The terms in this Declaration and the exhibits to this Declaration shall generally be given their natural, commonly accepted definitions except as otherwise specified. Capitalized terms shall be defined as set forth below.
1.1
Activity Cards(s):
Those certain cards which are issued by the Association in accordance
with the terms and conditions set forth in Section 2.2 and which confer upon
the holder rights of access to and use of recreational facilities and other
Common Areas within the Properties.
1.2
Age-Qualified Occupant:
Any individual (i) 50 years of age or older who owns and occupies a
Dwelling Unit and was the original purchaser of the Dwelling Unit from the
Declarant; or (ii) 55 years of age or older who occupies a Dwelling Unit.
The terms “occupy”, “occupies”, or “occupancy” shall mean
staying overnight in a particular Dwelling Unit for at least ninety (90) days
in a consecutive twelve (12) month period.
1.3
Area of Common Responsibility:
The Common Area together
with such other areas, if any, for which the Association has or assumes
responsibility for maintenance pursuant to the terms of this Declaration, any
Supplemental Declaration or other applicable covenants, contract, or
agreement.
1.4 Articles of Incorporation or Articles: The Articles of Incorporation of Falls Run Community Association, Inc., as filed with the State Corporation Commission of Virginia, as amended from time to time.
1.5
Association:
Falls Run Community Association, Inc., a
1.6 Base Assessment: Assessments levied on all Dwelling Units subject to assessment under Article VIII to fund Common Expenses for the general benefit of all Dwelling Units.
1.7 Benefited Assessment: Assessments levied in accordance with Section 7.6.
1.8 Board of Directors or Board: The board of directors of the Association.
1.9 Bylaws: The Bylaws of Falls Run Community Association, Inc., as amended from time to time.
1.10 Capital Contribution: A Charge due to the Association upon Closing as defined in Section 7.7.
1.11 Charges: The Base Assessment, Benefited Assessments, any Special Assessment levied by the Association, Subsequent Member Fee, Capital Contribution, and/or any other charges or amounts which an Owner is required to pay or for which an Owner is liable under this Declaration or any Supplemental Declaration, or the Bylaws.
1.12 Common Area: Those portions of the Properties which are described and designated as “Common Area” in Exhibit A hereto, as Exhibit A may be amended or supplemented from time to time, together with all improvements located above and below the ground and rights appurtenant thereto. The Common Area shall generally include community wide recreational facilities, open space, retention areas, and green areas. The Common Area shall not include any streets, streetlights, water mains or sanitary sewers or other improvements which have been dedicated to the County. Common Area may be on a separate subdivided lot or may include a Dwelling Unit. However Common Area shall include the common elements of a condominium.
1.13 Common Expenses: The expenses of administration (including management and professional services), operation, maintenance, repair, replacement, landscaping and snow removal of the Common Area; the cost of insurance, water, electricity, telephone, gas and other necessary utility expenses for the Common Area; the cost of general and special real estate taxes and assessments levied or assessed against any portion of the Common Area owned by the Association; the cost of, and the expenses incurred for, the maintenance, repair and replacement of personal property acquired and used by the Association in connection with the operation of the Common Area; the cost of maintenance of the landscaping of parkways within or adjoining Common Area, if any, on those portions of dedicated rights of way which are adjacent to the Premises; any expenses designated as Common Expenses by this Declaration or any Supplemental Declaration; if not specifically charged to the Owners, the cost of waste removal and scavenger services to the Properties; and any other expenses lawfully incurred by the Association for the common benefit of all of the Owners.
1.14 Community-Wide Standard: The standard of conduct, maintenance, or other activity generally prevailing throughout the Properties. Such standards may be defined in the Design Guidelines or rules and regulations of the Board. Such standards may be specifically determined, and modified by the Board and/or the Modifications Committee.
1.15 Covenant to Share Costs: Any declaration executed by Declarant and recorded in the Public Records, which creates easements for the benefit of the Association and the present and future owners of the real estate subject thereto and which obligates the Association and such owners to share the costs of maintaining certain real estate described therein.
1.16
Declarant:
Del Webb Communities of Virginia, Inc., an Arizona corporation, or any
successor, successor-in-title, or assign who takes title to any portion of the
real estate described on Exhibits A or B for the purpose of development
and/or sale and who is designated as the Declarant in a recorded instrument
executed by the immediately preceding Declarant.
1.17 Design Guidelines: The written design and construction guidelines and application and review procedures applicable to the Properties promulgated and administered pursuant to Article IX.
1.18 Dwelling Unit: A portion of the Properties which is described and designated as a Dwelling Unit in Exhibit A, or as provided for in Exhibit A, as Exhibit A may be amended from time to time. A Dwelling Unit will either be (a) a subdivided lot or portion thereof which is legally described in the deed which conveys such portion to the first purchaser thereof, as more fully provided in Exhibit A, and which is, or is planned to be, improved with a single family attached or detached home or (b) a condominium unit.
1.19 Governing Documents: A collective term including the Declaration and any Supplemental Declaration, the Bylaws, the Articles, the Design Guidelines, and rules or regulations adopted by the Board, as any such documents may be amended from time to time.
1.20 Home Owner: An Owner other than the Declarant or a Builder.
1.21 Local Area Association: As defined in Section 13.1.
1.22 Local Area Declaration: As defined in Section 13.1
1.23 Member: A Person entitled to membership in the Association pursuant to Section 3.2.
1.24 Modifications Committee or MC: The committee established by the Board pursuant to Section 8.2(a) to review applications for modifications to Dwelling Units.
1.25 Mortgage: A deed of trust or any other form of security instrument constituting a first lien (other than the lien for real estate taxes and any mechanic’s or material men’s lien) on a Dwelling Unit. A “Mortgagee” shall refer to a beneficiary or holder of a Mortgage.
1.26 Owner: One (1) or more Persons who hold the record title to a Dwelling Unit, but excluding in all cases any party holding an interest merely as security for the performance of an obligation.
1.27 Optional Services: As defined in Section 5.4.
1.28 Person: A natural person, corporation, partnership, limited liability company, trustee, or any other legal entity.
1.29 Plat: A plat of subdivision for a portion of the Properties which is recorded in the Public Records.
1.30 Properties: The real estate described in Exhibit A, as amended from time to time.
1.31 Public Records: The Clerk’s Office of the Circuit Court of Stafford County, Virginia, as applicable.
1.32 Regulated Work: As defined in Section 8.1.
1.33 Resident or Qualified Resident: Any of the following Persons occupying a Dwelling Unit:
(a)
any Age-Qualified Occupant;
(b)
any Person 19 years of age or older occupying a Dwelling Unit with an
Age-Qualified Occupant; and
(c)
any Person 19 years of age or older who occupied a Dwelling Unit with
an Age-Qualified Occupant and who continues, without interruption, to occupy
the same Dwelling Unit after termination of the Age-Qualified Occupant’s
occupancy thereof.
The term “occupy” or
“occupancy” shall have the same meaning as set forth in Section 1.2.
An individual who occupies a Dwelling Unit but does not satisfy the
criteria of (a), (b) or (c) above shall not be deemed to be a Resident and
shall not be entitled to any rights or privileges granted to a Resident
hereunder.
1.34
Special Assessment:
Assessments levied in accordance with Section 7.5
1.35
Special Services:
As defined in Section 5.3
1.36
Subsequent Member Fee:
A fee of one-third of one percent of the gross selling price of resales upon
each transfer of title to a Dwelling Unit that will be charged by and payable
to the Association. The Subsequent
Member Fee shall be charged to the grantor of the Dwelling Unit, shall be
payable by grantor or grantee as their contract provides to the Association at
the closing of the transfer, and shall be secured by the Association’s lien
for assessments, as further provided for in Section 7.4
1.37
Supplemental Declaration or Supplement:
An amendment to this Declaration filed in the Public Records which identifies
any Common Area and Dwelling Units to reflect the addition of such real estate
and the characterization thereof and/or imposes, expressly or by reference,
additional covenants, conditions, restrictions, easements or obligations on
the real estate described in such instrument.
1.38
Voting Member:
As defined in Section 3.3.