KRS § 381.810 — KY Code / Title XXXII / Chapter 381 / Section 381.810
381.810 Definitions for KRS 381.805 to 381.910
Status: reserved

381.810 Definitions for KRS 381.805 to 381.910.

As used in KRS 381.805 to 381.910, unless the context otherwise requires:

(1) "Unit" means an enclosed space as measured from interior unfinished surfaces

consisting of one or more rooms occupying all or part of a floor in a building of one

or more floors or stories regardless of whether it be designed for residence, for

office, for the operation of any industry or business, for any other type of

independent use or any combination of the above uses, provided it has a direct exit

to a thoroughfare or to a given common space leading to a thoroughfare;

(2) "Condominium" means the ownership of single units in a single unit or a multiple

unit structure or structures with common elements;

(3) "Condominium project" means a real estate condominium project; a plan or project

whereby two (2) or more apartments, townhouses, rooms, office spaces, or other

units in existing or proposed buildings or structures are offered or proposed to be

offered for sale;

(4) "Co-owner" means a person, firm, corporation, partnership, association, trust or

other legal entity, or any combination thereof who owns a unit within the building;

(5) "Council of co-owners" means all the co-owners as defined in subsection (4) of this

section;

(6) "Developer" means a person who undertakes to develop a real estate condominium

project;

(7) "General common elements" means and includes:

(a) The land whether leased or in fee simple, on which the building or buildings

stand;

(b) The foundations, main walls, roof, halls, lobbies, stairways, and entrances and

exits 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(s), 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;

(g) Recreational facilities, easements and other facilities outside the building(s),

including facilities off-site, available for the common use, in part or in whole,

of the regime; and

(h) All other elements of the property rationally of common use or necessary to its

existence, upkeep and safety;

(8) "Limited common elements" means and includes those common elements which are

agreed upon by all of the co-owners to be reserved for the use of a particular unit or

a certain number of units to the exclusion of the other units, such as special

corridors, stairways, balconies, patios, elevators, utilities common to the units of a

particular floor or building, and the like;

(9) "Majority of co-owners" means owners of fifty-one percent (51%) of the floor area

of units comprising the regime;

(10) "Master deed" or "master lease" means the deed or lease declaring the property to be

a horizontal property regime;

(11) "Person" means an individual, firm, corporation, partnership, association, trust or

other legal entity or any combination thereof;

(12) "Property" means and includes the land whether leasehold or in fee simple and all

improvements and structures thereon and all easements, rights and appurtenances

belonging thereto;

(13) "To record" means to record in accordance with KRS Chapter 382, or other

recording statutes;

(14) All pronouns used in KRS 381.805 to 381.910 include the male, female and neuter

genders and include the singular or plural numbers, as the case may be.