2006 Code of Virginia § 55-79.2 - Definitions

55-79.2. Definitions.

As used in this chapter unless the context otherwise requires:

(a) "Apartment" means an apartment, apartment dwelling unit, unit, house orhome which is an enclosed space consisting of one or more rooms occupying allor part of one or more floors in a building or buildings of one or morefloors or stories regardless of whether it be designed or used for residence,for office, for the operation of any industry or business, or for any othertype of independent use, or combination of uses, and shall include suchaccessories as may be appurtenant thereto, such as garage space, storagespace, balcony, terrace and patio. Provided that the apartment has a directexit to a thoroughfare or to a given common space leading to a thoroughfare;

(b) "Board" means the Real Estate Board;

(c) "Condominium" means the ownership of a single unit in a multiple unitstructure with common elements in a condominium project;

(d) "Condominium project" means a real estate condominium project; a planor project whereby four or more apartments, rooms, office spaces, or otherunits existing or proposed whether the unit involves a single structure,attached to or detached from other units, or is in one or more multiple unitstructures, on contiguous parcels of real estate are offered or proposed tobe offered for sale;

(e) "Co-owner" means a person, firm, corporation, partnership, association,trust or other legal entity, or any combination thereof who owns an apartmentwithin the building or buildings;

(f) "Council of co-owners" means all the co-owners as defined in subsection(e) of this section, acting as a group in accordance with the bylaws of thehorizontal property regime;

(g) "Developer" means a person who undertakes to develop a real estatecondominium project;

(h) "General common elements" unless otherwise provided in the master deedor lease means and includes:

(1) The land whether leased or in fee simple, on which the building orbuildings stand;

(2) The foundations, main walls, roofs, halls, lobbies, stairways, andentrances and exits or communication ways;

(3) The basements, flat roofs, yards, and gardens, except as otherwiseprovided or stipulated;

(4) The premises for the lodging of janitors or persons in charge of thebuilding or buildings, except as otherwise provided or stipulated;

(5) The compartments or installations of central services such as power,light, gas, cold and hot water, refrigeration, reservoirs, water tanks andpumps, and the like;

(6) The elevators, garbage incinerators and, in general all devices orinstallations existing for common use; and

(7) All other elements of the property rationally of common use or necessaryto its existence, upkeep and safety;

(i) "Limited common elements" means and includes those common elementswhich are agreed upon by all of the co-owners to be reserved for the use of acertain number of apartments to the exclusion of the other apartments, suchas special corridors, stairways and elevators, sanitary services common tothe apartments of a particular floor, and the like;

(j) "Majority of co-owners" means more than fifty percent of the votes ofthe co-owners computed in accordance with the bylaws of the horizontalproperty regime;

(k) "Master deed" or "master lease" means the deed or lease recording theproperty of the horizontal property regime;

(l) "Person" means an individual, firm, corporation, partnership,association, trust or other legal entity or any combination thereto;

(m) "Property" means and includes the land whether leasehold or in feesimple and the building or buildings, all improvements and structures thereonand all easements, rights and appurtenances belonging thereto;

(n) "To record" means to record pursuant to the laws of this Commonwealthrelating to the recordation of deeds.

(1962, c. 627, 2; 1966, c. 683; 1972, c. 450.)