1.1 Words Defined. The following words, when used in this Declaration or in any Supplementary Declaration (unless the context shall prohibit), shall have the following meanings:

 

1.1.1 "Association" shall mean the Northshore Ridge Homeowners' Association, a Washington nonprofit corporation, its successors and assigns.

 

1.1.2 "Board of Directors" or "Board" of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Washington law.

 

1.1.3 "Builder" means any residential homebuilder who purchases a Lot from Declarant for the purpose of constructing a Single Family Home on such Lot.

 

1.1.4 "Bylaws" shall refer to the Bylaws of the Northshore Ridge Homeowners' Association.

 

1.1.5 "Common Areas" shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon as designated on the Plat (as defined below) or as otherwise conveyed to the Association for the common use and enjoyment of the Owners. Specifically, the Common Areas include Tract A and B which are both access and utility tracts, and Tract C, which is a recreation tract. The Association shall maintain the Common Areas including landscaping and play structure within Tract C.

 

1.1.6 "Community" shall mean and refer to that certain real property and interest therein described in Article 2, and such additions thereto as may be made by Declarant by Supplementary Declaration.

 

1.1.7 "Community-Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors. Such determination, however, shall generally be made with reference to the standards originally established by the Declarant.

 

1.1.8 "Declarant" shall mean and refer to Hawthorne Glen 12, LLC, and its successors-in-title and assigns, provided any such successor-in-title or assign shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsold portions of the real property described in Article 2; provided, further, such successor Declarant shall hold exclusively all rights of the former Declarant in and to such status as "Declarant" hereunder and the rights of Hawthorne Glen 12, LLC, shall cease, it being understood that as to all of the property described in Article 2, which is now subjected to this Declaration, there shall be only one "Declarant" hereunder at any one point in time.

 

1.1.9 "Development Period" shall mean that period of time beginning on the date this Declaration is recorded in the records of King County and ending on the earliest to occur of

1.1.10 "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation (if any) and Bylaws of the Association, and rules and regulations (if any) of the Community adopted by the Board, as any of the foregoing may be amended from time to time.

 

1.1.11 "Landscape Plan" shall mean the landscape plan approved by the City of Kenmore at the time of approval of the Plat which the Association shall maintain in its records, and any amendments or replacements of that landscape plan which have been approved in each instance by the City of Kenmore.

 

1.1.12 "Lot" shall mean any plot of land within the Community, whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements, a residential dwelling site as shown on a plat recorded in the records of King County.

 

1.1.13 "Mortgage" means any mortgage, deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. A "First Mortgage" means a Mortgage having first lien priority over any other Mortgages.

 

1.1.14 "Mortgagee" shall mean the holder of a Mortgage.

 

1.1.15 "Occupant" shall mean any Person occupying all or any portion of a Single Family Home or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property.

 

1.1.16 "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the payment or satisfaction of an obligation.

 

1.1.17 "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity.

 

1.1.18 "Plat" means the recorded Plat of Northshore Ridge referenced in Article 2 below.

 

1.1.19 "Single Family" shall mean a single housekeeping unit, without regard to the construction type or ownership of such unit, that includes not more than four (4) adults who are legally unrelated.

 

1.1.20 "Single Family Home" shall mean a home intended for occupancy by a Single Family which is constructed on a Lot in accordance with this Declaration.

 

1.1.20 "Supplementary Declaration" means an amendment or supplement to this Declaration which subjects additional property to this Declaration or that imposes, expressly or by reference, additional or modified restrictions and obligations on the land described therein.

 

1.1.21 "Total Association Vote" means all of the votes attributable to members of the Association (including votes of Declarant).