1.1 Liberal Construction.
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.
1.2 Covenant Running with Land.
It is intended that this Declaration shall be operative as a set of covenants running with the land, or equitable servitudes, binding on Declarant, its successors and assigns, all subsequent owners of the Property, administrators, devisees or assigns.
1.3 Declarant is Original Owner.
Declarant is the original Owner of all Lots and Property and will continue to be deemed the Owner thereof except as conveyances or documents changing such ownership regarding specifically described Lots are filed of record.
1.4 Captions.
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 Definitions.
1.5.1 “Association”
shall mean the association of Lot Owners provided for in Article 2 and its successors and assigns.
1.5.2 “Board”
shall mean the Board of Directors of the Association provided for in Article 3.
1.5.3 “Declarant”
shall mean the undersigned (being the sole Owner of the real property described in said 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.
1.5.4 “Declaration”
shall mean this declaration and any amendments thereto.
1.5.5 “Home”
shall mean and refer to any 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.
1.5.6 “Lot”
shall mean and refer to any plot of land shown upon any recorded Plat Map of the Property. Ownership of a Lot shall include ownership of the Home and improvements now or hereafter constructed on such Lot. “Lot” shall not include: any land now or hereafter owned by the Association; any land (other than a plot on which a single family residence may be constructed) owned by two (2) or more of the Lot Owners as tenant-in-common; or any land shown on the Plat Map but dedicated to the public or to a governmental entity.
1.5.7 “Mortgage”
shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot.
1.5.8 “Mortgages”
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.
1.5.9 “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 part of the Property, 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 thereunder. Any person or entity having such an interest merely as security for the performance of an obligation shall not be considered an owner.
1.5.10 “Person”
shall include natural persons, partnerships, corporations, associations and personal representatives.
1.5.11 “Property,” “Project,” or “Premises”
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.
1.5.12 “Plat Map”
shall mean the Plat Maps recorded in conjunction with this Declaration, which Plat Maps depict the layout of the Lots on the Property. The plat of SUNNY BROOK PLACE Division ____ was recorded on 10/10/89, 1989, at Volume 148 of Plats, pages 64 – 66, Auditor’s File No. 8910100990, records of KING County, Washington.
1.6 Percentage of Mortgagees.
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 lien on said lot.
1.7 Percentage of Owners.
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.