Maine Revised Statutes > Title 13 > Part 2 > Chapter 85 > Subchapter 1-A – Cooperative Affordable Housing Ownership
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Terms Used In Maine Revised Statutes > Title 13 > Part 2 > Chapter 85 > Subchapter 1-A - Cooperative Affordable Housing Ownership
- Abuse: includes , but is not limited to, rape or sexual assault, the striking of an individual, the use of excessive force in the use of bodily restraints, the use of bodily or chemical restraints in a manner that is not in compliance with federal and state laws, regulations and rules and verbal, nonverbal, mental and emotional harassment. See Maine Revised Statutes Title 5 Sec. 19503
- Accessory dwelling unit: means a self?contained dwelling unit located within, attached to or detached from a single-family dwelling unit located on the same parcel of land. See Maine Revised Statutes Title 30-A Sec. 4301
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Affordable housing: means a decent, safe and sanitary dwelling, apartment or other living accommodation for a household whose income does not exceed 80% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. See Maine Revised Statutes Title 30-A Sec. 4301
- Age-friendly community: means a community where policies, services, settings and structures support and enable older people to actively age in place and that recognizes the capabilities, resources and needs of older adults, plans to meet the needs of older adults in flexible ways that support healthy and active aging, promotes the inclusion and contributions of older adults in all areas of community life, respects the self-determination and independence of older adults and protects those older adults who are most vulnerable. See Maine Revised Statutes Title 30-A Sec. 4301
- Agency: means the protection and advocacy agency for persons with disabilities, designated by the Governor. See Maine Revised Statutes Title 5 Sec. 19503
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Cabinet: means the Children's Cabinet established in section 19131. See Maine Revised Statutes Title 5 Sec. 24051
- Cluster development: means a form of development that allows a subdivision design in which individual lot sizes and setbacks are reduced in exchange for the creation of common open space and recreation areas, the preservation of environmentally sensitive areas, agriculture and silviculture and the reduction in the size of road and utility systems. See Maine Revised Statutes Title 30-A Sec. 4301
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Complaint: means , but is not limited to, any report or communication, formal or informal, written or oral, including media accounts and telephone calls from any source, including anonymous calls, alleging abuse or neglect of a person with a disability. See Maine Revised Statutes Title 5 Sec. 19503
- Comprehensive plan: means a document or interrelated documents containing the elements established under section 4326, subsections 1 to 4, including the strategies for an implementation program which are consistent with the goals and guidelines established under subchapter II. See Maine Revised Statutes Title 30-A Sec. 4301
- Conditional zoning: means the process by which the municipal legislative body may rezone property to permit the use of that property subject to conditions not generally applicable to other properties similarly zoned. See Maine Revised Statutes Title 30-A Sec. 4301
- Contract: A legal written agreement that becomes binding when signed.
- Contract zoning: means the process by which the property owner, in consideration of the rezoning of that person's property, agrees to the imposition of certain conditions or restrictions not imposed on other similarly zoned properties. See Maine Revised Statutes Title 30-A Sec. 4301
- Conversion: means a change in character of residential real property from a rental to an ownership basis. See Maine Revised Statutes Title 13 Sec. 1742
- Cooperative affordable housing corporation: means a domestic corporation that is organized under or elects to be governed by the provisions of this subchapter. See Maine Revised Statutes Title 13 Sec. 1742
- Cooperative interest: means the ownership interest in a cooperative affordable housing corporation that is evidenced by a membership share. See Maine Revised Statutes Title 13 Sec. 1742
- Cooperative property: means the real and personal property, including mobile and manufactured homes, in this State owned or leased by a cooperative affordable housing corporation for the primary purpose of residential use. See Maine Revised Statutes Title 13 Sec. 1742
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Council: means the Maine Children's Cabinet Early Childhood Advisory Council established in subsection 2. See Maine Revised Statutes Title 5 Sec. 24051
- Critical rural area: means a rural area that is specifically identified and designated by a municipality's or multimunicipal region's comprehensive plan as deserving maximum protection from development to preserve natural resources and related economic activities that may include, but are not limited to, significant farmland, forest land or mineral resources; high-value wildlife or fisheries habitat; scenic areas; public water supplies; scarce or especially vulnerable natural resources; flood buffer areas and flood-prone areas; and open lands functionally necessary to support a vibrant rural economy. See Maine Revised Statutes Title 30-A Sec. 4301
- Critical waterfront area: means a shorefront area characterized by functionally water-dependent uses, as defined in Title 38, section 436?A, subsection 6, and specifically identified and designated by a municipality's or multimunicipal region's comprehensive plan as deserving maximum protection from incompatible development. See Maine Revised Statutes Title 30-A Sec. 4301
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Department: means the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 30-A Sec. 4301
- Development: means a change in land use involving alteration of the land, water or vegetation, or the addition or alteration of structures or other construction not naturally occurring. See Maine Revised Statutes Title 30-A Sec. 4301
- Developmental disability: means a disability attributable to a mental or physical impairment or combination of mental and physical impairments that:
A. See Maine Revised Statutes Title 5 Sec. 19503Docket: A log containing brief entries of court proceedings. Downtown: means :
A. See Maine Revised Statutes Title 30-A Sec. 4301Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex officio: Literally, by virtue of one's office. Exploitation: means the illegal or improper use of an individual or the individual's resources for another's profit or advantage. See Maine Revised Statutes Title 5 Sec. 19503 Facility: includes any facility providing services, supports and other assistance or residential services or treatment that operates without a license that is required by law, ordinance or rule. See Maine Revised Statutes Title 5 Sec. 19503 Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Growth area: means an area that is designated in a municipality's or multimunicipal region's comprehensive plan as suitable for orderly residential, commercial or industrial development, or any combinations of those types of development, and into which most development projected over 10 years is directed. See Maine Revised Statutes Title 30-A Sec. 4301 Growth management program: means a document containing the components described in section 4326, including the implementation program, that is consistent with the goals and guidelines established by subchapter II and that regulates land use beyond that required by Title 38, chapter 3, subchapter I, article 2?B. See Maine Revised Statutes Title 30-A Sec. 4301 Growth-related capital investment: means investment by the State in only the following projects, even if privately owned, whether using state, federal or other public funds and whether in the form of a purchase, lease, grant, loan, loan guarantee, credit, tax credit or other financial assistance:
A. See Maine Revised Statutes Title 30-A Sec. 4301Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Home rule authority: means the powers granted to municipalities under chapter 111; section 3001; and the Constitution of Maine, Article VIII, Part Second. See Maine Revised Statutes Title 30-A Sec. 2001 Impact fee: means a charge or assessment imposed by a municipality against a new development to fund or recoup a portion of the cost of new, expanded or replacement infrastructure facilities necessitated by and attributable at least in part to the new development. See Maine Revised Statutes Title 30-A Sec. 4301 Impact fee ordinance: means an ordinance that establishes the applicability, formula and means by which impact fees are assessed. See Maine Revised Statutes Title 30-A Sec. 4301 Implementation program: means that component of a local growth management program that begins after the adoption of a comprehensive plan and that includes the full range of municipal policy-making powers, including spending and borrowing powers, as well as the powers to adopt or implement ordinances, codes, rules or other land use regulations, tools or mechanisms that carry out the purposes and general policy statements and strategies of the comprehensive plan in a manner consistent with the goals and guidelines of subchapter 2. See Maine Revised Statutes Title 30-A Sec. 4301 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land use ordinance: means an ordinance or regulation of general application adopted by the municipal legislative body which controls, directs or delineates allowable uses of land and the standards for those uses. See Maine Revised Statutes Title 30-A Sec. 4301 lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Learning disability: means a disorder exhibited in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or to do mathematical calculations. See Maine Revised Statutes Title 5 Sec. 19503 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Lender: includes , but is not limited to, the following institutional lenders whose policies and procedures are subject to governmental supervision:
A. See Maine Revised Statutes Title 13 Sec. 1742Limited equity cooperative: means a cooperative affordable housing corporation organized in accordance with section 1754. See Maine Revised Statutes Title 13 Sec. 1742 Limited equity formula: means a rule or method for determining the transfer value of a share in a limited equity cooperative. See Maine Revised Statutes Title 13 Sec. 1742 Local climate action plan: means a planning and decision-making document adopted by a municipality or multimunicipal region that:
A. See Maine Revised Statutes Title 30-A Sec. 4301Low income: means income that is less than or equal to 80% of median income for the area, adjusted for family size, in accordance with federal standards generally accepted at the time of incorporation under this subchapter and comparable to standards of the federal Department of Housing and Urban Development in existence on the effective date of this section. See Maine Revised Statutes Title 13 Sec. 1742 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Member: means a person who owns a cooperative interest. See Maine Revised Statutes Title 13 Sec. 1742 Mental illness: means a significant mental illness or emotional impairment, as determined by a qualified mental health professional. See Maine Revised Statutes Title 5 Sec. 19503 Minimum finance charge: The minimum, or fixed, finance charge that will be imposed during a billing cycle. A minimum finance charge usually applies only when a finance charge is imposed, that is, when you carry over a balance. Source: Federal Reserve Moderate income: means income that is less than or equal to 100% of median income for the area, adjusted for family size, in accordance with federal standards generally accepted at the time of incorporation under this subchapter and comparable to standards of the federal Department of Housing and Urban Development in existence on the effective date of this section. See Maine Revised Statutes Title 13 Sec. 1742 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Moratorium: means a land use ordinance or other regulation approved by a municipal legislative body that, if necessary, may be adopted on an emergency basis and given immediate effect and that temporarily defers all development, or a type of development, by withholding any permit, authorization or approval necessary for the specified type or types of development. See Maine Revised Statutes Title 30-A Sec. 4301 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Multimunicipal region: means a region made up of 2 or more municipalities that work together to cooperatively establish a growth management program or independent growth management programs that are unified with respect to the implementation of the state goal identified in section 4312, subsection 3, paragraph A. See Maine Revised Statutes Title 30-A Sec. 4301 municipal clerk: means the clerk of a municipality. See Maine Revised Statutes Title 30-A Sec. 2001 Municipal legislative body: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipal officers: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipal reviewing authority: means the municipal planning board, agency or office, or if none, the municipal officers. See Maine Revised Statutes Title 30-A Sec. 4301 Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001 National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC Neglect: includes , but is not limited to, failure to establish or carry out an individual program, treatment or habilitation plan or the deprivation of or failure to meet essential needs, including needs for adequate nutrition, clothing, health care and a safe environment. See Maine Revised Statutes Title 5 Sec. 19503 Pawn transaction: means the lending of money on the security of pledged tangible personal property that is delivered to a pawnbroker and held by the pawnbroker. See Maine Revised Statutes Title 30-A Sec. 3960 Pawnbroker: means a person who engages in pawn transactions. See Maine Revised Statutes Title 30-A Sec. 3960 Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001 Person with a disability: means a person with a physical or mental impairment that substantially limits one or more of the major life activities of that person and includes, but is not limited to, a person with a developmental disability, a learning disability or a mental illness. See Maine Revised Statutes Title 5 Sec. 19503 Personal property: All property that is not real property. Personnel: means staff employed by the agency. See Maine Revised Statutes Title 5 Sec. 19503 Planning committee: means the committee established by the municipal officers of a municipality or combination of municipalities that has the general responsibility established under sections 4324 and 4326. See Maine Revised Statutes Title 30-A Sec. 4301 Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Probable cause: A reasonable ground for belief that the offender violated a specific law. Probable cause: means a reasonable ground for belief that a person with a disability has been or may be subject to abuse or neglect. See Maine Revised Statutes Title 5 Sec. 19503 Probate: Proving a will Proprietary lease: means an agreement with a cooperative affordable housing corporation governing a member's right to occupancy under which a member has an exclusive possessory interest in a unit. See Maine Revised Statutes Title 13 Sec. 1742 Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator. Public drinking water supplier: means a public water supplier as defined by the federal Safe Drinking Water Act that provides drinking water from a source water protection area. See Maine Revised Statutes Title 30-A Sec. 2001 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Rate of growth ordinance: means a land use ordinance or other rule that limits the number of building or development permits issued by a municipality or other jurisdiction over a designated time frame. See Maine Revised Statutes Title 30-A Sec. 4301 Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Regional council: means a regional planning commission or a council of governments established under chapter 119, subchapter I. See Maine Revised Statutes Title 30-A Sec. 4301 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. residence: refer to an individual's place of domicile. See Maine Revised Statutes Title 30-A Sec. 2001 Resident: means any occupant of space owned by the cooperative affordable housing corporation. See Maine Revised Statutes Title 13 Sec. 1742 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Rural area: means a geographic area that is identified and designated in a municipality's or multimunicipal region's comprehensive plan as an area that is deserving of some level of regulatory protection from unrestricted development for purposes that may include, but are not limited to, supporting agriculture, forestry, mining, open space, erosion mitigation, water retention, wildlife habitat, fisheries habitat and scenic lands, and away from which most development projected over 10 years is diverted. See Maine Revised Statutes Title 30-A Sec. 4301 Service center community: means a municipality or group of municipalities identified by the department according to a methodology established by rule that includes 4 basic criteria, including level of retail sales, jobs-to-workers ratio, the amount of federally assisted housing and the volume of service sector jobs. See Maine Revised Statutes Title 30-A Sec. 4301 Sewer system: includes both sewers and sewage disposal systems and all property, rights, easements and franchises relating to those sewers and sewage disposal systems. See Maine Revised Statutes Title 30-A Sec. 2001 Share loan: means an agreement entered into by a member and a lender to finance the member's acquisition of the member's cooperative interest. See Maine Revised Statutes Title 13 Sec. 1742 Source water protection area: means an area that contributes recharge water to a surface water intake or public water supply well for a public drinking water supply. See Maine Revised Statutes Title 30-A Sec. 2001 Subscription agreement: means a written agreement between a prospective member and a cooperative affordable housing corporation for the purchase and sale of a cooperative interest. See Maine Revised Statutes Title 13 Sec. 1742 Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Transitional area: means an area that is designated in a municipality's or multimunicipal region's comprehensive plan as suitable for a share of projected residential, commercial or industrial development but that is neither intended to accept the amount or density of development appropriate for a growth area nor intended to provide the level of protection for rural resources afforded in a rural area or critical rural area. See Maine Revised Statutes Title 30-A Sec. 4301 Unit: means a portion of the cooperative property leased for exclusive occupancy by a member under a proprietary lease or leased to a tenant by lease agreement. See Maine Revised Statutes Title 13 Sec. 1742 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Uphold: The decision of an appellate court not to reverse a lower court decision. Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72 Young children: means children from birth until they complete grade 3. See Maine Revised Statutes Title 5 Sec. 24051 Zoning ordinance: means a type of land use ordinance that divides a municipality into districts and that prescribes and reasonably applies different regulations in each district. See Maine Revised Statutes Title 30-A Sec. 4301