Sky
Island Covenants, Codes, and Restrictions
Article I |
ARTICLE I
Definitions
Section 1.1. "ACC" shall mean the Architectural Control Committee as
described in this Declaration.
Section 1.2. "Approval" shall mean written approval, or any written
waiver of approval rights or the issuance of a letter of "no
objection."
Section 1.3. "Association" shall mean the Sky Island Homeowners
Association, a Washington nonprofit corporation, its successors and
assigns.
Section 1.4. "Board" or "Board of Directors" shall mean the Board of
Directors of the Association.
Section 1.5. "Builder Owner" shall mean an Owner which is a licensed
contractor, having purchased more than one (1) Lot for the purpose
of constructing homes for sale to others.
Section 1.6. "Common Areas" shall mean all real property and
improvements: (a) owned or leased by the Association, (b) in which
the Association has an easement (excepting easements for maintaining
Lots) for the use, enjoyment or benefit of the Members, or (c) in
which the members of the Association have an undivided interest.
Section 1.7. "Declaration" shall mean the covenants, conditions, and
restrictions and all other provisions set forth in this Declaration,
as they may from time to time be amended.
Section 1.8. "Developer" shall mean Sky Island, L.L.C. and its
successors and assigns, but only if the rights of Developer are
specifically assigned to the successors in writing.
Section 1.9. "Federal Mortgage Agencies" shall mean those federal
agencies which may have an interest in the properties, such as the
Federal Housing Administration, the U.S. Department of Veteran's
Affairs, the Federal National Mortgage Association, the Federal Home
Loan Mortgage Corporation, or the successors to their interests.
Section 1.10. "First Mortgagee" shall mean a lender who holds the
first mortgage on a Lot and who has notified the Association in
writing of its holdings.
Section 1.11. "Lot" shall mean any numbered parcel of land shown
upon any recorded subdivision of the Property, with the exception of
the Common Areas.
Section 1.12. "Member" shall mean every person or entity who holds
membership in the Association.
Section 1.13. "Mortgage" shall include a deed of trust or other
security instrument.
Section 1.14. "Notice" shall mean written notice delivered
personally or mailed to the last known address of the intended
recipient.
Section 1.15. "Owner" shall mean every person or entity, including
Developer, which is a record Owner of the fee simple title to any
Lot, or if any Lot is sold under real estate contract, the vendee or
vendees under the contract; provided, however, that the term "Owner"
shall not include those having such interest merely as security for
the performance of an obligation.
Section 1.16. "Person" shall mean a natural person, corporation,
partnership, limited partnership, limited liability company,
proprietorship or trust.
Section 1.17. "Property" shall mean and refer to the real property
described with particularity in Exhibit "A," together with all or
any portion of the real property described with particularity in
Exhibit "B," when and if it is submitted to the terms of this
Declaration.
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