
34-36.1-3.01.
(21) “Offering” means any advertisement, inducement, solicitation, or
attempt to encourage any person to acquire any interest in a unit, other
than as security for an obligation. An advertisement in a newspaper or
other periodical of general circulation, or in any broadcast medium to
the general public, of a condominium not located in this state, is not
an offering if the advertisement states that an offering may be made
only in compliance with the law of the jurisdiction in which the
condominium is located.
(22) “Person” means a natural person, corporation, business trust,
estate, trust, partnership, association, joint venture, government,
governmental subdivision or agency, or other legal or commercial entity.
(In the case of a land trust, however, “person” means the beneficiary of
the trust rather than the trust or the trustee.)
(23) “Purchaser” means any person, other than a declarant or a person in
the business of selling real estate for his or her own account, who by
means of a voluntary transfer acquires a legal or equitable interest in
a unit other than:
(i) A leasehold interest including renewal options of less than twenty
(20) years, or
(ii) As security for an obligation.
(24) “Real estate” means any 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. “Real estate” includes parcels with or without
upper or lower boundaries, and spaces that may be filled with air or
water.
(25) “Residential purposes” means use for dwelling or recreational
purposes, or both.
(26) “Special declarant rights” means rights reserved for the benefit of
a declarant to:
(i) Complete improvements indicated on plats and plans filed with the
declaration, (§ 34-36.1-2.09),
(ii) To exercise any development right, (§ 34-36.1-2.10),
(iii) To maintain sales offices, management offices, signs advertising
the condominium, and models, (§ 34-36.1-2.15),
(iv) To use easements through the common elements for the purpose of
making improvements within the condominium or within real estate which
may be added to the condominium, (§ 34-36.1-2.16),
(v) To make the condominium part of a larger condominium or a planned
community, (§ 34-36.1-2.21),
(vi) To make the condominium subject to a master association, (§
34-36.1-2.20),
(vii) Or to appoint or remove any officer of the association or any
master association or any executive board member during any period of
declarant control, (§ 34-36.1-3.03(d)).
(27) “Time share” means a right to occupy a unit or any of several units
during five (5) or more separated time periods over a period of at least
five (5) years, including renewal options, whether or not coupled with
an estate or interest in a condominium or a specified portion thereof.
(28) “Unit” means a physical portion of the condominium designated for
separate ownership or occupancy, the boundaries of which are described
pursuant to § 34-36.1-2.05(a)(5).
(29) “Unit owner” means a declarant or other person who owns a unit, or
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.