Title 44, Chapter 3, Section 71
As used in this article, the term:
(1) "Additional property" means any property which may be added to
an expandable condominium in accordance with the provisions of the
declaration and this article.
(2) "Association" means a corporation formed for the purpose of
exercising the powers of the association of any condominium
created pursuant to this article.
(3) "Board of directors" or "board" means an executive and
administrative body, by whatever name denominated, designated in
the condominium instruments as the governing body of the
(4) "Common elements" means all portions of the condominium other
than the units.
(5) "Common expenses" means all expenditures lawfully made or
incurred by or on behalf of the association together with all
funds lawfully assessed for the creation and maintenance of
reserves pursuant to the provisions of the condominium
(6) "Common profits" means all income collected or accrued by or on behalf of the association other than income derived from assessments pursuant to Code Section 44-3-80.
(7) "Condominium" means the property lawfully submitted to this
article by the recordation of condominium instruments pursuant to
this article. No property shall be deemed to be a condominium
within the meaning of this article unless undivided interests in
common elements are vested in the unit owners.
(8) "Condominium instruments" means the declaration and plats and
plans recorded pursuant to this article. 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 this article.
(9) "Condominium unit" means a unit, as defined in paragraph (28)
of this Code section, together with the undivided interest in the
common elements appertaining to that unit.
(10) "Conversion condominium" means a condominium all or part of
which may be used for residential purposes, which condominium
contains any building or portion thereof that at any time before
the recording of the declaration was occupied wholly or partially
by persons other than persons who, at the time of the recording,
had contractual rights to acquire one or more units within the
condominium. This paragraph shall not apply to any condominium
created prior to July 1, 1980, or to the expansion of any such
(11) "Convertible space" means a portion of a structure within a
condominium, which portion may be converted in accordance with
this article into one or more units or common elements, including,
but not limited to, limited common elements.
(12) "Court" means the superior court of the county where the
condominium or any part thereof is located.
(13) "Declarant" means all owners and lessees of the property who execute the declaration or on whose behalf the declaration is executed; provided, however, that the phrase "owner and lessees," as used in this Code section and in Code Sections 44-3-72 and 44-3-89, shall not include in his capacity as such any mortgagee, any lien holder, any person having an equitable interest under any contract for the sale or lease of a unit, or any lessee or tenant of a unit. From the time of the recordation of any amendment to the declaration expanding an expandable condominium, all persons who execute that amendment or on whose behalf that amendment is executed shall also come within the definition of "declarant." Any successor-in-title of any owner or lessee referred to in this paragraph who comes to stand in the same relation to the condominium as his predecessor did shall also come within such definition.
(14) "Declaration" means the recordable instrument containing those matters required by Code Section 44-3-77 and any lawful amendments thereto.
(15) "Expandable condominium" means a condominium to which
additional property may be added in accordance with the
declaration and this article.
(16) "Foreclosure" means, without limitation, the judicial
foreclosure of a mortgage and the exercise of a power of sale
contained in any mortgage.
(17) "Identifying number" means one or more letters, numbers,
symbols, words, or any combination thereof that identifies only
one unit in the condominium.
(18) "Leasehold condominium" means a condominium in all or any
portion of which each unit owner owns an estate for years or
leasehold estate in his unit or in the property on or within which
that unit is situated or both. A condominium including an estate
for years in property, or an interest therein, on or within which
no units are situated or to be situated shall not be deemed a
leasehold condominium within the meaning of this article.
(19) "Limited common element" means 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.
(20) "Mortgage" means a mortgage, deed to secure debt, deed of
trust, or other instrument conveying a lien upon or security title
(21) "Mortgagee" means the holder of a mortgage.
(22) "Officer" means an officer of the association.
(23) "Permanently assigned limited common element" means a limited
common element which cannot be reassigned or which can be
reassigned only with the consent of the unit owner or owners of
the unit or units to which it is assigned.
(24) "Person" means a natural person, corporation, partnership,
association, trust, other entity, or any combination thereof.
(25) "Property" means any real property and any interest in real
property, including, without limitation, parcels of air space.
(26) "Record" means to file for record in the office of the clerk
of the superior court of all counties in which the condominium or
any part thereof is located.
(27) "Submitted property" means the property lawfully submitted to
this article by the recordation of condominium instruments
pursuant to this article. Additional property shall be deemed to
be submitted property upon the expansion of a condominium pursuant
to this article.
(28) "Unit" means a portion of the condominium intended for any
type of independent ownership and use. For the purposes of this
article, a convertible space shall also be deemed a unit.
(29) "Unit owner" means one or more persons, including the
declarant, 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.