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SECTION 339-E
Definitions
Real Property (RPP) CHAPTER 50, ARTICLE 9-B
§ 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.