Instrument #2022025031 #9 Book:8196 Page:4780
and reservations afforded to a Builder under the Governing Documents or that may be delegated to a Builder by Declarant under the Governing Documents.
(k) "Bylaws" shall mean and refer to the Bylaws ofthe Association. A copy ofthe initial Bylaws are attached as Exhibit"C" to this Declaration and made a part hereof The Bylaws may be amended as provided therein, and it shall not be necessary to amend this Declaration in order to amend the Bylaws. (I) "City" shall mean and refer to the City of Daytona Beach, Florida, a political subdivision of the State of Florida, specifically including each and all of its departments, divisions, and agencies. (m) "Common Area(s)" or"Common Property" shall mean and refer to the real and personal property from time to time owned or intended to be owned by the Association and devoted to the use and enjoyment of all Members ofthe Association, all at Common Expense. Without limiting the generality ofthe foregoing,the Common Area Tracts shall be Common Area. Common Area shall include, but not be limited to, easement areas which are held by the Association as grantee, including, but not limited to, any private access and drainage easements and private drainage easements (though in the event such Common Area is established by easement the Association's obligations and rights thereto may be limited by the terms ofthe document creating such easement). Additional Property may contain Common Area, but no commitment is made that any Additional Property will in fact contain Common Area. The definition of "Common Area" and "Common Property" shall also include the definition of"common area" defined in the Association Act. (n) "Common Area Tract(s)" shall initially mean and refer only to the platted tracts set forth on the Initial Plat and identified on Exhibit "D" attached hereto and made a part hereof as to be owned (in fee simple no later than Turnover)by the Association, which exhibit also depicts, subject to the terms of this Declaration, the party or entity responsible for maintaining said Common Area Tracts. (o) "Common Expense" shall mean and refer to the actual and estimated expense of operating the Association and meeting the costs to be incurred by the Association in performing its duties and in exercising its prerogatives, including, without limitation, costs incurred for operation, management, administration, maintenance, repairs, replacement, insurance and improvement of the Common Area and Areas of Common Responsibility, and for any reserves from time to time established to be set aside by the Board. Except as may be expressly set forth herein, all undertakings or activities of the Association concerning the Property, the Community, the Common Area, the Areas of Common Responsibility, and enforcing the provisions of the Governing Documents, shall be done at Common Expense. Such expenses for management may include, by way of example but not limitation, bonuses or special fee arrangements for meeting certain goals specified by the Association or Declarant.
(p) "Community Development District": As defined in Chapter 190 of the
Florida Statutes.
(q)
"Conservation Easement": As defined in Article IV,Section 4.09 hereof.
(r) "Conservation Easement Area(s)" shall mean and refer to any areas or portions of the Property from time to time included within, or subjected to, a Conservation Easement pursuantto the provisions ofArticle IV,Section 4.09 hereof
4
58771933;7
Made with FlippingBook - professional solution for displaying marketing and sales documents online