479-A:1 Definitions. –
As used in this chapter, unless the context otherwise requires:
I. "Unit" 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 thereof) in a building, and with a direct exit to a public street or highway or to a common area leading to such street or highway.
II. "Unit owner" means the person or persons owning a unit in fee simple absolute, or leasing a unit as provided in RSA 479-A:2, and an undivided interest in the fee simple, or leased estate, of the common areas and facilities in the percentage specified and established in the declaration.
III. "Unit number" means the number, letter, or combination thereof designating the apartment in the declaration.
IV. "Association of unit owners" means all of the unit owners acting as a group in accordance with the bylaws and declaration.
V. "Building" means a building or group of buildings having a total of 5 or more units and comprising a part of the property.
VI. "Common areas and facilities," unless otherwise provided in the declaration or lawful amendments thereto, means and includes: the land on which the building is located; the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, and entrances and exits of the building; the basements, yards, gardens, parking areas and storage spaces; the premises for the lodging of janitors or persons in charge of the property; installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating; the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use; such community and commercial facilities as may be provided for in the declaration; and all other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use.
VII. "Common expenses" means and includes: all sums lawfully assessed against the unit owners by the association of unit owners; expenses of administration, maintenance, repair or replacement of the common areas and facilities; expenses agreed upon as common expenses by the association of unit owners; expenses declared common expenses by provisions of this chapter or by the declaration or the bylaws.
VIII. "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.
IX. "Declaration" means the instrument by which the property is submitted to the provisions of this chapter as provided in RSA 479-A:2 and such declaration as from time to time may be lawfully amended.
X. "Limited common areas and facilities" means and includes those common areas and facilities designated in the declaration as reserved for use of certain unit or units to the exclusion of the other units.
XI. "Majority" or "majority of unit owners" means the unit owners with 51 percent or more of the votes in accordance with the percentages assigned in the declaration to the units for voting purposes.
XII. "Person" means individual, corporation, partnership, association, trustee or other legal entity.
XIII. "Property" means and includes the land, the building, all improvements and structures thereon, all owned in fee simple absolute or leased as provided in RSA 479-A:2, all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith which have been or are intended to be submitted to the provisions of this chapter.
Source. 1965, 155:1. 1967, 264:1, 2, eff. Aug. 26, 1967.