In this chapter, unless the context otherwise requires,
(1) “apartment” means a part of the property intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors, or part or parts of the floors, in a building, regardless of whether or not it is destined for a residence, an office, the operation of any industry or business, or for any other use not prohibited by law, and that has a direct exit to a public street or highway, or to a common area leading to the street or highway; and the boundaries of an apartment are the interior surfaces of the perimeter walls, floors, ceilings, windows, and doors thereof, and the apartment includes both the portions of the building so described and the airspace so encompassed; and interpreting declarations, deeds, and plans, the existing physical boundaries of the apartment as originally constructed or as reconstructed in substantial accordance with the original plans shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed or depicted in the declaration, deed, or plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown in the declaration, deed, or plan and those of apartments in the building;
(2) “apartment number” means the number, letter, or a combination of them, designating the apartment in the recorded declaration;
(3) “apartment owner” means the person or persons owning an apartment in fee simple absolute or qualified, or by way of a periodic estate, or in any other manner in which real property may be owned in this state, together with an undivided interest in a like estate of the common areas and facilities in the percentage specified and established in the recorded declaration;
(4) “association of apartment owners” means all of the apartment owners acting as a group in accordance with the bylaws and with the recorded declaration;
(5) “building” means a building, containing two or more apartments, or two or more buildings each containing two or more apartments, and comprising a part of the property;
(6) “common areas and facilities” unless otherwise provided in the recorded declaration includes
(A) the land on which the building is located;
(B) the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, and entrances and exits of the building;
(C) the basements, yards, gardens, parking areas, and storage spaces;
(D) the premises for the lodging of janitors or persons in charge of the property;
(E) the installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, and incinerating;
(F) the elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use;
(G) the community and commercial facilities as provided for in the recorded declaration;
(H) all other parts of the property necessary or convenient to its existence, maintenance, and safety, or normally in common use;
(7) “common expenses” includes
(A) all sums lawfully assessed against the apartment owners by the association of apartment owners;
(B) expenses of administration, maintenance, repair, or replacement of the common areas and facilities;
(C) expenses agreed upon as common expenses by the association of apartment owners;
(D) expenses declared common expenses by the provisions of this chapter, or by the recorded declaration, or by the bylaws;
(8) “common profits” means the balance of all income, rents, profits, and revenues from the common areas and facilities remaining after the deduction of the common expenses;
(9) “declaration” means the instrument by which the property is submitted to provisions of this chapter and as it may be, from time to time amended;
(10) “land” means the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance, and includes free or occupied space for an indefinite distance upwards as well as downwards, subject to limitations upon the use of airspace imposed, and rights in the use of the airspace granted by the laws of the state or of the United States;
(11) “limited common areas and facilities” includes those common areas and facilities designated in the recorded declaration, as reserved for use of certain apartment or apartments to the exclusion of the other apartments;
(12) “majority” or “majority of apartment owners” means the apartment owners with 51 percent or more of the votes in accordance with the percentages assigned in the recorded declaration to the apartments for voting purposes;
(13) “property” means the land, the building, all its improvements and structures, all owned in fee simple absolute or qualified or by way of a periodic estate, or in any other manner in which real property may be owned in the state, and all easements, rights, and appurtenances belonging to it, none of which shall be considered as a security or security interest, and all articles of personalty intended for use in connection with it, that have been or are intended to be submitted to this chapter.
Other Sections in this Chapter:
- Sec. 34.07.010. This chapter applicable only if declaration executed and recorded.
- Sec. 34.07.020. Contents of declaration.
- Sec. 34.07.030. Filing and recording of survey map and floor plans with verified statement.
- Sec. 34.07.040. Amendment to declaration in place of verified statement by architect or engineer regarding floor plans.
- Sec. 34.07.050. Form of floor plans.
- Sec. 34.07.060. Survey map and floor plans subject to state and local laws.
- Sec. 34.07.070. Recording of instruments affecting horizontal property regimes.
- Sec. 34.07.080. Apartment classified as real property.
- Sec. 34.07.090. Apartment ownership and possession.
- Sec. 34.07.100. Separation of apartment ownership from common areas and facilities ownership prohibited.
- Sec. 34.07.110. Release or partial release from encumbrance affecting apartment with first conveyance; partial waiver of lien claims.
- Sec. 34.07.120. Liability of grantee for unpaid common expenses at time of conveyance.
- Sec. 34.07.130. Person obtaining possession upon foreclosure of apartment not liable for common expenses.
- Sec. 34.07.140. Grantee entitled to statement of unpaid assessments.
- Sec. 34.07.150. Contents of apartment deed.
- Sec. 34.07.160. Common areas and facilities ownership.
- Sec. 34.07.170. Nonexclusive easement to use common areas and facilities.
- Sec. 34.07.180. Alteration of common areas and facilities ownership.
- Sec. 34.07.190. Partition of common areas and facilities ownership prohibited.
- Sec. 34.07.200. Maintenance, repair, and replacement of common areas and facilities.
- Sec. 34.07.210. Waiver of liability for share of common expenses prohibited.
- Sec. 34.07.220. Collection of unpaid common expenses from apartment owner.
- Sec. 34.07.230. Unpaid common expense is lien on apartment; order of lien priority.
- Sec. 34.07.240. Common expense lien foreclosure.
- Sec. 34.07.250. Action to recover a judgment for unpaid common expenses does not waive lien.
- Sec. 34.07.260. Causes of action relating to common areas and facilities.
- Sec. 34.07.270. Service of process on two or more apartment owners.
- Sec. 34.07.280. Receipts and expenditures records to be kept.
- Sec. 34.07.290. Examination by apartment owner of receipts and expenditures.
- Sec. 34.07.300. Determination to be made by apartment owners if property destroyed.
- Sec. 34.07.310. Action for partition if apartment owners fail to act.
- Sec. 34.07.320. Distribution of funds from partition sale.
- Sec. 34.07.330. Removal of property from the provisions of this chapter.
- Sec. 34.07.340. Ownership of property upon removal from the provisions of this chapter.
- Sec. 34.07.350. Removal of property does not bar subsequent resubmission under this chapter.
- Sec. 34.07.360. Strict compliance with bylaws by apartment owner necessary.
- Sec. 34.07.370. Unanimous consent of all apartment owners needed for certain work on individual apartment.
- Sec. 34.07.380. Common profits and expenses shared by apartment owners.
- Sec. 34.07.390. Persons subject to this chapter.
- Sec. 34.07.400. Insurance of property.
- Sec. 34.07.410. Liens against property, apartments, common areas, and facilities.
- Sec. 34.07.420. Removal of lien against two or more apartments.
- Sec. 34.07.430. Assessment and taxation of apartments.
- Sec. 34.07.440. Interpretation of local ordinances, resolutions, or zoning laws.
- Sec. 34.07.460. Short title.