In this Article and Article 3, the following terms have the following meanings:
(1) Association document means:
(A) the master deeds, declaration, incorporation documents, bylaws, and rules of any common ownership community;
(B) any written private agreement between any parties concerning the operation of the community or maintenance or control of common or limited common property; and
(C) any similar document concerning the operation or governance of a common ownership community. Association document does not include a lease covered by
Chapter 29 unless the lease provides that it may be enforced under this Chapter.
(2) Common element includes:
(A) in a condominium or cooperative, all portions of the common ownership community other than the units; or
(B) in a homeowners’ association, any real estate in a homeowners’ association community that is owned or leased by the association, other than a unit; and
(C) in all common ownership communities, any other interest in real estate for the benefit of owners which is subject to the declaration.
(3) Community association means the legal entity, incorporated or unincorporated, that is responsible for the governance or common property of a common ownership community.
(4) Dispute means any disagreement between 2 or more parties that involves:
(A) the authority of a governing body, under any law or association document, to:
(i) require any person to take any action, or not to take any action, involving a unit or common element;
(ii) require any person to pay a fee, fine, or assessment;
(iii) spend association funds; or
(iv) alter or add to a common element; or
(B) the failure of a governing body, when required by law or an association document, to:
(i) properly conduct an election;
(ii) give adequate notice of a meeting or other action;
(iii) properly conduct a meeting;
(iv) properly adopt a budget or rules;
(v) maintain or audit books and records;
(vi) allow inspection of books and records;
(vii) maintain or repair a common element if the failure results in significant personal injury or property damage; or
(viii) exercise its judgment in good faith concerning the enforcement of the association documents against any person that is subject to those documents.
(5) Dispute does not include any disagreement that only involves:
(A) title to any unit or any common element;
(B) the percentage interest or vote allocable to a unit;
(C) the interpretation or enforcement of any warranty;
(D) the collection of an assessment validly levied against a party; or
(E) the exercise of a governing body’s judgment or discretion in taking or deciding not to take any legally authorized action.
(6) Governing body of a community association means the council of unit owners, board of directors, or any other body authorized by an association document to adopt binding rules or regulations.
(A) a unit owner in a condominium;
(B) a lot owner in a homeowners' association, and
(C) a member of a cooperative housing corporation.
(B) a governing body; and
(C) an occupant of a dwelling unit in a common ownership community.
(9) Unit or lot includes:
(A) any physical portion of a common ownership community with distinct property boundaries that:
(i) provides complete, independent living facilities for one or more individuals,
(ii) contains permanent provisions for living, sleeping, eating, cooking, and sanitation, and
(iii) is designated for exclusive ownership, control, or occupancy by those individuals; and
(B) all legally enforceable rights and interests incidental to individual ownership of real property in a common ownership community. (1990 L.M.C., ch. 33, § 1; , § 1.)
