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202002679
<br />1.49 "Supplemental Declaration" means a Supplemental Declaration Recorded pursuant to
<br />Section 2.3.
<br />1.50 "Visible From Neighboring Property" means, with respect to any given Improvement,
<br />that such Improvement is or would be visible to a natural person six feet tall, standing at ground
<br />level on any part of any Lot, Common Area, or public street within or adjacent to the Project.
<br />ARTICLE 2
<br />PROPERTY AND PERSONS BOUND BY DECLARATION
<br />2.1 Purpose and Binding Effect.
<br />Declarant intends by this Declaration to impose upon the Property covenants, conditions,
<br />restrictions, and easements to create a general plan of development for the Property and to provide
<br />a flexible and reasonable procedure for the administration, maintenance, preservation, use, and
<br />enjoyment of the Property. Declarant declares that all of the Property shall be held, sold, used,
<br />and conveyed subject to the easements, restrictions, conditions, and covenants set forth in this
<br />Declaration, which are for the purpose of protecting the value, desirability, and appearance of the
<br />Property. Declarant further declares that all easements, restrictions, conditions, and covenants in
<br />this Declaration shall run with the Property and shall be binding upon and inure to the benefit of
<br />the Declarant and all Owners, Residents, and other Persons having or acquiring any right, title, or
<br />interest in the Property or any part thereof, and their heirs, successors, successors in title, or
<br />assigns. Each Person who acquires any right, title, or interest in the Property or any part thereof
<br />agrees to abide by all of the provisions of the Community Documents. This Declaration shall be
<br />binding upon, for the benefit of, and enforceable by the Association.
<br />2.2 Inclusion of Additional Property.
<br />So long as the Declarant or any Designated Builder owns any parcel of real estate or holds
<br />an option to purchase any parcel of real estate to be included in the Project as Additional Property,
<br />the Declarant or Designated Builder shall have the right to include and subject such Additional
<br />Property to this Declaration; provided, however, that so long as the Declarant owns or holds an
<br />option to purchase any Additional Property, the inclusion of such Additional Property by a
<br />Designated Builder must be approved in writing by the Declarant. The inclusion of any Additional
<br />Property shall be effected by the Declarant or Designated Builder Recording a Declaration of
<br />Inclusion setting forth the legal description of the Additional Property and stating that such
<br />Additional Property is thereby included and subjected to this Declaration. If any portion of the
<br />Additional Property to be included is not owned by the Declarant or the Designated Builder, the
<br />Declaration of Inclusion must be signed by each owner of fee title to such Additional Property.
<br />Additional Property may be included as a whole at one time, or in one or more portions at
<br />different times, or it may never be included, and there are no limitations upon the order of inclusion
<br />or the boundaries thereof Additional Property included by the Declarant or any Designated
<br />Builder pursuant to this Section need not be contiguous with other property already subject to this
<br />Declaration, and the exercise of the right of inclusion as to any Additional Property shall not bar
<br />the further exercise of the right of inclusion as to any other Additional Property. Neither the
<br />Declarant nor any Designated Builder makes any assurances as to what, if any, Additional Property
<br />will be included.
<br />After neither the Declarant nor any Designated Builder owns any Lot or holds an option to
<br />purchase any Lot, the Association may include and subject Additional Property to this Declaration
<br />by executing and Recording a Declaration of Inclusion setting forth the legal description of the
<br />Additional Property and stating that such Additional Property is thereby included and subjected to
<br />this Declaration, provided that the inclusion is approved by Owners holding at least seventy-five
<br />percent (75%) of the total votes in the Association and the Declaration of Inclusion is signed by
<br />the owners of fee title to such Additional Property.
<br />2.3 Supplemental Declaration.
<br />So long as the Declarant owns one or more Lots, the Declarant shall have the right to
<br />Record one or more Supplemental Declarations for various parts of the Project. After the Declarant
<br />no longer owns any Lot, any Designated Builder may Record one or more Supplemental
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