Instrument #2022025031 #8 Book:8196 Page:4779
which faces the Owner's Dwelling, failing which the Association shall perform the required maintenance and may levy an Individual Assessment to cover the costs thereof. Notwithstanding the foregoing, any Retaining Walls located within the Development, shall be maintained consistently with the obligations listed herein by the Lot Owner whose Lot is supported by such Retaining Wall (i.e. the Lot located at the higher elevation). The foregoing duties and prerogatives of the Association are subject to the terms of Article IV, hereof, regarding potential implementation of one or more MSTU/MSBU or similar mechanisms to assume responsibility for and collect the funds necessary to pay the costs of any ofthe foregoing or any other services that would otherwise be the responsibility of the Association under this Declaration or otherwise. (e) "Articles" shall mean and refer to the Articles of Incorporation of the Association. A copy ofthe initial Articles is attached as Exhibit"B"to this Declaration and made a part hereof. The Articles may be amended as provided therein, and it shall not be necessary to amend this Declaration in order to amend the Articles. (0 "Assessments" shall mean and include: (i) Annual Assessments or charges;(ii)"Special Assessments"(as that term is defined in Section 6.04(a) of this Declaration);(iii) "Individual Assessments"(as that term is defined in Section 6.04(b) of this Declaration);(iv)if required to be paid pursuant to the terms hereof or hereafter required by the Board from time to time, a one-time only start-up assessment("Start-Up Assessment");(v)assessments or amenity fees permitted pursuant to the Association Act; and (vi) any interest and late charges that may be imposed by the Board at its discretion, and the cost ofcollection ofany ofthe foregoing,including, without limitation, court costs and expenses/fees and reasonable attorneys' and paralegals' fees before trial, at trial, and on appeal.
(g) "Association" shall mean and refer to the Eagle Crest Homeowners
Association,Inc., a Florida notfor profit corporation, and its successors and/or assigns.
(h) "Association Act"shall mean and refer to the laws ofthe State ofFlorida applicable to the operations ofthe Association on the Effective Date(as opposed to as amended,restated, or re-codified from time to time), including, but not necessarily limited to, those laws set forth in Chapters 617 and 720 of the Florida Statutes. Chapter 720 of the Florida Statutes, being the Florida legislation specifically enacted to govern the Association and the "Community"(as that term is defined in the Chapter 720 ofthe Florida Statutes), shall in all instances trump the more general legislation set forth in Chapter 617 ofthe Florida Statutes. In the event ofany ambiguity or conflict between Chapter 617 and 720 of the Florida Statutes, Chapter 720 shall govern as necessary to resolve any such ambiguity or conflict.
"Board","Board ofDirectors" or "Directors" shall mean and refer to the
Board ofDirectors ofthe Association.
(i) "Builder" or "Homebuilder" shall mean and refer to any person or legal entity that has acquired or that acquires title to any Lot expressly in furtherance of:(1)the business of developing the Lot for eventual construction ofDwellings thereon in the ordinary course ofsuch person's or entity's business; or(2)the business ofconstructing Dwellings thereon, in the ordinary course ofsuch person's or entity's business, for later sale to bona fide Third-Party Purchasers that are not Builders or affiliates of a Builder. After the Turnover occurs, Declarant shall be considered and deemed a Builder with regard to or concerning any Lot(s)that Declarant then owns or thereafter acquires title to, and with Declarant,as a Builder, automatically being deemed to and having all rights, powers, benefits, easements,
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