200708774 - Laserfiche WebLink

Browse

200708774 Section 2. "Declarant" shall mean CCE, and its respective successors and assigns. A person or entity shall be deemed to be a "successor and assign" of Declarant if such person or entity is specifically so designated in a duly recorded instrument as a successor and assign of Declarant, and shall be deemed to be a successor and assign of Declarant only as to the particular rights or interests of Declarant under this Declaration which are specifically designated in the recorded written instrument. A successor or assign of Declarant shall have the right to assign to another person or entity all or any portion of the rights or interests assigned to it in accordance with the foregoing by means of a duly recorded instrument specifying the rights and interests so assigned, except to the extent the assignment from Declarant prohibits or limits such right. Section 3. "Declarant Control Period" shall be defmed as set forth in Article 11, Section 3 below. Section 4. "Improvements" shall mean and refer to any building, fence, wall, patio, deck, antenna, satellite dish, hot tub, pool or other structure, and any driveway, parking area, landscaping or other improvement of any nature or kind placed, installed or constructed on any Lot "Improvement" does not include any repair or replacement of any then..existing Improvement that does not materially alter its exterior appearance. Section S. "Lot" shall mean and refer to each numbered lot of the Property and any lots that may hereafter be added to the Property. Section 6. "Manufactured Home" shall be defmed as a structure, transportable, in one or more sections, which, in the traveling mode, is 8 body feet or more in width, and 40 body feet or more in length, or when erected on site is 320 or more square feet in size and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities. Section 7. "Modular Home" shall be defmed as a structure whose construction consists entirely of, or the major portion of its construction consists of a unit or units not fabricated on the fmal site for the dwelling unit, which units are movable or portable until placed on a permanent foundation and connected to utilities. A modular home shall meet all codes applicable to a site-built home. The term modular home shall not include a manufactured home. Section 8. "Mortgage" shall mean and refer to any mortgage, deed of trust, or other security instrument by which a Lot and any improvements thereon is encumbered. Section 9. "Mortgagee" shall mean and refer to any person named as the mortgagee or beneficiary of any Mortgage pursuant to which the interest of an Owner is encumbered. Section to. "Owner(s)" shall mean and refer to the record title holder, whether one or more persons or entities, of a fee simple interest in any Lot which is part of the Property; provided, however, if a Lot is sold by an installment land contract pursuant to which the purchaser of the Lot is granted possession of the Lot but title to the Lot is retained by the seller thereof until the purchaser has paid the purchase price in full, such purchaser and not the record title holder of such Lot shall be deemed to be the Owner for all purposes herein. The term "Owner" shall also include Declarant and its successors and assigns with respect to all Lots held in the name of Declarant. The term "Owner" shall not include any Mortgagee (as defmed herein), unless such Mortgagee has acquired title to a Lot pursuant to foreclosure or any proceeding in lieu of foreclosure. Section 11. "Property" shall mean and refer to that certain real property described in Exhibit A attached hereto, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. ARTICLE II MEMBERSHIP AND VOTING RIGHTS Section 1. Membership. Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of a Lot. When more than one person holds beneficial interests in any Lot as joint tenants, tenants in common, partners, shareholders or otherwise, all such persons shall be members, but the vote attributable to such Lot shall be cast as such persons among themselves determine, and no division of the vote attributable to such Lot shall be permitted. All matters shall be decided by majority vote, except as otherwise