ARTICLE I
DEFINITIONS
Unless otherwise expressly provided, the following words and phrases, when used herein, shall have the meaning hereinafter specified:
- 1.1 “Architectural Committee” shall be removed. For all intents and purposes those duties previously under “Architectural Committee” will be replaced with “Board of Trustees”.
- 1.2 “Articles” shall mean the Articles of Incorporation of the Association, which have or will be filed in the office of the Utah Department of Commerce, Division of Corporations, and as such Articles may be amended, from time to time.
- 1.3 “Assessment” shall mean the charge against a particular Owner and his/her Lot, representing a portion of the total costs to the Association for maintaining, improving, repairing, replacing, managing and operating the Properties.
- 1.4 “Special Assessment” shall mean a charge against a particular Owner and his/her Lot, directly attributable to the Owner for corrective action performed pursuant to the provisions of this Declaration, plus interest thereon as provided for in this Declaration.
- 1.5 “Capital Improvement Assessment” shall mean a charge against each Owner and his/her Lot representing a portion of the costs to the Association for installation or construction of any improvement on any portion of the Common Area, which the Association may from time to time authorize.
- 1.6 “Association” shall mean Bailey Acres Owners Association, a corporation formed under the Utah Non-Profit Corporation and Cooperative Association and its successors and assigns.
1.7 “Beneficiary” shall mean mortgagee under a mortgage or a beneficiary or holder under a Deed of Trust as the case may be and the assignees of such mortgagee, beneficiary or holder.
1.8 “Floor Area” shall mean the total of the horizontal floor surfaces within the Dwelling, including bathrooms and mechanical areas that are under roof and enclosed by walls on three or more sides. In the case of a split-level entry or bi-level dwelling with a garage, the floor area shall not include basement as defined by the Uniform Building Code, garage space and open porches. In the case of a one story dwelling, floor area shall not include the basement or open porches.
1.9 “Board of Trustees” shall mean the Board of Trustees of the Association, elected in accordance with the By-laws of the Association.
1.10 “By-laws” shall mean the By-laws of the Association, which have been or shall be adopted by the Board of Trustees, and as such By-laws may be amended, from time to time.
1.11 “Common Area” shall mean all the real property and improvements, including without limitation, any landscaped areas, walkways, water and water rights under Weber Conservation District, a political subdivision of the State of Utah and an irrigation water distribution system, and sanitary storm sewer facilities, fences and easement and rights of way appurtenant to the Properties which are owned by the Association for the common use and enjoyment of the Owners of Lots. The Common Area to be so owned by the Association at the time of the conveyance of the first Lots shall also include the property located in the County of Weber, State of Utah which is described in Exhibit “B” and incorporated herein.
1.12 “Common Expenses” shall mean the actual and estimated costs of maintenance, management, operation, repair and replacement of the common Area (including unpaid special assessments, taxes, reconstruction assessments and capital improvement assessments), including those costs of management and administration of the Association, including but not limited to, compensation paid by the Association to the manager, accountants, attorneys and other employees, the costs of all utilities, gardening and other services benefitting the common Area and if applicable, all facilities thereon; the costs of fire, casualty and liability insurance, workmen’s compensation insurance and other insurance covering the properties and the costs of bonding the Members of the management body; taxes paid by the Association; amounts paid by the Association for discharge of any lien or encumbrance levied against the Properties or portions thereof; and the costs of any other item or items designated by or in accordance with other expenses incurred by the Association for any reason whatsoever in connection with the Properties, for the benefit of all the Owners of Lots.
1.13 “Declarant” shall mean and refer to Bailey Acres Owners Association, its successors and assigns, so long as Declarant assigns such rights of Declarant hereunder to any person by an express written assignment.
1.14 “Declaration” shall mean and refer to this instrument as it may be amended from time to time.
1.15 “Dwelling” shall mean the primary single-family residence to be built on any lot.
1.16 “Improvements” shall mean all structures and appurtenances of every type and kind, including but not limited to buildings, walk-ways, sprinkler pipes, carports, roads, driveways, parking areas, fences, screening walls, retaining walls, stairs, decks, landscaping, hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, exterior air condition and water softener fixtures or equipment.
1.17 “Institutional Holder” shall mean a mortgagee which is a bank or other established mortgage lending company, or other entity chartered under federal or state laws, any corporation or insurance company, or any federal or state agency which has a first mortgage lien on any Unit or Lot in the Project.
1.18 “Properties” shall mean and refer to all of the real property described in paragraph A of the Recitals to this Declaration.
1.19 “Lot” shall mean and refer to any residential Lot shown upon any recorded Subdivision plat of Bailey Acres.
1.20 “Member” shall mean any person or entity holding a Membership in the Association as provided herein.
1.21 “Mortgage”, “Mortgagee” shall mean any mortgage or Deed of Trust or other conveyance of a Lot to secure the performance of an obligation, which will be void and reconveyed upon completion of such performance. The term, “Deed of Trust” or “Trust Deed” when used herein, shall be synonymous with the term “Mortgage”. The term “Mortgagee”, shall mean a person or entity to whom a mortgage is made and shall include the beneficiary of a Deed of Trust; “Mortgagor” shall mean a person or entity who mortgages his/her or its property to another (i.e. the maker of a mortgage) and shall include the Trustor of a Deed of Trust. The term “Trustor” shall be synonymous with the term “Mortgagor” and the term “Beneficiary” shall be synonymous with the term “Mortgagee”.
1.22 “Owner” shall mean and refer to the person or persons or other legal entity or entities, including Declarant, holding fee simple interest of record to any Lot which is part of the Properties, including sellers under executory contract of sale, but excluding those having such interest merely as security for the performance of an obligation.