2016 Arkansas Code
Title 18 - Property
Subtitle 2 - Real Property
Chapter 13 - Horizontal Property Act
§ 18-13-102. Definitions

AR Code § 18-13-102 (2016) What's This?

As used in this chapter:

(1) "Apartment" means a part of the property intended for residential, commercial, industrial, or any other type of independent use consisting of one (1) or more rooms or spaces occupying all or part of one (1) or more floors in a building or buildings of one (1) or more floors designated as an apartment in the master deed and delineated on the plans provided for in § 18-13-105;

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

(3) (A) "Council of co-owners" means all the co-owners as defined in subdivision (2) of this section.

(B) However, except as otherwise provided in this chapter, a majority of co-owners, as defined in subdivision (6) of this section, shall constitute a quorum for the adoption of decisions;

(4) "General common elements" means:

(A) The land on which the building stands;

(B) The foundations, main walls, roofs, halls, lobbies, stairways, and entrance and exit or communication ways;

(C) The basements, flat roofs, yards, and gardens, except as otherwise provided or stipulated;

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

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

(F) The elevators, garbage incinerators, and, in general, all devices or installations existing for common use; and

(G) All other elements of the building rationally of common use or necessary to its existence, upkeep, and safety;

(5) "Limited common elements" means those common elements which are agreed upon by all the co-owners to be reserved for the use of a certain number of apartments to the exclusion of the other apartments, such as special corridors, stairways, and elevators, sanitary services common to the apartments of a particular floor, and the like;

(6) "Majority of co-owners" means fifty-one percent (51%) or more of the basic value of the property as a whole, in accordance with the percentages computed in accordance with the provisions of § 18-13-112;

(7) "Master deed" means the deed establishing the horizontal property regime;

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

(9) "Property" means the land, the building, all improvements and structures thereon, and all easements, rights, and appurtenances belonging thereto;

(10) "To record" means to record in accordance with the provisions of §§ 14-15-402, 14-15-404, 14-15-407 -- 14-15-417, and 16-46-101 or other applicable recording statutes; and

(11) All pronouns include the male, female, and neuter genders and include the singular or plural numbers, as the case may be.

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