Terms Used In Rhode Island General Laws > Chapter 34-36 - Condominium Ownership

• 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.
• Appraisal: A determination of property value.
• Association of unit owners: means all of the unit owners acting as a group in accordance with the declaration and bylaws. See Rhode Island General Laws 34-36-3
• Building: means a building, containing four (4) or more units, or two (2) or more buildings, with a total of four (4) or more units for all the buildings, and comprising a part of the property. See Rhode Island General Laws 34-36-3
• Common expenses: means and includes:

  (i)  All sums lawfully assessed against the unit owners;

  (ii)  Expenses of administration, maintenance, repair, or replacement of the common areas and facilities;

  (iii)  Expenses agreed upon as common expenses by the association of unit owners;

  (iv)  Expenses declared common expenses by provisions of this chapter, or by the declaration or the bylaws. See Rhode Island General Laws 34-36-3

• Condominium: means the ownership of a single unit in a multi-unit project together with an undivided interest in common in the common areas and facilities of the property. See Rhode Island General Laws 34-36-3
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Declaration: means the instrument by which the property is submitted to the provisions of this chapter, as it from time to time may be lawfully amended. See Rhode Island General Laws 34-36-3
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: 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.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Grantor: The person who establishes a trust and places property into it.
• Inter vivos: Transfer of property from one living person to another living person.
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited common areas and facilities: means and include those 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. See Rhode Island General Laws 34-36-3
• Management committee: means the committee as provided in the declaration charged with and having the responsibility and authority to make and to enforce all of the reasonable rules and regulations covering the operation and maintenance of the property. See Rhode Island General Laws 34-36-3
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means individual, corporation, partnership, association, trustee or other legal entity. See Rhode Island General Laws 34-36-3
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Property: means and includes the land, the building, all improvements and structures thereon, all easements, rights, and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith. See Rhode Island General Laws 34-36-3
• Quorum: The number of legislators that must be present to do business.
• real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Record of survey map: means a plat or plats of survey of the property and of all units in the property submitted to the provisions of this chapter, which may consist of a three-dimensional, horizontal, and vertical delineation of all such units. See Rhode Island General Laws 34-36-3
• Service of process: The service of writs or summonses to the appropriate party.
• Statute: A law passed by a legislature.
• Trustee: A person or institution holding and administering property in trust.
• Unit: means a part of the property intended for any type of independent use, including one or more rooms or spaces located in one or more floors (or part or parts of floors) in a building. See Rhode Island General Laws 34-36-3
• Unit number: means the number, letter or combination thereof designating the unit in the declaration and in the record of survey map. See Rhode Island General Laws 34-36-3
• Unit owner: means the person or persons owning a unit in fee simple and an undivided interest in the fee simple estate of the common areas and facilities in the percentage specified and established in the declaration. See Rhode Island General Laws 34-36-3