2023 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.