2006 New York Code - Definitions.

 
    §  339-e.  Definitions.  As  used  in this article, unless the context
  otherwise requires:
    1. "Building" means a multi-unit building or buildings, or a group  of
  buildings  whether  or  not attached to each other, comprising a part of
  the property.
    2. "Common charges" means  each  unit's  proportionate  share  of  the
  common expenses in accordance with its common interest.
    3.  "Common  elements, " unless otherwise provided in the declaration,
  means and 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, cellars, yards, gardens, recreational or  community
  facilities, parking areas and storage spaces;
    (d)  The premises for the lodging or use of janitors and other persons
  employed for the operation of the property;
    (e) Central and appurtenant installations for services such as  power,
  light, gas, hot and cold water, heating, refrigeration, air conditioning
  and incinerating;
    (f)   The   elevators,   escalators,   tanks,   pumps,  motors,  fans,
  compressors, ducts  and  in  general  all  apparatus  and  installations
  existing for common use;
    (g)  Such  facilities  as  may be designated as common elements in the
  declaration; and
    (h) All other parts of the property necessary  or  convenient  to  its
  existence, maintenance and safety, or normally in common use.
    4. "Common expenses" means and includes:
    (a) Expenses of operation of the property, and
    (b)  All  sums  designated  common  expenses  by  or  pursuant  to the
  provisions of this article, the declaration or the by-laws.
    5. "Common interest" means the (i) proportionate,  undivided  interest
  in  fee  simple  absolute,  or  (ii)  proportionate  undivided leasehold
  interest in the common elements appertaining to each unit, as  expressed
  in the declaration.
    6.  "Common  profits"  means  the excess of all receipts of the rents,
  profits and revenues  from  the  common  elements  remaining  after  the
  deduction of the common expenses.
    7.  "Declaration"  means  the  instrument  by  which  the  property is
  submitted to the provisions of this article,  as  hereinafter  provided,
  and  such  instrument  as from time to time amended, consistent with the
  provisions of this article and of the by-laws.
    8. "Majority" of unit owners means either (i) more than fifty per cent
  in common interest in the aggregate, or (ii) more than fifty per cent in
  number of units in the aggregate, or (iii) more than fifty per  cent  in
  the  aggregate in both common interest and in number of units, as may be
  specified herein or in the declaration or the by-laws  with  respect  to
  any matter or matters. Any specified percentage of unit owners means (i)
  such  percentage  in  common  interest  in  the  aggregate, or (ii) such
  percentage in number of units in the aggregate, or (iii) such percentage
  in common interest and such percentage in number of  units,  as  may  be
  specified  herein  or  in the declaration or the by-laws with respect to
  any matter or matters, provided, however, that different percentages  in
  interest and in number of units may be so specified.
    9.  "Operation  of the property" means and includes the administration
  and  operation  of  the  property  and  the  maintenance,   repair   and
  replacement of, and the making of any additions and improvements to, the
  common elements.
    10.   "Person"  means  a  natural  person,  corporation,  partnership,
  association, trustee or other legal entity.
    11. "Property" means and includes the land, the building and all other
  improvements  thereon,  (i) owned in fee simple absolute, or (ii) in the
  case of a condominium devoted exclusively to  non-residential  purposes,
  held  under  a  lease or sublease, or separate unit leases or subleases,
  the unexpired term or terms of which on the date  of  recording  of  the
  declaration shall not be less than thirty years, or (iii) in the case of
  a  qualified  leasehold  condominium, held under a lease or sublease, or
  separate unit leases or subleases, the unexpired term or terms of  which
  on the date of recording of the declaration shall not be less than fifty
  years,  and  all  easements, rights and appurtenances belonging thereto,
  and  all  other  property,  personal  or  mixed,  intended  for  use  in
  connection therewith, which have been or are intended to be submitted to
  the provisions of this article.
    12.  "Qualified leasehold condominium" means any leasehold interest in
  real property intended to  be  used  for  either  residential  purposes,
  commercial  purposes,  industrial  purposes  or  any combination of such
  purposes, together with any fee simple absolute or leasehold interest in
  the buildings and all other improvements which have been or at any  time
  hereafter  may  be erected upon such real property, which has been or is
  intended to be submitted to the provisions  of  this  article,  provided
  that,  on  the date of the recording of the declaration: (i) the battery
  park city authority or the Roosevelt Island operating corporation is the
  holder of the tenant's interest in such leasehold interest or  (ii)  the
  Queens  West  development  corporation  is  the holder of the landlord's
  interest in such leasehold interest or (iii) the  Brooklyn  bridge  park
  development corporation is the holder of the landlord's interest in such
  leasehold interest.
    13.  "Recording  officer" and "recording" or "recorded" shall have the
  meanings stated in section two hundred ninety of this chapter.
    14. "Unit" means a part of the property intended for any type  of  use
  or  uses,  and with an exit to a public street or highway or to a common
  element or elements leading to a  public  street  or  highway,  and  may
  include  such  appurtenances  as garage and other parking space, storage
  room, balcony, terrace and patio, but in no event may utility facilities
  such as those for water or sewage treatment or power  generation  appear
  as single units.
    15. "Unit designation" means the number, letter or combination thereof
  or other official designations conforming to the tax lot number, if any,
  designating the unit in the declaration and on the floor plans.
    16.  "Unit  owner"  means  the  person or persons owning a unit in fee
  simple absolute or, in the case either  (i)  of  a  condominium  devoted
  exclusively  to  non-residential purposes, or (ii) a qualified leasehold
  condominium, owning a unit held under a lease or sublease.