§ 339-e. Definitions. As used in this article, unless the context\notherwise requires:\n 1. "Building" means a multi-unit building or buildings, or a group of\nbuildings whether or not attached to each other, comprising a part of\nthe property.\n * 1-a. "Capital replacement" means a building-wide replacement of a\nmajor component of any of the following systems:\n (a) elevator;\n (b) heating, ventilation and air conditioning;\n (c) environmental and sustainability upgrades;\n (d) plumbing;\n (e) wiring;\n (f) window; or\n (g) a major structural replacement to the building; provided, however,\nthat major structural replacements made to cure code violations of\nrecord shall not be included.\n * NB Repealed November 5, 2031\n 2. "Common charges" means each unit's proportionate share of the\ncommon expenses in accordance with its common interest.\n 3. "Common elements," unless otherwise provided in the declaration,\nmeans and includes:\n (a) The land on which the building is located;\n (b) The foundations, columns, girders, beams, supports, main walls,\nroofs, halls, corridors, lobbies, stairs, stairways, fire escapes, and\nentrances and exits of the building;\n (c) The basements, cellars, yards, gardens, recreational or community\nfacilities, parking areas and storage spaces;\n (d) The premises for the lodging or use of janitors and other persons\nemployed for the operation of the property;\n (e) Central and appurtenant installations for services such as power,\nlight, gas, hot and cold water, heating, refrigeration, air conditioning\nand incinerating;\n (f) The elevators, escalators, tanks, pumps, motors, fans,\ncompressors, ducts and in general all apparatus and installations\nexisting for common use;\n (g) Such facilities as may be designated as common elements in the\ndeclaration; and\n (h) All other parts of the property necessary or convenient to its\nexistence, maintenance and safety, or normally in common use.\n 4. "Common expenses" means and includes:\n (a) Expenses of operation of the property, and\n (b) All sums designated common expenses by or pursuant to the\nprovisions of this article, the declaration or the by-laws.\n 5. "Common interest" means the (i) proportionate, undivided interest\nin fee simple absolute, or (ii) proportionate undivided leasehold\ninterest in the common elements appertaining to each unit, as expressed\nin the declaration.\n 6. "Common profits" means the excess of all receipts of the rents,\nprofits and revenues from the common elements remaining after the\ndeduction of the common expenses.\n * 6-a. "Consummation of the preservation plan" means, in the context\nof a preservation plan for the conversion of residential rental property\nto condominium ownership that has been accepted for filing by the\ndepartment of law pursuant to section three hundred fifty-two-eeeee of\nthe general business law and subsequently amended to disclose that said\npreservation plan has been declared effective, (i) the recording of the\ndeclaration for the condominium and (ii) the closing of title to a\ndwelling unit with a purchaser under the preservation plan.\n * NB Repealed November 5, 2031\n 7. "Declaration" means the instrument by which the property is\nsubmitted to the provisions of this article, as hereinafter provided,\nand such instrument as from time to time amended, consistent with the\nprovisions of this article and of the by-laws.\n * 7-a. "Income-restricted rental unit", as used in section three\nhundred thirty-nine-mm of this article, means a unit that also meets the\ndefinition of "income-restricted rental unit" set forth in section three\nhundred fifty-two-eeeee of the general business law.\n * NB Repealed November 5, 2031\n 8. "Majority" of unit owners means either (i) more than fifty per cent\nin common interest in the aggregate, or (ii) more than fifty per cent in\nnumber of units in the aggregate, or (iii) more than fifty per cent in\nthe aggregate in both common in
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