As used in this Part, unless the context clearly indicates otherwise:

(1)  “Association property” means all the property either held by the association or commonly held by the members of the association, or both, and lots privately held by members of the association.

(2)  “Common area” means property owned or otherwise maintained, repaired, or administered by the association for the benefit, use, and enjoyment of its members.

(3)  “Community documents” means the articles of incorporation, bylaws, plat, declarations, covenants, conditions, restrictions, rules and regulations, or other written instruments, including any amendment thereto, by which the association has the authority to exercise any of its powers to manage, maintain, or otherwise affect the association property or which otherwise govern the use of association property.

(4)  “Declaration” means any instrument, however denominated, that establishes or regulates, or both, a residential planned community, and any amendment thereto.

(5)  “Homeowners association” or “association” means a nonprofit corporation, unincorporated association, or other legal entity, which is created pursuant to a declaration, whose members consist primarily of lot owners, and which is created to manage or regulate, or both, the residential planned community.

(6)  “Lot” means any plot or parcel of land designated for separate ownership shown on a recorded subdivision plat for a residential development or the boundaries of which are otherwise described in a recorded instrument, other than common area, within the jurisdiction of the residential community as such area is described in the community documents.

(7)  “Residential planned community” or “planned community” means a real estate development, used primarily for residential purposes, in which the owners of separately owned lots are mandatory members of an association by virtue of such ownership.

Acts 1999, No. 309, §2, eff. June 16, 1999.