§ 18-48-701 - Definitions. - Arkansas Statutes

18-48-701. Definitions.

As used in this subchapter:

(1) "Default" means the failure to perform on time any obligation or duty set forth in the rental agreement;

(2) "Last known address" means that address provided by the occupant in the rental agreement or the address provided by the occupant in a subsequent written notice of a change in address;

(3) "Leased space" means the individual boat slip at the marina facility which is rented to an occupant pursuant to a rental agreement;

(4) "Marina facility" means any property used for renting or leasing individual spaces in which the occupants themselves customarily store and remove their own boats or marina equipment on a self-service basis;

(5) "Marina operator" means the owner, operator, lessor, or sublessor of a marina facility and agent or any other person authorized to manage the facility;

(6) "Net proceeds", as used in 18-48-706, means the proceeds from the sale authorized after deduction for expenses incurred by the marina operator to exercise its rights under this subchapter, including, but not limited to, attorney's fees, auctioneers' fees, postage, and publication costs, together with the debt owed by the operator and charges directly related to preserving, assembling, advertising, and selling under this subchapter;

(7) "Occupant" means a person or entity entitled to the use of a leased space at a marina facility under a rental agreement between the person and the marina operator;

(8) (A) "Personal property" means movable property not affixed to the land.

(B) "Personal property" includes, but is not limited to, watercraft, equipment, and goods; and

(9) "Rental agreement" means any written agreement between a marina operator and an occupant that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a marina rental space.