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CC&R's - Article 1 - Definitions

DECLARATIONS

NOW, THEREFORE, Declarant, for the purposes set forth above, declares as follows: 

ARTICLE 1      DEFINITIONS

Unless otherwise defined, the following words and phrases when used in this Declaration shall have the meanings set forth in this Article. 

1.1	 "Annual Assessment" means the assessments levied against each Lot, and the Owner thereof, pursuant to Section 6.2 of this Declaration. 

1.2	 "Aqueduct" is defined in Section 2.3.2. 

1.3 	"Architectural Committee" means any committee of the Association as may be created as a separate committee of the Board pursuant to the provisions of Section 5.10 of this Declaration. If so created, the Architectural Committee shall exercise the duties of the Board under Section 3.1 of this Declaration and other similar duties or obligations as may be delegated to said Committee. "Committee” means any other committee of the Board established pursuant to the provisions of said Section 5.10. 

1.4	 "Architectural Rules" means any rules, design guidelines, standards and procedures adopted by the Architectural Committee or the Board pursuant to Section 5.10 of this Declaration, as amended or supplemented from time to time. 

1.5 	"Architectural Submission Notice" is defined in Section 3.1.3 below. 

1.6 	"Area(s) of Association Responsibility" means (i) all Common Area; (ii) all land, and the Improvements situated thereon, located within the boundaries of a Lot which the Association is obligated to maintain, repair and replace pursuant to the terms of this Declaration or the terms of another Recorded document executed by the Association; and (iii) all real property, and the Improvements situated thereon, within the Project, or adjacent thereto, located within dedicated rights-of-way with respect to which the State of Arizona or any county or municipality has not accepted responsibility for the maintenance thereof, but only until such time as the State of Arizona or any county or municipality has accepted all responsibility for the maintenance, repair and replacement of such areas. Without limitation, the Association shall maintain those portions of Lots adjacent to a Common Area Tract, over which the respective Lot Owners thereof have granted a Use and Benefit Easement in favor of the Association as further provided in Section 4.7 below. 

1.7  	“Articles” means the Articles of Incorporation of the Association, as amended from time to time. 

1.8 	"Assessment" means an Annual Assessment, Special Assessment, Enforcement Assessment, or any other charge properly levied against a Lot by the Association pursuant to this Declaration or Arizona law, including, without limitation, late charges, interest, monetary penalties for infractions of the Project Documents, and Collection Costs incurred in the collection of Assessments and enforcement of the Project Documents and the like.  

1.9 	'’Assessment Lien" means the lien created and imposed by ARTICLE 6 of this Declaration and granted to the Association by A.R.S. 433-1807 to secure payment of Annual and Special Assessments levied by the Association and other charges owed to the Association by an Owner, including certain Enforcement Assessments and Collection Costs. 

1.10 	"Assessment Period" means the period set forth in Section 6.7 of this Declaration. 

1.11	 "Association" means the Arizona nonprofit corporation to be organized by Declarant to administer and enforce the Project Documents and to exercise the rights, powers and duties set forth therein, and its successors and assigns. Declarant intends to incorporate the Association under the name "Tatum Village Homeowners Association," but if such name is not available, Declarant reserves the right to incorporate the Association under such other name as the Declarant deems appropriate. All references to the Association, acting by and through its Board, in this Declaration shall also mean and refer to any professional management company or managing agent to the extent any duties of the Board may be so delegated to such agent, and as the context may so require (the "Managing Agent"). The Association shall Record such contact notice information as is required by A.R.S. 833-1807(J) regarding the Managing Agent or any other relevant contacts in the event the Project is self-managed. 

1.12	 "Association Rules" or " Rules” means any rules adopted by the Board pursuant to Section 5.3 of this Declaration, as amended from time to time. 

1.13	 "Available" is defined in Section 11.1 1.1 below. 

1.14 	"Award’' is defined in Section 11.12.1 below. 

1.15	 "Board of Directors" or "Board" means the Board of Directors of the Association, except that references to "Board" in Section 3.1 and elsewhere in this Declaration referring to matters of architectural control and design approval shall mean and refer to the Architectural Committee if one is designated by the Board pursuant to Section 5.10 below. 

1.16 	"Boundary Wall" is defined in Section 7.5 below. 

1.1 7 	"Bylaws” means the Bylaws of the Association, as amended from time to time. 

1.18 	"City” means the City of Phoenix, Arizona. 

1.19 	"Certificate of Termination" means a certificate of termination Recorded pursuant to Section 11.1 below. 

1.20 	"Claim" is defined in Section 10.24 below. 

1.21 	"Claim Notice" is defined in Section 10.2 below. 

1.22	 "Collection Costs" means all costs, fees, charges and expenditures (including, without limitation, attorneys' fees, court costs, filing fees, lien fees, demand letter fees, Recording fees, title report fees, and fees and costs charged by any collection agent), monetary penalties, late charges, or interest incurred or lawfully charged by the Association in collecting and/or enforcing payment of Assessments or other charges payable to the Association or incurred by the Association in enforcing the Project Documents, without regard to whether a law suit is filed or legal action otherwise undertaken by or on behalf of the Association. 

1.23 	"Commercial Vehicles" is defined in Section 3.19.1 below. 

1.24 	"Common Area" means (i) any Tract labeled as "Common Area" on the Plat; and (ii) all land, together with all Improvements situated thereon, which the Association at any time owns in fee or in which the Association has a leasehold interest for as long as the Association is the owner of the fee or leasehold interest. Improvements on the Common Area include, hut are not limited to, landscaping, drainage and retention facilities, ramada and "tot lot" recreation areas, private drives and private accessway, cluster mailboxes, if any, and permanent signage. 

1.25	 "Common Expense(s)" means expenditures made by or financial liabilities incurred by the Association, together with required allocations to reserves. 

1.26 	"County" means Maricopa County, Arizona. 

1.27 	"Declarant" means D.R. Horton, Inc. a Delaware corporation, and any Person to whom it may expressly assign any or all of its rights under this Declaration by an instrument Recorded with the County Recorder of the County. Any assignment of Declarant's rights hereunder shall not deprive the assignor of any rights, privileges or immunities granted under this Declaration. 

1.28 	"Declarant Parties" is defined in Section 10.1 below. 

1.29 	"Declaration" means this Declaration of Covenants, Conditions, Restrictions and Easements for Tatum Village, as it may be amended from time to time. 

1.30 	"Declaration of Annexation" means a declaration of annexation Recorded pursuant to Section 11.3 below. 

1.31 	"Dispute" is defined in Section 10.1 below. 

1.32 	"Easement Area" is defined in Section 4.7.1 below. 

1.33 	"Easement Lot" is defined in Section 4.7.1 below. 

1.34 	"Enforcement Assessment" means an Assessment levied pursuant to Section 6.6 of this Declaration. 

1.35 	"Family Vehicle" is defined in Section 3.19.1 below. 

1.36 	"FCC Rules" is defined in Section 3.1 5 below. 

1.37 	"FHA" is defined in Section 11.19 below. 
	
1.38 	"First Mortgage" means any mortgage or deed of trust on a Lot, which has priority over all other mortgages, and deeds of trust on the same Lot. 

1.39	 ''First Mortgagee" means the holder or beneficiary of any First Mortgage. 

1.40 	"Hazardous Materials" means any materials, substances or wastes, regardless of physical form or concentration, which may now or hereafter be defined as "hazardous substances", "hazardous materials", "hazardous wastes", "toxic substances", "pollutants" or words of similar import or meaning under any applicable federal state or local environmental law. 

1.41 	"Improvement" means any building, fence, gate, sidewalk, wall, equipment, swimming pool, spa, road, driveway, parking area (paved or unpaved), cluster mailbox, permanent signage, statuary, fountain, flagpole, artistic work or ornamentation of any kind, lighting fixture, basketball pole/hoop, play structure, patio cover or balcony, and trees, plants, shrubs, grass or other landscaping of every type and kind and any other structure of any type, kind or nature. For purposes of Section 3.1, "Improvement" shall not include swing sets without play platforms or other recreational equipment or structures placed within Private Yards which do not exceed a height of 8 feet from ground level and are placed a minimum of 3 feet away from all Boundary Walls between neighboring Lots regardless of where the Boundary Wall is located. 

1.42 	"Invitee" means any Person whose temporary or periodic presence within the Project, including within any Residential Dwelling, has been solicited, approved by or arranged for by a particular Owner, Lessee, or Resident, including without limitation, his guests, employees, licensees, business invitees, contractors and agents. 

1.43 	"Lessee" means the lessee or tenant under a lease, oral or written, of any Residential Dwelling on a Lot, including an assignee of a lease to the extent that the lease is permitted under the provisions of Section 3.12 below and any Rules as may be adopted by the Association. 

1.44	 "Lot" means a portion of the Project intended for independent ownership and use and designated as a lot on the Plat and, where the context indicates or requires, shall include any Residential Dwelling or other Improvements situated on the Lot. 

1.45 	"Member" means any Person who is a member of the Association. 

1.46	 "Modification" is defined in Section 3.1.3 below. 

1.47 	"Notice of Compliance" is defined in Section 1 1.9 below. 

1.48 	"Notice of Lien" is defined in Section 6.10.2 below. 

1.49 	"Notice of Violation" is defined in Section 1 1.9 below. 

1.50 	"Owner" means the record owner, whether one or more Persons, of beneficial or equitable title (and legal title if the same has merged with the beneficial or equitable title) to the fee simple title interest of a Lot. An Owner shall include a purchaser under a contract for the conveyance of real property, subject to the provisions of A.R.S. $33-741 et seq. An Owner shall not include: (i) Persons having an interest in a Lot merely as security for the performance of an obligation or a Lessee or (ii) a purchaser under a purchase contract and receipt, escrow instructions or similar executory contract which are intended to control the rights and obligations of the parties to the executory contract pending the closing of a sale or purchase transaction. In the case of Lots the fee simple title to which is vested in a trustee pursuant to A.R.S. $33-801 et seq., the trustor shall be deemed to be the Owner. In the case of Lots, the fee simple title to which is vested in a trustee pursuant to a subdivision trust agreement or similar agreement, the beneficiary of any such trust who is entitled to possession of the trust property shall be deemed to be the Owner. 

1.51 	"Person" means a natural person, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity. 

1.52	 "Plat" means the Final Plat of Tatum Village Recorded on June 29, 2006 in Book 849 of Maps, page 14, in the Official Records of the County Recorder, and all amendments, supplements and corrections thereto. 

1.53 	"Project” means the real property described on Exhibit A attached to this Declaration, together with all Improvements located thereon and all easements, rights and privileges appurtenant thereto. 

1.54 	"Project Documents" means this Declaration, the Articles, the Bylaws, and the Association Rules and Architectural Rules, if any. 

1.55 	"Purchaser" means any Person, other than the Declarant, who by means of a voluntary transfer becomes the Owner of a Lot. A Purchaser shall not include: (i) a Person who purchases a Lot and then leases it to the Declarant for use as a model home; or (ii) a Person who, in addition to purchasing a Lot, is assigned any or all of the Declarant's rights under this Declaration. 

1.56 	"Recording" means placing an instrument of public record in the office of the County Recorder of the County and "Recorded" means having been so placed of record. 

1.57	 "Reserve Account" is defined in Section 6.18.3 below. 

1.58 	"Reserve Contribution" is defined in Section 6.18.1 below. 

1.59 	"Resident" means each individual occupying or residing in any Residential Dwelling, including, without limitation, an Owner's or Lessee's family members and other members of their household residing with them on a regular basis. 

1.60 	"Residential Dwelling" means any building, or portion of a building, situated on a Lot and designed and intended for independent ownership and for use and occupancy as a Single Family residence. 

1.61 	"Section" is defined in Section 1 1.15 below. 

1.62 	"Single Family" means a group of one or more persons each related to the other by blood, marriage or legal adoption, or a group of not more than 3 persons who are unrelated by blood, marriage, or legal adoption, who maintain a common household in a Residential Dwelling. 

1.63 	"Special Assessment" means any assessment levied and assessed pursuant to Section 6.5 of this Declaration. 

1.64	 "Tract” means any Tract as labeled on the Plat. 

1.65 	"Transfer Fee" is defined in Section 6.1 5.1 below. 

1.66 	"UBE" is defined in Section 4.7.1 below. 

1.67 	"User Lot" is defined in Section 4.7.1 below. 

1.68 	"VA" is defined in Section 11.19 below. 

1.69	 "Vehicles" is defined in Section 3.19.1 below. 

1.70 	"Visible from Neighboring Property" means, with respect to any given object, that such object is or would be visible to a person six feet tall standing on any part of such neighboring property at an elevation no higher than the elevation of the base of the object being viewed, provided, however, that an object shall not be considered as being Visible From Neighboring Property if the object is visible only through a wrought iron fence or gate and would not be Visible From Neighboring Property if the wrought iron fence or gate were a solid fence or gate. 

1.71 	"Yard" means the portion of the Lot devoted to Improvements other than the Residential Dwelling. "Private Yard" means that portion of a Yard which is enclosed or shielded from view by walls, fences, hedges or the like so that it is not generally Visible from Neighboring Property and is accessible only by Resident of a Residential Dwelling and/or his Invitees. "Public Yard" means that portion of a Yard which is generally Visible from Neighboring Property, whether or not it is located in front of, beside, or behind the Residential Dwelling and includes any private courtyard area or gated entry area on the Public Yard.
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CC&R's - Article 1 - Definitions
