Definitions

As used in this article 36.5: (1) "Amendment" means a document that removes an unlawful restriction. (2) "Association of owners" has the same meaning as "association" as set forth in section 38-33.3-103 (3). (3) "Common interest community" has the same meaning as set forth in section 38-33.3-103 (8). (4) "Document" means a record recorded or eligible to be recorded in land records. (5) "Governing instrument" has the same meaning as "declaration", as defined in section 38-33.3-103 (13). (6) "Grantee index" means the grantee index maintained in a recorder's office pursuant to section 30-10-408. (7) "Grantor index" means the grantor index maintained in a recorder's office pursuant to section 30-10-408. (8) "Land records" means the real estate records in the office of the recorder pursuant to section 30-10-406 (1). (9) "Owner" means a person that has a fee interest in real property. (10) "Person" means an individual, business trust, estate, trust, corporation, partnership, limited liability company, association, joint venture, public corporation or other business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity. (11) "Record", used as a noun, means information: (a) Inscribed on a tangible medium; or (b) Stored in an electronic or other medium and retrievable in perceivable form. (12) "Recorder" means a county clerk and recorder. (13) "Remove" means eliminate any apparent or purportedly continuing effect on title to real property. (14) "Unlawful restriction" means a prohibition, restriction, covenant, or condition in a document that purports to interfere with or restrict the transfer, use, or occupancy of real property: (a) On the basis of race, color, religion, national origin, sex, familial status, disability, or other personal characteristics; and (b) In violation of other law of this state, including section 24-34-502, regarding unfair or discriminatory housing practices, or federal law.