As used in this act:
- 1. "Amendment" means a document that removes an unlawful restriction;
- 2. "Document" means a record recorded or eligible to be recorded in land records;
3. "Governing instrument" means a document recorded in land records that:
- a. establishes a governing body responsible for management of common areas or facilities used by more than one owner of a property interest affected by the document, and
- b. requires contribution, enforceable by a lien on a separate property interest, of a share of taxes, insurance premiums, maintenance, or improvement of, or services or other expenses for the common benefit of, the real property described in the document;
- 4. "Index" means a system that enables a search for a document in land records;
- 5. "Land records" means documents and indexes maintained by a recorder;
- 6. "Owner" means a person that has a fee interest in real property;
- 7. "Person" means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity;
8. "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;
- 9. "Recorder" means an officer authorized under other laws of this state to accept a document for recordation in land records;
- 10. "Remove" means eliminate any apparent or purportedly continuing effect on title to real property; and
11. "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 laws of this state or federal law.
Laws 2025, HB 2171, c. 28, § 2, eff. November 1, 2025.