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The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a) Builder means any entity or individual, including, but not limited to, a builder, developer, general contractor, contractor, subcontractor, architect, engineer or original seller who performs or furnishes the design, supervision, inspection, construction or observation of any improvement to real property that is intended to be occupied as a dwelling or to provide access or amenities to such an improvement.

(b) Building code means the several technical codes adopted in chapters 22 and 66 of this Code that govern the design, construction, alteration, addition, maintenance, repair, removal, demolition, location, use, and occupancy of buildings and structures in the City, as the same may be amended or modified.

(c) Common interest community means real estate described in a declaration with respect to which a person, by virtue of such person's ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance or improvements of other real estate described in a declaration.

(d) Condominium means a common interest community in which portions of the real estate are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate ownership portions. A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

(e) Construction defect means any alleged defect in the design or construction of an improvement to real property which causes any damages to, or the loss of use of, real or personal property, or personal injury, including, but not limited to, any condition where a structure or any portion thereof does not conform in all material respects to the applicable section(s) of the building code, or does not conform to the manufacturer's specifications if those specifications are more strict than the applicable provisions of the building code.

(f) Homeowner means any person who owns a unit in a condominium or in a multi-family building in a common interest community, but shall not include any declarant or any person having an interest in a unit solely as security for an obligation.

(g) Homeowners' association means a unit owners' association formed to represent the interest of homeowners owning units in a condominium or in a multi-family building in a common interest community. (Ord. No. 2015-35, § 1, 9-14-2015)