Terms Used In Delaware Code > Title 26 > Chapter 14 - Self-Sufficient Water Supply

• Building: means any multi-unit building or buildings or complex thereof, whether in vertical or horizontal arrangement, as well as other improvements comprising a part of the property and used or intended for use for residential, commercial or industrial purposes or for any other lawful purpose or for any combination of such uses. See Delaware Code Title 25 Sec. 2202
• Code of regulations: means such governing regulations as are adopted pursuant to this chapter for the regulation and management of the property, including such amendments thereof as may be adopted from time to time. See Delaware Code Title 25 Sec. 2202
• Commission: means the Public Service Commission. See Delaware Code Title 26 Sec. 102
• Common elements: means and includes:

  a. See Delaware Code Title 25 Sec. 2202

• Common expenses: means and includes:

  a. See Delaware Code Title 25 Sec. 2202

• Council: means a board of natural individuals of the number stated in the code of regulations all of whom shall be either residents of this State or unit owners, as defined in paragraph (21) of this section, but need not be both, and who shall manage the business operation and affairs of the property on behalf of the unit owners and in compliance with and subject to the provisions of this chapter. See Delaware Code Title 25 Sec. 2202
• Declaration: means the instrument by which the owner in fee simple or lessee of the property submits it to the provisions of this chapter as hereinafter provided and all amendments thereof. See Delaware Code Title 25 Sec. 2202
• Declaration plan: means a survey of the property prepared in accordance with § 2219 of this title. See Delaware Code Title 25 Sec. 2202
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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}
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nonresidential purposes: means use for a purpose other than use for a dwelling and appurtenant recreational purposes, or both. See Delaware Code Title 25 Sec. 2202
• Person: means a natural individual, corporation, partnership, association, trustee or other legal entity. See Delaware Code Title 25 Sec. 2202
• Property: means and includes the land, the building, all improvements thereon, all owned either in fee simple or under lease, and all easements, rights and appurtenances belonging thereto which have been or are intended to be submitted to the provisions of this chapter. See Delaware Code Title 25 Sec. 2202
• Recorded: means that an instrument has been duly entered of record in the office of the recorder of deeds of the county in which the property is situate. See Delaware Code Title 25 Sec. 2202
• Recorder: means the recorder of deeds of the county in which the property is situate. See Delaware Code Title 25 Sec. 2202
• Repair and replacement reserve: means a reserve fund maintained by the council solely for the repair and replacement of common elements, and for no other purpose (including operating budget shortfalls or other expenditures appropriate to a contingency reserve). See Delaware Code Title 25 Sec. 2202
• Reserve study: means an analysis, performed or updated within the last 5 years by 1 or more independent engineering, architectural or construction contractors, or other qualified persons, of the remaining useful life and the estimated cost to replace each separate system and component of the common elements, the purpose of which analysis is to inform the council and the unit owners of the amount which should be maintained from year to year in a fully funded repair and replacement reserve to minimize the need for special assessments. See Delaware Code Title 25 Sec. 2202
• system: shall mean a facility within this State which is constructed in whole or in part in, on, under or over any highway, road, street, alley, or other public place and which is operated to perform the service of receiving and amplifying the signals of 1 or more radio and/or television broadcasting stations and distributing such signals by cable, wire or other means to members of the public who subscribe to such service; provided that nothing herein is intended to prohibit any system from engaging in any other activity not expressly prohibited by law; except that such definition shall not include (i) any system which serves fewer than 50 subscribers; or (ii) any system which serves only the residents of 1 or more apartment dwellings or mobile home or trailer parks under common ownership, control or management, and commercial establishments located on the premises of such dwellings; or (iii) telephone, telegraph or electric utilities in those cases where the activity of such utility in connection with a cable system is limited to leasing or renting to cable systems, cables, wires, poles, towers or other electronic equipment or rights to use real property as part of, or for use in connection with, the operation of a cable system. See Delaware Code Title 26 Sec. 102
• Trustee: A person or institution holding and administering property in trust.
• Unit: means a part of the property designed or intended for any type of independent use which has a direct exit to a public street or way, or to a common element or common elements leading to a public street or way, or to an easement or right-of-way leading to a public street or way, and includes the proportionate undivided interest in the common elements which is assigned thereto in the declaration or any amounts thereof. See Delaware Code Title 25 Sec. 2202
• Unit owner: means the person or persons owning a unit. See Delaware Code Title 25 Sec. 2202
• Water utility: shall mean any person or entity operating within this State any water service, system, plant or equipment for public use. See Delaware Code Title 26 Sec. 102