As used in this chapter, certain terms are defined as follows:
(a) "Agent" means any person, firm, partnership association, joint venture, corporation or any other entity or combination or any other entity or combination of entities who represent or act for or on behalf of a developer in selling or offering to sell a condominium unit.
(b) "Capital improvement" means any improvement with a useful life greater than one year and subject to the depreciation rules of the United States Internal Revenue Code.
(c) "Common areas and facilities" includes the following parts of the condominium property:
(1) The land described in the declaration; and
(2) All other areas, facilities, places and structures that are not a part of a unit, including but not limited to:
A. The foundations, columns, girders, beams, supports, supporting walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of buildings, and sidewalks;
B. The basements, except for units therein, yards, gardens, fountains and fences;
C. The premises for the lodging of janitors or persons in charge of the property and maintenance structures;
D. Installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, incinerating, ventilation and master radio and television antenna;
E. The elevators, tanks, pumps, motors, fans, compressors, ducts and, in general, all apparatus and installations existing for common use;
F. Such community, including recreational, and commercial facilities as may be provided for in the declaration; and
G. The parking area, garages and storage spaces except to the extent such are designated in the declaration as being part of the individuals units.
H. All other parts of the condominium property necessary or convenient to its existence, maintenance and safety, or normally in common use or that have been designed as common areas and facilities in the declaration or drawings.
(d) "Condominium" means real property, portions of which are designated for separate unit ownership by the unit owners and the remainder of which is designed for common ownership by the unit owners.
(e) "Condominium development" means a condominium property in which two or more individual dwelling units, together with undivided interests in the common areas and facilities of the property, are offered for sale pursuant to a common promotional plan.
(f) "Condominium instruments" means the declaration and accompanying drawings and plans, by-laws of the unit owners association, any contract pertaining to the management of the condominium property and all other documents, contracts or instruments establishing ownership of or exerting control over condominium property or a unit.
(g) "Condominium ownership interest" means a fee simple estate or a ninety-nine year leasehold estate, renewable forever, in a unit, together with an appurtenant undivided interest in the common areas and facilities.
(h) "Condominium property" means land, all buildings, improvements and structures on the land, all easements, rights and appurtenances belonging to the land, and all articles of personal property submitted to the provisions of this chapter.
(i) "Condominium unit" or "unit" means a portion of the condominium development designated for separate ownership, consisting of one or more rooms on one or more floors of a building and designated as a unit.
(j) "Conversion condominium development" means a condominium development that was originally operated as a rental property occupied by tenants prior to the time that the condominium property is submitted to the provisions of this chapter and the units are offered for sale.
(k) "Declarant" means any person who plans to execute or has executed the declaration or on whose behalf the declaration is executed.
(1) "Declaration" means the instrument by which property is submitted to the provisions of Ohio R.C. Chapter 5311 and any and all amendments to the declaration.
(m) "Developer" means any person who, directly or indirectly, sells or offers for sale condominium ownership interests in a condominium development, including the declarant of a condominium development and any successor to the declarant who stands in the same relation to the condominium development as the declarant, and including any agent thereof.
(n) "Leasehold condominium development" means a conversion condominium development in which each unit owner owns a ninety-nine year leasehold estate, renewable forever, in his unit, or in the land upon which that unit is situated, or both, together with an individual leasehold interest in the common areas and facilities, with all such leasehold interests due to expire at the same time.
(o) "Limited common areas and facilities" means the common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of the other units but for all other purposes shall be considered as common areas and facilities. Balconies are deemed to be a limited common area and facility.
(p) "Offer" includes any inducement or solicitation to encourage a person to acquire a condominium ownership interest in a conversion condominium development or a reservation or subscription for such a condominium ownership interest.
(q) "Public offering statement" means a document provided by the developer under Section1361.06
which discloses the characteristics of the conversion condominium development.
(r) "Purchaser" means both an actual and a prospective purchaser of a condominium ownership interest.
(s) "Sale of a condominium ownership interest" means the execution by both parties of an agreement for the conveyance or transfer for consideration of a condominium ownership interest but such term shall not include a transfer of two or more units from the developer to another developer, a subsidiary of the developer or a financial institution for the purpose of facilitating the sale of the remaining or unsold portion of property.
(t) "Tenant" means a family unit or an individual who occupies or has a leasehold interest in an apartment under a lawful rental agreement whether oral or written, express or implied. The rights of members of a family may not be added to extend the times herein.
(u) "Unit owner" means a person who owns a condominium ownership interest in a condominium unit or prospective unit.
(v) "Unit owners association" means the organization of all condominium unit owners in the condominium property that administers the condominium property.
(Ord. 80-84. Passed 1-19-81.)