§ 412.010. Definitions.  


Latest version.
  • As used in this chapter, the following terms shall have the meanings indicated:
    ASSOCIATION or UNIT OWNERS ASSOCIATION
    The Unit Owners' Association organized under Chapter 448, RSMo.
    COMMON ELEMENTS
    All portions of a condominium other than the units.
    CONDOMINIUM
    Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
    DECLARANT
    Any person, or group of persons acting in concert, who:
    1. 
    As part of a common promotional plan, offers to dispose of his or its interest in a unit not previously disposed of; or
    2. 
    Reserves or succeeds to any special declarant right.
    DECLARATION
    Any instruments, however denominated, which create a condominium, and any amendments to those instruments.
    DISPOSE or DISPOSITION
    A voluntary transfer to a purchaser of any legal or equitable interest in a unit, but does not include the transfer or release of a security interest.
    EXECUTIVE BOARD
    The body, regardless of name, designated in the declaration to act on behalf of the association.
    PERSON
    A natural person, corporation, business trust, estate, trust, partnership, association, joint venture, or other legal or commercial entity; provided, however, that in the case of a land trust, "person" means the beneficiary of the trust rather than the trust or the trustee.
    PLAN
    A drawing prepared by a registered architect or engineer which contains information required by the provisions of Section 448.2-109, RSMo.
    PLAT
    A drawing prepared by a registered land surveyor which contains the information required by the provisions of Section 448.2-109, RSMo.
    PURCHASER
    Any person, other than a declarant or a person in the business of selling real estate for his own account, who by means of a voluntary transfer acquires a legal or equitable interest in a unit, other than:
    1. 
    A leasehold interest, including renewal options, of less than twenty (20) years; or
    2. 
    As security for an obligation.
    REAL ESTATE
    Any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests which by custom, usage, or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. Real estate includes parcels with or without upper or lower boundaries, and spaces which may be filled with air or water.
    RESIDENTIAL PURPOSES
    Use for dwelling or recreational purposes, or both.
    UNIT
    A physical portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described pursuant to Section 448.2-105, RSMo.
    UNIT OWNER
    A declarant or other person who owns a unit, but does not include a person having an interest in a unit solely as security for an obligation.
Ord. No. 1163-14-09 §1, 12-4-2014