79. Defined terms

In these Regulations, unless the context indicates otherwise, a reference to any of the following terms shall have the respective meanings set forth below —

"Abu Dhabi Global Market Area" means the land situated on Al Maryah Island, and further bounded as described in the Cabinet of Ministers Resolution (4) of 2013, as the same may be further adjusted or modified in accordance with applicable law;

"accessory lot" means a Strata Lot that is intended to be used in association with another Strata Lot (the "principal lot"), for purposes such as storage or parking but not for human occupation as a residence, shop, or the like;

"administrative fund" means a fund established by an Association to meet recurrent and capital expenditure by the Association;

"affiliate" means, in relation to any person or legal entity, (a) any other person that controls, is controlled by, or is under common control with such person, (b) in the case of a natural person, any individual who is a member of the immediate family (whether by birth or marriage) of such person, or (c) any person who directly or indirectly owns a ten percent (10%) or more equity interest in the subject person or in whom the subject person directly or indirectly owns a ten percent (10%) or more equity interest. For purposes of this definition "control" means the right to direct the management or policies of a legal entity through voting control, contract or otherwise;

"Association" means the management association for a strata development, which shall be formed as a private limited company pursuant to Companies Regulations 2015 and shall be established under the name "Strata Corporation No. [•]" with the addition of the name of the strata scheme, unless otherwise approved by the Registrar, and the name of which must end with the suffix "limited","LIMITED", "ltd", "LTD", "l.t.d.", or "L.T.D."

"boundary structure" means a wall, floor, ceiling or fence separating a Strata Lot from another Strata Lot;

"by-laws" means the by-laws with respect to any strata development which form part of the development's Strata Development Documents;

"Common Area Lot(s)" has the meaning set forth in section 1(2), and, for the avoidance of doubt, is a type of Strata Lot;

"common property" has the meaning set forth in section 9(1);

"extraordinary resolution" means a resolution passed at a duly convened meeting of the shareholders of the Association by at least 90% of the shares of the members present and entitled to vote at the meeting, or, in the absence of a meeting, a written consent duly executed by 90% of the shares of all of the members;

"Freehold Interest" means a freehold interest in land as described in section 1 of the Real Property Regulations 2015;

"Leasehold Interest" means a leasehold interest as described in section 1 of the Real Property Regulations 2015.

"Limited Common Area Lots" has the meaning set forth in section 10(1);

"limited common property" means any property designated for the exclusive use of one of more Strata Lot Owners as described in section 10;

"Lot Assessment" means the assessments on individual Strata Lots within a strata development that may be levied by an Association from time to time to meet anticipated expenditures and as permitted under these Regulations;

"mortgage" includes a charge on a Strata Lot or an interest in a Strata Lot for securing a debt or any other obligation;

"ordinary resolution" means a resolution passed at a duly convened meeting of the shareholders of the Association by a majority of the shares of the shareholders present and voting at the meeting, or, in the absence of a meeting, a written consent duly executed by a majority of the shares of all of the shareholders;

"Owner Lot" has the meaning set forth in section 1(2);

"plan" means(i) a strata plan; or (ii) the master plan for a staged development scheme;

"principal lot" means the lot with which an accessory lot is associated;

"prospective owner of a Strata Lot" means a person who has entered into a contract to purchase an existing or future lot in the scheme;

"real property" has the meaning set forth in the Real Property Regulations 2015;

"Register" means the registry of real property interests maintained by the Registrar pursuant to the ADGM Founding Law and the Real Property Regulations 2015;

"Relevant Authority" means the authority within Abu Dhabi (including the Abu Dhabi Global Market) charged with the duty of implementing the policies of Abu Dhabi whose subject matter falls within its authority. Relevant Authority includes, without limitation, the Registrar and any other authorities established under the ADGM Founding Law, and also the Abu Dhabi Department of Municipal Affairs and any other governmental or quasi-governmental agencies or instrumentalities to which the Abu Dhabi Global Market may from time to time delegate rulemaking, adjudicatory or approval authority within the Abu Dhabi Global Market;

"scheme" means a strata scheme or staged development scheme approved pursuant to Part 2;

"service infrastructure" means cables, wires, pipes, sewers, drains, ducts, plant and equipment by which — (i) water, gas, electricity, heating, or conditioned or unconditioned air is supplied to a Strata Lot or the common property;(ii) a Strata Lot or part of the common property is connected to a telephone, fax, cable television or other telecommunication service;(iii) a Strata Lot or part of the common property is connected to a sewerage or drainage system;(iv) a system for the removal or disposal of waste is provided;(v) a system designed for fire safety for more than one Strata Lot or for the common property is provided; or(vi) other systems or services designed to improve the safety, security or amenity, or enhance the enjoyment, of the Strata Lots or common property are provided;

"site" means the whole of the real property included in a strata plan or staged development plan (including all Strata Lots);

"special resolution" means a resolution passed at a duly convened meeting of the shareholders of the Association by at least 75% of the shares of the shareholders present and entitled to vote at the meeting, or, in the absence of a meeting, a written consent duly executed by 75% of the shares of all of the shareholders;

"special strata developer rights" means rights reserved for the benefit of a strata developer(or any affiliate thereof) to, among other things, as part of the approved strata scheme, (i) complete improvements; (ii) exercise any development rights; (iii) maintain sales offices, management offices, signs advertising the strata development, and models; (iv) use easements through the common property for the purpose of making improvements within the strata development; (v) appoint or remove any officer or member of a committee of management or similar governing body; (vi) appoint or control the manager of the strata development; (vii) appoint or control supply, material or labour agreements with respect to the strata development; or (viii) perform any acts reasonably necessary to complete a staged development scheme, if applicable;

"staged development plan" has the meaning set forth in section 4(5);

"staged development scheme" has the meaning set forth in section 2(2);

"statutory easement" means an easement under section 14;

"strata developer" means the person registered as the developer of the site upon registration of a plan relating to the site and any assignees thereof prior to the date on which control of the Association responsible for administering the scheme in question passes to Strata Lot Owners;

"strata development" means a strata development pursuant to a strata plan completed or to be completed pursuant to these Regulations, and includes any staged development, to the extent the strata development is deemed to be a staged development;

"Strata Development Documents" means the certificate of incorporation and constitution of the Association with respect to a strata scheme, as well as any applicable by-laws, building sales agreement, co-owners association constitution, master community declaration, or similar document applying to the strata scheme and registered against the applicable lots;

"Strata Lot(s)" has the meaning set forth in section 1(2);

"Strata Lot Owner" means the owner of a Strata Lot from time to time;

"strata plan" means a plan for strata ownership registered in accordance with these Regulations, and includes any plan for staged development or master plan to the extent the strata development is deemed to be a staged development;

"strata scheme" means the complex of Strata Lots (together with the system of administration and management) created on the registration of a strata plan, and includes any staged development scheme to the extent the strata scheme is deemed to be a scheme for a staged development;

"unanimous resolution" means a resolution passed at a duly convened meeting of the shareholders of the Association by 100% of the shareholders present and entitled to vote at the meeting, or, in the absence of a meeting, a written consent duly executed by 100% of the shareholders; and

"unit entitlement"has the meaning set forth in section 17.