CC&R ARTICLE I: DEFINITIONS
For purposes of the Declaration and the Articles of Incorporation and the Bylaw of Foxwood Homeowners Association, certain words and phrases shall have particular meanings as follows:
Section 1. "Association" shall mean and refer to Foxwood Homeowners Association, its successors and assigns.
Section 2. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article X. For purposes of exercising the powers and duties assigned in this Declaration to the Board during the development period, this term shall also mean the "Temporary Board" or "Declarant" as provided in Article III unless the language or context clearly indicates otherwise.
Section 3. "Properties" shall mean and refer to the real property described with particularity in Exhibit "B" and such additions to that property which may hereinafter be brought within the jurisdiction of the Association.
Section 4. "Common Areas" shall mean and refer to all of the real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the members of the Association. The Common Areas to be owned by the Association at the time of the conveyance of the first lot are described as follows:
- All open space tracts of land to be dedicated to the Foxwood Homeowners' Association on the face of each plat map to be recorded within Foxwood.
- All other non-buildable lots or tracts of land specifically to be dedicated to the Foxwood Homeowners' Association on the face of each plat map to be recorded within Foxwood or to be deeded to the Association by separate legal instrument.
Section 5. "Common Maintenance Areas" shall mean those portions of all real property (including the improvements thereto) maintained by the Association for the benefit of the members of the Association. The areas to be maintained by the Association at the time of recording this Declaration are described as follows:
- All Common Areas as set forth in Section 4 above.
- The planter islands located in the roadways that have been installed voluntarily or as required by King County.
- The planter island located at the entrance of the plat on 175th Way S.E.
- Any landscaping improvements installed within any storm drainage tracts dedicated to King County.
- Ten-foot berm and fence improvements within a 10-foot easement along S.E. 256th Street.
- Fence, sign, and landscape easement, as depicted on Lots 1 and 34.
- Any future fence, berm, landscape, sign, or other appurtenances to be dedicated for common maintenance on future divisions.
Section 6. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties. Common Areas and Common Maintenance Areas shall not be regarded as Lots.
Section 7. "Declarant" shall mean and refer to William E. Ruth, or the successor designated by William E. Ruth during the development period, as defined herein, which shall be at William E. Ruth's sole and exclusive direction.
Section 8. "Architectural Control Committee" shall mean and refer to the duly appointed or elected committee of the Board of Directors as outlined in Article XV of this Declaration, hereinafter referred to as the "Committee."
Section 9. "Development Period" shall mean and refer to that period of time as defined in Article III of this Declaration.
Section 10. "Plat" shall mean and refer to the plat of Foxwood (Division I and Division II) and any other Division thereof, as approved by King County and recorded in King County, Washington (all said properties are legally described on Exhibit A and Exhibit B attached hereto).
Section 11. "Residence" shall mean and refer to buildings occupying any Lot.
Section 12. "Native Growth Protection Easements" shall mean and refer to the area on the plat which is designated as Sensitive Area Tract "H," respectively. This tract has been dedicated to the Foxwood Homeowners Association, in the areas indicated on the plat, for the protection and preservation of slopes that are located on the Properties. These tracts are subject to regulations of the King County Department of Public Works and the King County Department of Building and Land Development.
Section 13. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of (1) a fee simple title to any Lot which is a part of the Properties (but excluding those persons or entities, such as real estate contract sellers, having record title merely as security for the performance of an obligation), or (2) the Purchaser under a real estate contract prior to issuance of the fulfillment deed for the contract.