Vermont § 1-103 - Definitions In this title: (1) “Affiliate of a declarant” means any person who controls, is controlled by, or is under common control with a declarant. (A) A person “controls” a declarant if the person:

§ 1-103. Definitions In this title: (1) “Affiliate of a declarant” means any person who controls, is controlled by, or is under common control with a declarant. (A) A person “controls” a declarant if the person:

• (i) is a general partner, officer, director, or employer of the declarant; (ii) directly or indirectly or acting in concert with one or more other persons, or through
  one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies
  representing more than 20 percent of the voting interest in the declarant; (iii) controls in any manner the election of a majority of the directors of the declarant;
  or (iv) has contributed more than 20 percent of the capital of the declarant. (B) A person “is controlled by” a declarant if the declarant: (i) is a general partner, officer, director, or employer of the person; (ii) directly or indirectly or acting in concert with one or more other persons, or through
  one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies
  representing more than 20 percent of the voting interest in the person; (iii) controls in any manner the election of a majority of the directors of the person;
  or (iv) has contributed more than 20 percent of the capital of the person. (C) Control does not exist if the powers described in this subdivision (1) are held solely
  as security for an obligation and are not exercised. (2) “Allocated interests” mean the following interests allocated to each unit: (A) In a condominium, the undivided interest in the common elements, the common expense
  liability, and votes in the association. (B) In a planned community, the common expense liability and votes in the association. (3) “Association” or “unit owners’ association” means the unit owners’ association organized
  under section 3-101 of this title. (4) “Common elements” means: (A) In a condominium, all portions of the common interest community other than the units. (B) In a planned community, any real estate within a planned community owned or leased
  by the association, other than a unit. (5) “Common expenses” means expenditures made by or financial liabilities of the association
  together with any allocations to reserves. (6) “Common expense liability” means the liability for common expenses allocated to each
  unit pursuant to section 2-107 of this title. (7) “Common interest community” means real estate described in a declaration with respect
  to which a person, by virtue of the person’s ownership of a unit, is obligated to
  pay for a share of real estate taxes on, insurance premiums, maintenance, or improvement
  of, or services or other expenses related to common elements, other units, or other
  real estate other than that unit described in the declaration. The term does not include
  an arrangement described in section 1-207 of this title. For purposes of this subdivision, ownership of a unit does not include holding a
  leasehold interest of less than five years in a unit, including renewal options. (8) “Condominium” means a common interest community in which portions of the real estate
  are designated for separate ownership and the remainder of the real estate is designated
  for common ownership solely by the owners of those portions. A common interest community
  is not a condominium unless the undivided interests in the common elements are vested
  in the unit owners. (9) “Conversion building” means a building that at any time before creation of the common
  interest community was occupied wholly or partially by persons other than purchasers
  and persons who occupy with the consent of purchasers. (10) “Cooperative” means a regime created pursuant to 11 V.S.A. chapter 14; a cooperative is not a common interest community for the purposes of this title. (11) “Dealer” means a person in the business of selling units for his or her own account. (12) “Declarant” means a person or group of persons acting in concert that: (A) as a part of a common promotional plan, offers to dispose of the interest of the person
  or group of persons in a unit not previously disposed of; or (B) reserves or succeeds to any special declarant right. (13) “Declaration” means any instruments, however denominated, that create a common interest
  community and any amendments to those instruments. (14) “Development rights” means any right or combination of rights reserved by a declarant
  in the declaration to: (A) add real estate to a common interest community; (B) create units, common elements, or limited common elements within a common interest
  community; (C) subdivide units or convert units into common elements; or (D) withdraw real estate from a common interest community. (15) “Dispose” or “disposition” means a voluntary transfer to a purchaser of any legal
  or equitable interest in a unit but does not include the transfer or release of a
  security interest. (16) “Executive board” means the body, regardless of name, designated in the declaration
  or bylaws, which has the power to act on behalf of the association. (17) “Identifying number” means a symbol or address that identifies only one unit in a
  common interest community. (18) “Leasehold common interest community” means a common interest community in which all
  or a portion of the real estate is subject to a lease the expiration or termination
  of which will terminate the common interest community or reduce its size. (19) “Limited common element” means a portion of the common elements allocated by the declaration
  or by operation of subdivision 2-102(2) or (4) of this title for the exclusive use
  of one or more but fewer than all of the units. (20) “Master association” means an organization described in section 2-120 of this title, whether or not it is also an association described in section 3-101 of this title. (21) “Offer” or “Offering” means any advertisement, inducement, solicitation, or attempt
  to encourage any person to acquire any interest in a unit, other than as security
  for an obligation. An advertisement in a newspaper or other periodical of general
  circulation or in any broadcast medium to the general public of a common interest
  community not located in this State is not an offering if the advertisement states
  that an offering may be made only in compliance with the law of the jurisdiction in
  which the common interest community is located. (22) “Person” means an individual, corporation, limited liability company, limited liability
  partnership, business trust, estate, trust, partnership, association, joint venture,
  government, governmental subdivision or agency, or other legal or commercial entity.
  In the case of a land trust, “person” means the beneficiary of the trust rather than
  the trust or trustee. (23) “Planned community” means a common interest community that is not a condominium or
  cooperative. A condominium or cooperative may be part of a planned community. (24) “Purchaser” means any person, other than a declarant or a dealer, who by means of
  a voluntary transfer acquires a legal or equitable interest in a unit other than: (A) a leasehold interest, including renewal options, of less than 20 years; or (B) as security for an obligation. (25) “Real estate” means any leasehold or other estate or interest in, over or under land,
  including structures, fixtures, and other improvements and interests that by custom,
  usage, or law pass with a conveyance of land though not described in the contract
  of sale or instrument of conveyance. “Real estate” includes parcels with or without
  upper or lower boundaries and spaces that may be filled with air or water. (26) “Residential purposes” means use for dwelling or recreational purposes, or both. (27) “Security interest” means an interest in real estate or personal property, created
  by contract or conveyance, which secures payment or performance of an obligation.
  “Security interest” includes a lien created by a mortgage, deed of trust, trust deed,
  security deed, contract for deed, land sales contract, lease intended as security,
  assignment of lease or rents intended as security, pledge of an ownership interest
  in an association, and any other consensual lien or title retention contract intended
  as security for an obligation. (28) “Special declarant rights” means rights reserved for the benefit of a declarant to: (A) complete improvements indicated on plats and plans filed with the declaration as provided
  in section 2-109 of this title or to complete improvements described in the public offering statement pursuant to
  subdivision 4-103(a)(2) of this title; (B) exercise any declarant right pursuant to section 2-110 of this title; (C) maintain sales offices, management offices, signs advertising the common interest
  community, and models (section 2-115); (D) use easements through the common elements for the purpose of making improvements within
  the common interest community or within real estate that may be added to the common
  interest community (section 2-116); (E) make the common interest community subject to a master association (section 2-120); (F) merge or consolidate a common interest community with another common interest community
  of the same form of ownership (section 2-121); (G) appoint or remove any officer of the association or any master association or any
  executive board member during any period of declarant control (section 3-103); (H) control any construction, design review, or aesthetic standards committee or process; (I) attend meetings of the unit owners and, except during an executive session, the executive
  board; and (J) have access to the records of the association to the same extent as a unit owner. (29) “Time share” means a time share estate as defined by 32 V.S.A. § 3619(a). (30) “Unit” means a physical portion of the common interest community designated for separate
  ownership or occupancy. (31) “Unit owner” means a declarant or other person that owns a unit. (32) “Assessment” means the sum attributable to each unit and due to the association pursuant
  to the budget adopted under section 3-123 of this title. (33) “Association” means the unit owners association. (34) “Bylaws” means the instruments, however denominated, that contain the procedures for
  conduct of the affairs of the association, regardless of the form in which the association
  is organized, including any amendments to the instruments. (35) “Record,” used as a noun, means information that is inscribed on a tangible medium
  or that is stored in an electronic or other medium and is retrievable in perceivable
  form. (36) “Residential purposes” means use for dwelling or recreational purposes, or both. (37) “Rule” means a policy, guideline, restriction, procedure, or regulation of an association,
  however denominated, which is not set forth in the declaration or bylaws and which
  governs the conduct of persons or the use or appearance of property. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 1, eff. Jan. 1, 2012.)