NY Real Prop L § 339-E (2021)
2021 New York Laws RPP - Real Property Article 9-B - Condominium Act 339-E - Definitions.

§  339-e.  Definitions.  As  used  in this article, unless the context otherwise requires:   1. "Building" means a multi-unit building or buildings, or a group  of buildings  whether  or  not attached to each other, comprising a part of the property.   2. "Common charges" means  each  unit's  proportionate  share  of  the common expenses in accordance with its common interest.   3.  "Common  elements,"  unless otherwise provided in the declaration, means and includes:  (a) The land on which the building is located;  (b) The foundations, columns, girders, beams,  supports,  main  walls, roofs,  halls,  corridors, lobbies, stairs, stairways, fire escapes, and entrances and exits of the building;  (c) The basements, cellars, yards, gardens, recreational or  community facilities, parking areas and storage spaces;  (d)  The premises for the lodging or use of janitors and other persons employed for the operation of the property;  (e) Central and appurtenant installations for services such as  power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating;  (f)   The   elevators,   escalators,   tanks,   pumps,  motors,  fans, compressors, ducts  and  in  general  all  apparatus  and  installations existing for common use;  (g)  Such  facilities  as  may be designated as common elements in the declaration; and  (h) All other parts of the property necessary  or  convenient  to  its existence, maintenance and safety, or normally in common use.   4. "Common expenses" means and includes:  (a) Expenses of operation of the property, and  (b)  All  sums  designated  common  expenses  by  or  pursuant  to the provisions of this article, the declaration or the by-laws.   5. "Common interest" means the (i) proportionate,  undivided  interest in  fee  simple  absolute,  or  (ii)  proportionate  undivided leasehold interest in the common elements appertaining to each unit, as  expressed in the declaration.   6.  "Common  profits"  means  the excess of all receipts of the rents, profits and revenues  from  the  common  elements  remaining  after  the deduction of the common expenses.   7.  "Declaration"  means  the  instrument  by  which  the  property is submitted to the provisions of this article,  as  hereinafter  provided, and  such  instrument  as from time to time amended, consistent with the provisions of this article and of the by-laws.   8. "Majority" of unit owners means either (i) more than fifty per cent in common interest in the aggregate, or (ii) more than fifty per cent in number of units in the aggregate, or (iii) more than fifty per  cent  in the  aggregate in both common interest and in number of units, as may be specified herein or in the declaration or the by-laws  with  respect  to any matter or matters. Any specified percentage of unit owners means (i) such  percentage  in  common  interest  in  the  aggregate, or (ii) such percentage in number of units in the aggregate, or (iii) such percentage in common interest and such percentage in number of  units,  as  may  be specified  herein  or  in the declaration or the by-laws with respect to any matter or matters, provided, however, that different percentages  in interest and in number of units may be so specified.   9.  "Operation  of the property" means and includes the administration and  operation  of  the  property  and  the  maintenance,   repair   and replacement of, and the making of any additions and improvements to, the common elements.    10.   "Person"  means  a  natural  person,  corporation,  partnership, association, trustee or other legal entity.   11. "Property" means and includes the land, the building and all other improvements  thereon,  (i) owned in fee simple absolute, or (ii) in the case of a condominium devoted exclusively to  non-residential  purposes, held  under  a  lease or sublease, or separate unit leases or subleases, the unexpired term or terms of which on the date  of  recording  of  the declaration shall not be less than thirty years, or (iii) in the case of a  qualified  leasehold  condominium, held under a lease or sublease, or separate unit leases or subleases, the unexpired term or terms of  which on the date of recording of the declaration shall not be less than fifty years,  and  all  easements, rights and appurtenances belonging thereto, and  all  other  property,  personal  or  mixed,  intended  for  use  in connection therewith, which have been or are intended to be submitted to the provisions of this article.   12.  "Qualified leasehold condominium" means any leasehold interest in real property intended to  be  used  for  either  residential  purposes, commercial  purposes,  industrial  purposes  or  any combination of such purposes, together with any fee simple absolute or leasehold interest in the buildings and all other improvements which have been or at any  time hereafter  may  be erected upon such real property, which has been or is intended to be submitted to the provisions  of  this  article,  provided that,  on  the date of the recording of the declaration: (i) the battery park city authority or the Roosevelt Island operating corporation is the holder of the tenant's interest in such leasehold interest or  (ii)  the Queens  West  development  corporation  is  the holder of the landlord's interest in such leasehold interest or (iii) the  Brooklyn  bridge  park development corporation is the holder of the landlord's interest in such leasehold  interest,  or (iv) the New York city educational construction fund is the holder of the landlord's interest in such leasehold interest for property located in the borough of Manhattan, in  the  city  of  New York, bounded on the east by Second Ave, on the west by Third Avenue, to the  north  by  East  Fifty-seventh  Street,  and  to  the south by East Fifty-sixth Street.   13. "Recording officer" and "recording" or "recorded" shall  have  the meanings stated in section two hundred ninety of this chapter.   14.  "Unit"  means a part of the property intended for any type of use or uses, and with an exit to a public street or highway or to  a  common element  or  elements  leading  to  a  public street or highway, and may include such appurtenances as garage and other  parking  space,  storage room, balcony, terrace and patio, but in no event may utility facilities such as those for water or sewerage treatment or power generation appear as single units.   15. "Unit designation" means the number, letter or combination thereof or other official designations conforming to the tax lot number, if any, designating the unit in the declaration and on the floor plans.   16.  "Unit  owner"  means  the  person or persons owning a unit in fee simple absolute or, in the case either  (i)  of  a  condominium  devoted exclusively  to  non-residential purposes, or (ii) a qualified leasehold condominium, owning a unit held under a lease or sublease.