§ 27-30-320

For the purposes of this article: (1) 'Board' means the representative body, regardless of name, designated in the governing documents to act on behalf of a homeowners association and govern the association. (2) 'Bylaws' means the document, and amendments to it, that contain the procedures for conducting the affairs of a homeowners association, regardless of the form of the association's legal entity or the name by which the document comprising the bylaws is identified. (3) 'Declarant' means a person or group of persons acting in concert who: (a) as part of a common promotional plan, subdivide and offer to dispose of an interest the person or group has in a unit in real property; or (b) reserve or succeed to a special declarant right, which means a right created under the declaration or bylaws for the person or group to retain or exercise authority in addition to regular declarant rights in a unit of real property. (4) 'Declaration' means the recorded instruments, however denominated, that create a homeowners association, including amendments to those instruments. (5) 'Department' means the Department of Consumer Affairs.

ation' means the recorded instruments, however denominated, that create a homeowners association, including amendments to those instruments. (5) 'Department' means the Department of Consumer Affairs. (6) 'Homeowner' means a declarant or other person who owns a unit in a homeowners association, but does not include a person having an interest in such a unit solely as security for an obligation. (7) 'Homeowners association' or 'association' means an entity developed to manage and maintain a planned community or horizontal property regime for which there is a declaration requiring a person, by virtue of his ownership of a separate property within the planned community or horizontal property regime, to pay assessments for a share of real estate taxes, insurance premiums, maintenance, or improvement of, or services or other expenses related to, common elements and other real estate described in that declaration. A 'homeowners association' or 'association' does not include a vacation timesharing plan organized and subject only to the provisions of Chapter 32. (8) 'Homeowners association management company' means a corporation, limited liability company, partnership, trust, association,

aring plan organized and subject only to the provisions of Chapter 32. (8) 'Homeowners association management company' means a corporation, limited liability company, partnership, trust, association, sole proprietorship, or other similar organization engaging in the business of managing homeowners associations. (9) 'Unit' means an apartment in a horizontal property regime, or a lot in a subdivision. HISTORY: 2018 Act No. 245 (H.3886), Section 1, eff May 17, 2018.