Instrument #2022025031 #10 Book:8196 Page:4781
(s) "County" shall mean and refer to Volusia County, Florida, a political subdivision ofthe State of Florida, specifically including each and all of its departments, divisions, and agencies. (t) "Declarant" shall mean and refer to JTD Land at Eagle Crest,LLC,LLC, a Florida limited liability company, its successors and/or assigns. No successor or assignee of Declarant shall have any rights, privileges, liabilities or obligations ofDeclarant under this Declaration or any other Governing Document unless such rights and obligations are specifically set forth in a Recorded instrument of succession and/or assignment, or unless such rights expressly pass by operation of Law from Declarant to such successors and/or assigns.
(u) "Declaration" shall mean and refer to this Declaration of Covenants, Conditions,Easements,and Restrictions for Eagle Crest,as amended,modified,restated or supplemented.
(v) "Deficit Fund" or "Deficit Funding" shall mean and refer to Declarant's
subsidizing ofthe Common Expenses ofthe Association pursuant to Section 6.08 hereof.
(w) "Division" shall mean and refer to the Division of Florida Condominiums, Timeshares, and Mobile Homes, or any successor governmental agency, division, or department ofthe State ofFlorida.
(x) "District" shall mean and refer to the St. Johns River Water Management
District, an agency created pursuantto Chapter 373,Florida Statutes.
(3)1 "Dwelling" or "Residence" shall mean and refer to any single family
residence or dwelling unit located on a Lot.
(z) "Effective Date" shall mean and refer to the date that this Declaration is
Recorded in the Public Records.
(aa) "Electronic Transmission" shall mean and refer to any form of communication, not directly involving the physical transmission or transfer of paper, which creates a record that may be retained, retrieved, and reviewed by a recipient and which may be directly reproduced in a comprehensible and legible paper form by such recipient through an automated process. Examples of Electronic Transmission include, but shall not be limited to, telegrams, facsimile transmissions, Short Message Service (SMS), Multimedia Messaging Service(MMS), and email. Notices may be given via Electronic Transmission for and regarding any meetings ofthe Board, any committee meetings requiring notice under the Association Act,including, but not limited to, ARC meetings,and any annual and special meetings ofthe Members; provided, however,that a Member must consent in writing to receiving notice by Electronic Transmission. Consent by a Member to receive notice by Electronic Transmission shall be revocable by the Member only by written notice to the Board. (bb) "Fiscal Year" shall mean the first fiscal year shall begin on the date of incorporation and end on December 31 of that year ("Fiscal Year"). Thereafter, the Fiscal Year of the Association shall begin on the first day ofJanuary and end on the 31"day ofDecember ofevery year. (cc) "Governmental Authority(ies)" shall mean and refer to any federal, state or local authority, court, department, division, legislature or instrumentality having authority, control or jurisdiction over or concerning the Development, the Property, the Community, the Areas of Common Responsibility, the Association, the Members and/or the Owners, including, but not limited to, the Local Government.
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58771933;7
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