Section 47-7A-3 - Definitions. - New Mexico Statutes

47-7A-3. Definitions.

As used in the Condominium Act and declaration and bylaws, unless the context otherwise requires or otherwise specifically provided:   

A.     "affiliate of a declarant" means any person who controls, is controlled by or is under common control with a declarant. For the purpose of this subsection:   

(1)     a person "controls" a declarant if the person is a general partner, officer, director or employer of the declarant; directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent of the voting interest in the declarant; controls in any manner the election of a majority of the directors of the declarant; or has contributed more than twenty percent of the capital of the declarant; and   

(2)     a person "is controlled by" a declarant if the declarant is a general partner, officer, director or employer of the person; directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent of the voting interest in the person; controls in any manner the election of a majority of the directors of the person; or has contributed more than twenty percent of the capital of the person. Control does not exist if the powers described in this subsection are held solely as security for an obligation and are not exercised;   

B.     "allocated interests" means the undivided interest in the common elements, the common expense liability and votes in the association allocated to each unit;   

C.     "association" or "unit owners' association" means the unit owners' association organized under Section 34 [47-7C-1 NMSA 1978] of the Condominium Act;   

D.     "common elements" means all portions of a condominium other than the units;   

E.     "common expenses" means expenditures made by or financial liabilities of the association, together with any allocations to reserves;   

F.     "common expense liability" means the liability for common expenses allocated to each unit pursuant to Section 19 [47-7B-7 NMSA 1978] of the Condominium Act;   

G.     "condominium" means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners;   

H.     "conversion building" means a building that at any time before creation of the condominium was occupied wholly or partially by persons other than purchasers or persons who occupy with the consent of purchasers, and shall for the purposes of Sections 64 and 65 [47-7D-12 and 47-7D-17 NMSA 1978] only of the Condominium Act include mobile housing parks;   

I.     "declarant" means any person or group of persons acting in concert who:   

(1)     as part of a common promotional plan, offers to dispose of its interest in a unit not previously disposed of;   

(2)     reserves or succeeds to any special declarant right; or   

(3)     executes and records a declaration;   

J.     "declaration" means any instruments, however denominated, that create a condominium, and any amendments to such instruments;   

K.     "development rights" means any right or combination of rights reserved by a declarant in the declaration to:   

(1)     add real estate to a condominium;   

(2)     create units, common elements or limited common elements within a condominium;   

(3)     subdivide units or convert units into common elements; or   

(4)     withdraw real estate from a condominium;   

L.     "dispose" or "disposition" means a voluntary transfer to a purchaser of any legal or equitable interest in a unit, but such term does not include the transfer or release of a security interest;   

M.     "executive board" means the body, regardless of name, designated in the declaration to act on behalf of the association;   

N.     "identifying number" means a symbol or address that identifies only one unit in a condominium;   

O.     "leasehold condominium" means a condominium in which all or a portion of the real estate is subject to a lease the expiration or termination of which will terminate the condominium or reduce its size;   

P.     "limited common element" means a portion of the common elements allocated by the declaration or by operation of Subsections B and D of Section 14 [47-7B-2 NMSA 1978] of the Condominium Act for the exclusive use of one or more but fewer than all of the units;   

Q.     "master association" means an organization described in Section 32 [47-7B-20 NMSA 1978] of the Condominium Act, whether or not it is also an association described in Section 34 [47-7C-1 NMSA 1978] of the Condominium Act;   

R.     "mobile housing park" means any site used for the business of renting, leasing or providing, for any form of compensation, a mobile housing unit for occupancy on property not owned by the mobile housing unit's occupant or providing space and facilities for a mobile housing unit owned by the occupant;   

S.     "mobile housing unit" means a movable or portable housing structure over thirty-two feet in length or over eight feet in width, constructed to be towed on its own chassis and designed so as to be installed without a permanent foundation for human occupancy as a residence which may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or two or more units separately towable but designed to be joined into one integral unit, as well as a single unit; except that the definition does not include recreational vehicles or modular or premanufactured homes, built to Uniform Building Code standards, designed to be permanently affixed to real property;   

T.     "offering" means any advertisement, inducement, solicitation or attempt to encourage any person to acquire any interest in a unit, other than as security for an obligation. An advertisement in a newspaper or other periodical of general circulation or in any broadcast medium to the general public of a condominium not located in New Mexico is not an offering if the advertisement states that an offering may be made only in compliance with the law of the jurisdiction in which the condominium is located;   

U.     "person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, governmental entity or other legal or commercial entity;   

V.     "purchaser" means any person other than a declarant or a person in the business of selling real estate for his own account who by means of a voluntary transfer acquires a legal or equitable interest in a unit other than:   

(1)     a leasehold interest, including renewal options, of less than twenty years; or   

(2)     as security for obligation;   

W.     "real estate" means any leasehold or other estate or interest in, over or under land, including structures, fixtures and other improvements and interests which by custom, usage or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance, and includes parcels with or without upper or lower boundaries and spaces that may be filled with air or water;   

X.     "residential purposes" means use for dwelling or recreational purposes, or both;   

Y.     "special declarant rights" means rights reserved for the benefit of a declarant to:   

(1)     complete improvements indicated on plats and plans filed with the declaration;   

(2)     exercise any development right;   

(3)     maintain sales offices, management offices, signs advertising the condominium and models;   

(4)     use easements through the common elements for the purpose of making improvements within the condominium or within real estate which may be added to the condominium;   

(5)     make the condominium part of a larger condominium or a planned community;   

(6)     make the condominium subject to a master association; or   

(7)     appoint or remove any officer of the association or any master association or any executive board member during any period of declarant control;   

Z.     "time share" means a right to occupy a unit or any of several units during five or more separated time periods over a period of at least five years, including renewal options, whether or not coupled with an estate or interest in a condominium or a specified portion thereof;   

AA.     "unit" means a physical portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described pursuant to Section 17 [14] [47-7B-2 NMSA 1978] of the Condominium Act; and   

BB.     "unit owner" means a declarant or other person who owns a unit, or a lessee of a unit in a leasehold condominium whose lease expires simultaneously with any lease the expiration or termination of which will remove the unit from the condominium, but does not include a person having an interest in a unit solely as security for an obligation.