CHAPTER 2. DEFINITIONS - Indiana Statutes

IC 32-25-2
     Chapter 2. Definitions

IC 32-25-2-1
Applicability of definitions
     Sec. 1. The definitions in this chapter apply throughout this article.
As added by P.L.2-2002, SEC.10.

IC 32-25-2-2
"Association of co-owners"
     Sec. 2. "Association of co-owners" means all the co-owners acting as an entity in accordance with the:
        (1) articles;
        (2) bylaws; and
        (3) declaration.
As added by P.L.2-2002, SEC.10.

IC 32-25-2-3
"Building"
     Sec. 3. "Building" means a structure containing:
        (1) at least two (2) condominium units; or
        (2) at least two (2) structures containing at least one (1) condominium unit.
As added by P.L.2-2002, SEC.10.

IC 32-25-2-4
"Common areas and facilities"
     Sec. 4. "Common areas and facilities", unless otherwise provided in the declaration or lawful amendments to the declaration, means:
        (1) the land on which the building is located;
        (2) the building:
            (A) foundations;
            (B) columns;
            (C) girders;
            (D) beams;
            (E) supports;
            (F) main walls;
            (G) roofs;
            (H) halls;
            (I) corridors;
            (J) lobbies;
            (K) stairs;
            (L) stairways;
            (M) fire escapes;
            (N) entrances; and
            (O) exits;
        (3) the:
            (A) basements;
            (B) yards;             (C) gardens;
            (D) parking areas;
            (E) storage spaces;
            (F) swimming pools; and
            (G) other recreational facilities;
        (4) the premises for the lodging of:
            (A) janitors; or
            (B) persons in charge of the property;
        (5) installations of central services, such as:
            (A) power;
            (B) light;
            (C) gas;
            (D) hot and cold water;
            (E) heating;
            (F) refrigeration;
            (G) air conditioning; and
            (H) incinerating;
        (6) the:
            (A) elevators;
            (B) tanks;
            (C) pumps;
            (D) motors;
            (E) fans;
            (F) compressors;
            (G) ducts;
            (H) apparatus; and
            (I) installations;
        existing for common use;
        (7) community and commercial facilities provided for in the declaration; and
        (8) all other parts of the property:
            (A) necessary or convenient to its:
                (i) existence;
                (ii) maintenance; and
                (iii) safety; or
            (B) normally in common use.
As added by P.L.2-2002, SEC.10.

IC 32-25-2-5
"Common expenses"
     Sec. 5. "Common expenses" means:
        (1) all sums lawfully assessed against the co-owners by the association of co-owners;
        (2) expenses of:
            (A) administration;
            (B) maintenance;
            (C) repair; or
            (D) replacement;
        of the common areas and facilities;
        (3) expenses agreed upon as common expenses by the

association of co-owners; and
        (4) expenses declared common expenses by:
            (A) this article;
            (B) the declaration; or
            (C) the bylaws.
As added by P.L.2-2002, SEC.10. Amended by P.L.2-2005, SEC.84.

IC 32-25-2-6
"Common profits"
     Sec. 6. "Common profits" means the balance remaining, after the deduction of the common expenses, of all:
        (1) income;
        (2) rents;
        (3) profits; and
        (4) revenues;
from the common areas and facilities.
As added by P.L.2-2002, SEC.10.

IC 32-25-2-7
"Condominium"
     Sec. 7. "Condominium" means real estate:
        (1) lawfully subjected to this article by the recordation of condominium instruments; and
        (2) with respect to which the undivided interests in the common areas and facilities are vested in the condominium unit owners.
As added by P.L.2-2002, SEC.10. Amended by P.L.2-2005, SEC.85.

IC 32-25-2-8
"Condominium instruments"
     Sec. 8. "Condominium instruments" means:
        (1) the:
            (A) declaration;
            (B) bylaws;
            (C) plats; and
            (D) floor plans;
        of the condominium; and
        (2) any exhibits or schedules to the items listed in subdivision (1).
As added by P.L.2-2002, SEC.10.

IC 32-25-2-9
"Condominium unit"
     Sec. 9. "Condominium unit" means:
        (1) an enclosed space:
            (A) that consists of one (1) or more rooms occupying all or part of a floor or floors in a structure of one (1) or more floors or stories, regardless of whether the enclosed space is designed:
                (i) as a residence;
                (ii) as an office;                 (iii) for the operation of any industry or business; or
                (iv) for any other type of independent use; and
            (B) that has:
                (i) a direct exit to a public street or highway; or
                (ii) an exit to a thoroughfare or to a given common space leading to a thoroughfare; and
        (2) the undivided interest in the common elements appertaining to an enclosed space referred to in subdivision (1).
As added by P.L.2-2002, SEC.10.

IC 32-25-2-10
"Contractable condominium"
     Sec. 10. "Contractable condominium" means a condominium from which one (1) or more portions of the condominium real estate may be withdrawn.
As added by P.L.2-2002, SEC.10.

IC 32-25-2-11
"Co-owner"
     Sec. 11. "Co-owner" means a person who owns:
        (1) a condominium unit in fee simple; and
        (2) an undivided interest in the common areas and facilities;
in the percentage established in the declaration.
As added by P.L.2-2002, SEC.10.

IC 32-25-2-12
"Declarant"
     Sec. 12. "Declarant" means any person who:
        (1) executes or proposes to execute a declaration; or
        (2) executes an amendment to a declaration to expand an expandable condominium.
As added by P.L.2-2002, SEC.10.

IC 32-25-2-13
"Declaration"
     Sec. 13. "Declaration" means the instrument by which the property is submitted to this article. The term refers to a declaration as it may be lawfully amended from time to time.
As added by P.L.2-2002, SEC.10.

IC 32-25-2-14
"Expandable condominium"
     Sec. 14. "Expandable condominium" means a condominium to which real estate may be added.
As added by P.L.2-2002, SEC.10.

IC 32-25-2-15
"Limited common areas and facilities"
     Sec. 15. "Limited common areas and facilities" means the common areas and facilities designated in the declaration as reserved

for use of:
        (1) a certain condominium unit; or
        (2) certain condominium units;
to the exclusion of the other condominium units.
As added by P.L.2-2002, SEC.10.

IC 32-25-2-16
"Majority" or "majority of co-owners"
     Sec. 16. "Majority" or "majority of co-owners" means the co-owners with at least fifty-one percent (51%) of the votes, in accordance with the percentages assigned in the declaration to the condominium units for voting purposes.
As added by P.L.2-2002, SEC.10.

IC 32-25-2-17
"Person"
     Sec. 17. "Person" means:
        (1) an individual;
        (2) a firm;
        (3) a corporation;
        (4) a partnership;
        (5) an association;
        (6) a trust;
        (7) any other legal entity; or
        (8) any combination of the entities listed in subdivisions (1) through (7).
As added by P.L.2-2002, SEC.10.

IC 32-25-2-18
"Property"
     Sec. 18. "Property" means:
        (1) the land;
        (2) the building;
        (3) all improvements and structures on the land or the building; and
        (4) all:
            (A) easements;
            (B) rights; and
            (C) appurtenances;
        pertaining to the land or the building.
As added by P.L.2-2002, SEC.10.

IC 32-25-2-19
"To record"
     Sec. 19. "To record" means to record in accordance with the laws of the state.
As added by P.L.2-2002, SEC.10.

IC 32-25-2-20
"Unit number"      Sec. 20. "Unit number" means the:
        (1) number;
        (2) letter; or
        (3) combination of numbers and letters;
designating the condominium unit in the declaration.
As added by P.L.2-2002, SEC.10.