Guam § 45102 - Definitions.

§ 45102. Definitions.

Unless it is plainly evident from the context that a different meaning is

intended, as used herein:

(a) Apartment means a part of the property intended for any type of use

or uses, and with an exit to a public street or highway or to a common

element or elements leading to a public street or highway, and may include

COL070307

such appurtenances as garage and other parking space, storage room,

balcony, terrace, and patio.

(b) Apartment owner means the person owning, or the persons owning

jointly or in common, an apartment and the common interest appertaining

thereto; provided, that to such extent and for such purposes, including the

exercise of voting rights, as shall be provided buy lease filed with the Board

of Directors, a lessee of an apartment shall be deemed to be the owner

thereof.

(c) Association of apartment owners means all the apartment owners

acting as a group in accordance with the bylaws and declaration.

(d) Building Official means the Director of Public Works, or his

deputy.

(e) Commission means the Territorial Land Use Commission of Guam,

as provided in Chapter 60 of this Title.

(f) Common elements, unless otherwise provided in the declaration,

means an includes:

(1) The land included in the horizontal property regime, whether

leased or in fee simple;

(2) The foundations, columns, girders, beams, supports, main

walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes,

and entrances and exits of the building or buildings;

(3) The basements, flat roofs, yards, gardens, recreational

facilities, parking areas, and storage spaces;

(4) The premises for the lodging or use of janitors and other

persons employed for the operation of the property;

(5) Central and appurtenant installations for services such as

power, light, gas, hot and cold water, heating, refrigeration, air

conditioning, and incinerators;

(6) The elevators, escalators, tanks, pumps, motors, fans,

compressors, ducts, and in general all apparatus and installations

existing for common use;

(7) Such facilities as may be designated as common elements in

the declaration; and

COL070307

(8) All other parts of the property necessary or convenient to its

existence, maintenance, and safety, or normally in common use.

(g) Common expense means and includes:

(1) Expenses of operation of the property; and

(2) All sums designated common expenses by or pursuant to this

Chapter, the declaration or the bylaws.

(h) Common interest means such percentage of the undivided interests

in the common elements appertaining to each apartment, as expressed in the

declaration, and any specified percentage of the common interests in the

aggregate.

(i) Common profits means the balance of all income, rents, profits, and

revenues from the common elements remaining after the deduction of the

common expenses.

(j) Condominium means the ownership of single units, with common

elements, located on property within the horizontal property regime.

(k) Project means a real estate condominium project: a plan or project

where a condominium of two or more apartments located within the

horizontal property regime are offered or proposed to be offered for sale.

(l) Declaration means the instrument by which the property is

submitted to this Chapter, as hereinafter provided, and such declaration as

from time to time amended.

(m) Developer means a person who undertakes to develop a real estate

condominium project.

(n) Limited common elements means and includes those common

elements designated in the declaration as reserved for the use of a certain

apartment or certain apartments to the exclusion of the other apartments;

provided, that no amendment of the declaration affecting any of the limited

common elements shall be effective without the consent of the owner or

owners of the apartment or apartments for the use of which such limited

common elements are reserved.

(o) Majority or majority of apartment owners means the owners of

apartments to which are appurtenant more than fifty per cent (50%) of the

common interests, and any specified percentage of the apartment owners

means the owners of the apartments to which are appurtenant such

percentage of the common interests.

COL070307

(p) Master deed or master lease means any deed or lease showing the

extent of the interest of the person submitting the property to the horizontal

property regime.

(q) Operation of the property means and includes the administration

and operation of the property and the maintenance, repair, and replacement

of, and the making of any additions and improvements to, the common

elements.

(r) Person means an individual firm, corporation, partnership,

association, trust, or other legal entity, or any combination thereof.

(s) Property means and includes the land, whether leasehold or in fee

simple, to the extent of the interest held therein by the owner or lessee

submitting such interest to the horizontal property regime, the building or

buildings, all improvements and all structures thereon, and all easements,

rights, and appurtenances belonging thereto, and all articles of personal

property intended for use in connection therewith, which have been or are

intended to be submitted to the regime established by this Chapter. A

property may include two or more parcels of land separated only by public

streets or ways.

(t) To record means to record in accordance with Chapters 29 through

39 of this Title.

(u) All pronouns used herein include the male, female, and neuter

genders and include the singular or plural numbers, as the case may be.

(v) Completion of construction means the issuance by the Building

Official of a certificate of completion.