Section Index
The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Project.
It is intended that this Declaration shall be operative as a set of covenants running with the land, or equitable servitudes, binding on Declarant, Us successors and assigns, all subsequent Owners of the Project or any Lots, together with their grantees, successors, heirs, executors, administrators, devisees or assigns.
Declarant is the original Owner of all Lots and Project and will continue to be deemed the Owner thereof except as conveyances or documents changing such Ownership regarding specifically described Lots or portions of the Project are filed of record.
Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof.
1.5.1 "ACC" shall mean the Architectural Control Committee provided for in Article 6.
1.5.2 "Association" shall mean the Owners' Association provided for in Article 4 and its successors and assigns.
1.5.3 "Board" shall mean the Board of Directors of the Association provided for in Article 5.
1.5.4 "Bylaws" shall mean the duly adopted bylaws of the Association.
1.5.5 "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners and shall include (unless/until dedicated to a governmental entity) all Common Areas described on the Plat Map, Project entry sign(s) and landscaping, planter islands on roads or cul-de-sacs, and mailbox stands serving more than one Lot.
1.5.6 "Declarant" shall mean the undersigned (being the sole Owner of the real property described in Exhibit A hereof) and its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development and by written instrument in recordable form be specifically assigned the rights and duties of Declarant.
1.5.7 "Declaration" shall mean this declaration and any amendments thereto.
1.5.8 "Home" shall mean and refer to any structure or portion of a structure, located on a Lot, which structure is designed and intended for use and occupancy as a residence by a single family or which is intended for use in connection with such residence.
1.5.9 "Lot" shall mean and refer to any plot of land shown upon any recorded Plat Map of the Project excluding Common Areas Lot shall not include any land now or hereafter owned by the Association or by all of the Lot Owners as tenants in common, nor include any land shown on a Plat Map but dedicated to the public or to a governmental entity.
1.5.10 "Mortgage" shall mean a recorded mortgage or deed of trust that creates a hen against a Lot and shall also mean a real estate contract for the sale of a Lot.
1.5.11 "Mortgagee" shall mean the beneficial Owner, or the designee of the beneficial Owner, of an encumbrance on a Lot created by mortgage or deed of trust and shall also mean the vendor, or the designee of a vendor, of a real estate contract for the sale of a Lot.
1.5.12 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Project, and, except as may be otherwise expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor there under Any person or entity having such an interest merely as security for the performance of an obligation shall not be considered an Owner.
1.5.13 "Person" shall include natural persons, partnerships, limited liability companies, corporations, associations and personal representatives.
1.5.14 "Phase I" means the first phase of the Project consisting of approximately ninety-five (95) platted Lots on a portion of the land described m Exhibit A and the Common Areas associated therewith.
1.5.15 "Project" shall mean the real estate described in Exhibit A and all improvements and structures thereon, including such additions thereto as may hereafter be brought within the jurisdiction of the Association.
1.5.16 "Plat Map" shall mean the Plat Map(s) approved by the appropriate governmental entity and recorded in conjunction with or subsequent to this Declaration, which Plat Maps depict the layout of the Lots on the Project.
1.5.17 "Subsequent Phase Property" shall mean the portions of the Project, including any Additional Lands as defined in Article 16, not included m Phase 1.
For purposes of determining the percentage of first mortgagees approving a proposed decision or course of action, a mortgagee shall be deemed a separate mortgagee for each Lot on which it holds a mortgage that constitutes a first hen on said Lot.
For purposes of determining the percentage of Owners approving a proposed decision or course of action, an Owner shall be deemed a separate Owner for each Lot owned.