Common Elements: all portions of the condominium other than the units.

Condominium Act: applies to all condominiums and to all horizontal property regimes or condominium projects.

Condominium: real property, and any incidents thereto or interests therein, lawfully submitted to this chapter by the recordation of condominium instruments pursuant to the provisions of this chapter. No project shall be deemed a condominium within the meaning of this chapter unless the undivided interests in the common elements are vested in the unit owners. 

Condominium Instruments: a collective term referring to the declaration, bylaws, and plats and plans, recorded pursuant to the provisions of this chapter. Any exhibit, schedule, or certification accompanying a condominium instrument and recorded simultaneously therewith shall be deemed an integral part of that condominium instrument. Any amendment or certification of any condominium instrument shall, from the time of the recordation of such amendment or certification, be deemed an integral part of the affected condominium instrument, so long as such amendment or certification was made in accordance with the provisions of this chapter. 

Condominium Unit: a unit together with the undivided interest in the common elements appertaining to that unit. 

Declarant: any person, or group of persons acting in concert, that (i) offers to dispose of his or its interest in a condominium unit not previously disposed of, including an institutional lender which may not have succeeded to or accepted any special declarant rights pursuant to § 55-79.74:3; (ii) reserves or succeeds to any special declarant right; or (iii) applies for registration of the condominium. However, for the purposes of clauses (i) and (iii), the term “declarant” shall not include an institutional lender which acquires title by foreclosure or deed in lieu thereof unless such lender offers to dispose of its interest in a condominium unit not previously disposed of to anyone not in the business of selling real estate for his own account, except as otherwise provided in § 55-79.74:3. The term “declarant” shall not include an individual who acquires title to a condominium unit at a foreclosure sale.

Executive Organ: an executive and administrative entity, by whatever name denominated, designated in the condominium instruments as the governing body of the unit owners’ association. 

Limited Common Element: a portion of the common elements reserved for the exclusive use of those entitled to the use of one or more, but less than all, of the units. 

Master Insurance: a master casualty policy affording fire and extended coverage in an amount consonant with the full replacement value of the structures within the condominium, or of such structures that in whole or in part comprise portions of the common elements and a master liability policy, in an amount specified by the condominium instruments, covering the unit owners’ association, the executive organ, if any, the managing agent, if any, all persons acting or who may come to act as agents or employees of any of the foregoing with respect to the condominium, and all unit owners and other persons entitled to occupy any unit or other portion of the condominium. Other policies as may be required by the condominium instruments, including, without limitation, workers’ compensation insurance, liability insurance on motor vehicles owned by the unit owners’ association, and specialized policies covering lands or improvements in which the unit owners’ association has or shares ownership or other rights. 

Par Value: a number of dollars or points assigned to each unit by the declaration. Substantially identical units shall be assigned the same par value, but units located at substantially different heights above the ground, or having substantially different views, or having substantially different amenities or other characteristics that might result in differences in market value, may, but need not, be considered substantially identical within the meaning of this subsection. If par value is stated in terms of dollars, that statement shall not be deemed to reflect or control the sales price or fair market value of any unit, and no opinion, appraisal, or fair market transaction at a different figure shall affect the par value of any unit, or any undivided interest in the common elements, voting rights in the unit owners’ association or liability for common expenses assigned on the basis thereof. 

Resale Certificate: a document prepared by the Unit Owner’s Association (UOA) or CIC manager of statutory mandated documents and statements regarding the UOA that a Seller, with limited exceptions, provides a Purchaser prior to settlement. A Purchaser may by statute cancel the purchase agreement within three (3) of receipt of the resale certificate.

Unit: a portion of the condominium designed and intended for individual ownership and use. (Cf. the definition of condominium unit, supra.) For the purposes of this chapter, a convertible space shall be treated as a unit in accordance with subsection (d) of § 55-79.62. 

Unit Owner: one or more persons who own a condominium unit, or, in the case of a leasehold condominium, whose leasehold interest or interests in the condominium extend for the entire balance of the unexpired term or terms. This term shall not include any person or persons holding an interest in a condominium unit solely as security for a debt.