448.010. Definitions. — As used in sections 448.005 to 448.210, unless the context otherwise requires, the following terms mean:
(1) "Common elements", all portions of the property except the units;
(2) "Declaration", the instrument and amendments thereto by which the property is submitted to the provisions of sections 448.005 to 448.210, as hereinafter provided, and the declaration as from time to time amended;
(3) "Developer", the person, firm, or corporation who establishes a condominium through the recording of a declaration, bylaws, and plat. In the event the developer transfers the property prior to completion of the construction program, the developer shall include any transferee who acquires the property for purposes of completing the construction as shown on the plat or amended plats;
(4) "Majority" or "majority of the unit owners", the owners of more than fifty percent in the aggregate in interest of the undivided ownership of the common elements. Any specified percentage of the unit owners means such percentage in the aggregate in interest of the undivided ownership;
(5) "Parcel", the lot or lots, tract or tracts of land, including additional tracts added by subsequent amendment described in the declaration or amendments thereto, submitted to the provisions of sections 448.005 to 448.210;
(6) "Person", a natural individual, corporation, partnership, trustee or other legal entity capable of holding title to real property;
(7) "Plat", a plat or plats of survey or surveys together with amendments thereto of the parcel or parcels and of all units which are proposed for inclusion in the property or properties submitted to the provisions of sections 448.005 to 448.210, which plat or plats may consist of a three-dimensional horizontal and vertical delineation of all such units;
(8) "Property", all the land, property or properties and space comprising the parcel or parcels, all improvements and structures erected, constructed or contained therein or thereon, including the building and all easements, rights and appurtenances belonging thereto, and all fixtures and equipment intended for the mutual use, benefit or enjoyment of the unit owners, submitted to the provisions of sections 448.005 to 448.210;
(9) "Record", to record in the office of the recorder of deeds of the county wherein the property is located;
(10) "Unit", a part of the property including one or more rooms, occupying one or more floors or a part or parts thereof, designed and intended for any type of independent use, and having lawful access to a public way;
(11) "Unit owner", the person or persons whose estates or interests, individually or collectively, aggregate fee simple absolute ownership of a unit.
Notes of Decisions
Cited in
8
cases, 1978–2015 · leading case:
Ryan v. Baptiste, 565 S.W.2d 196 (Mo. Ct. App. 1978).
Ryan v. Baptiste, 565 S.W.2d 196 (Mo. Ct. App. 1978).
· cites it 2× “Louis County, pursuant to § 448.010, RSMo.1969. Plaintiff is one of the original purchasers and owned one of eight units in building 29 of the Burtonwood complex.”
Bradley v. Mullenix, 763 S.W.2d 272 (Mo. Ct. App. 1988).
“Both assign ownership interest in the common elements and proportionate share of common element expense on the basis of the percentage of each unit to the total units listed in the Declaration.”
Porter v. Hawks Nest, Inc., 659 S.W.2d 786 (Mo. Ct. App. 1983).
· cites it 2× “See § 448.010(1), RSMo 1978. The effeet of the injunction is to award to one unit owner, plaintiff, an exclusive right to what belongs to all.”
Epstein v. Villa Dorado Condo. Ass'n, 371 S.W.3d 23 (Mo. Ct. App. 2012).
· cites it 4× “” Section 448.010(1). The “declaration” is “the instrument and amendments thereto by which the property is submitted to the provisions of [the CPA] and the declaration as from time to time amended.”
Stolba v. Vesci, 909 S.W.2d 706 (Mo. Ct. App. 1995).
“” They also refer to the enactment of the Condominium Property Act, RSMo §§ 448.010, et seq., in 1963, and the Uniform Condominium Act, RSMo 448.”
Willows Condo. Owners Ass'n v. Michael Kraus, Rosemary Lanzone, Sheryl Fiala, Thomas Long, Dennis Batteram, Nathan Sutton & Shannon Sutton, Paul Roberts & Moonbow Props., LLC, & Stanley Wolinski & Jean Wolinski, Darren Lowder & Brenda Lowder, No. SD33447 (Mo. Ct. App. Mar. 23, 2015).
· cites it 2× “]” See § 448.010(10) (defining a condominium “unit” in nearly identical terms).”
Reed v. Sunset Cove Condo. Owners Ass'n, 199 S.W.3d 875 (Mo. Ct. App. 2006).
· cites it 2× “§ 448.010(10), RSMo 1994, defined "unit” with respect to condominiums created before September 28, 1983, as "a part of the property including one or more rooms, occupying one or more floors or a part or parts thereof, designed and intended for any type of independent use, and…”
Mo. Rev. Stat. § 448.010(1): 2 cases
Porter v. Hawks Nest, Inc., 659 S.W.2d 786 (Mo. Ct. App. 1983).
“See § 448.010(1), RSMo 1978. The effeet of the injunction is to award to one unit owner, plaintiff, an exclusive right to what belongs to all.”
Epstein v. Villa Dorado Condo. Ass'n, 371 S.W.3d 23 (Mo. Ct. App. 2012).
“” Section 448.010(1). The “declaration” is “the instrument and amendments thereto by which the property is submitted to the provisions of [the CPA] and the declaration as from time to time amended.”
Mo. Rev. Stat. § 448.010(10): 4 cases
Bradley v. Mullenix, 763 S.W.2d 272 (Mo. Ct. App. 1988).
“Both assign ownership interest in the common elements and proportionate share of common element expense on the basis of the percentage of each unit to the total units listed in the Declaration.”
Willows Condo. Owners Ass'n v. Michael Kraus, Rosemary Lanzone, Sheryl Fiala, Thomas Long, Dennis Batteram, Nathan Sutton & Shannon Sutton, Paul Roberts & Moonbow Props., LLC, & Stanley Wolinski & Jean Wolinski, Darren Lowder & Brenda Lowder, No. SD33447 (Mo. Ct. App. Mar. 23, 2015).
“]” See § 448.010(10) (defining a condominium “unit” in nearly identical terms).”
Reed v. Sunset Cove Condo. Owners Ass'n, 199 S.W.3d 875 (Mo. Ct. App. 2006).
“§ 448.010(10), RSMo 1994, defined "unit” with respect to condominiums created before September 28, 1983, as "a part of the property including one or more rooms, occupying one or more floors or a part or parts thereof, designed and intended for any type of independent use, and…”
Mo. Rev. Stat. § 448.010(2): 1 case
Epstein v. Villa Dorado Condo. Ass'n, 371 S.W.3d 23 (Mo. Ct. App. 2012).
“” Section 448.010(1). The “declaration” is “the instrument and amendments thereto by which the property is submitted to the provisions of [the CPA] and the declaration as from time to time amended.”
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