Covenants and RestrictionsDefinitions
1. Definitions. The following terms as used in this Declaration, unless the context clearly requires otherwise, shall mean the following:
(a) "Applicable Date" means the date determined pursuant to Paragraph 9 of this Declaration.
(b) "Articles" or "Articles of Incorporation" means the Articles of Incorporation of the corporation, as hereinafter defined. The Articles of Incorporation are incorporated herein by reference.
(c) "Board of Directors" means the governing body of the Corporation elected by the Members as provided in this Declaration and in accordance with the Bylaws of the Corporation.
(d) "Bylaws" shall mean the Bylaws of the Corporation and shall provide for the election of directors and officers and other governing officials of the Corporation.
(e) "Common Area" means the ground designated as such upon any Recorded Plat or any property conveyed to the Corporation for the use and benefit of its Members.
(f) "Common Expense" means expenses for administration of the Corporation, expenses for the upkeep, maintenance, repair and replacement of the Common Area and all sums lawfully assessed against the Members of the Corporation.
(g) "Corporation" means Crystal Pointe Homeowners Association, Inc., its successors and assigns, a not-for-profit corporation, whose Members shall be the Owners of Lots, or appointees as provided in Paragraph 10 of this Declaration; such Corporation being more particularly described in Paragraph 10 of this Declaration.
(h) "Crystal Pointe" means the name by which the Real Estate, which is the subject of this Declaration, shall be known.
(i) "Declarant" shall mean and refer to Centex Homes Company, an Indiana general partnership, and 86th Street Development Limited Partnership, an Indiana limited partnership and any successors and assigns of either of them whom they designate in one or more written recorded instruments, to have the rights of Declarant hereunder including, but not limited to, any mortgagee acquiring title to any portion of the Real Estate pursuant to the exercise of rights under, or foreclosure of, a mortgage executed by Declarant. Except as otherwise specifically provided in this Declaration, any action of the Declarant must be made jointly by Centex and 86th Street.
(j) "Dwelling Unit" means one of the living units located upon a Lot.
(k) "Lot" means any plot of ground designated as such upon Recorded Plat and upon which one (1) Dwelling Unit is constructed, may be constructed or exists thereon. When Lot is used it shall be deemed to include the Dwelling Unit, if any, located thereon.
(l) "Member" means a member of the Corporation.
(m) "Mortgagee" means the holder of a first mortgage lien on a Lot.
(n) "Recorded Plat(s)" means any plat of a portion of the Real Estate depicting thereon Lots and Common Areas that have been (i) prepared and certified by a registered land surveyor in the State of Indiana; (ii) executed by the owner of the Real Estate that is the subject of the plat and (iii) recorded in the office of the Recorder of Marion County, Indiana.
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(a) "Applicable Date" means the date determined pursuant to Paragraph 9 of this Declaration.
(b) "Articles" or "Articles of Incorporation" means the Articles of Incorporation of the corporation, as hereinafter defined. The Articles of Incorporation are incorporated herein by reference.
(c) "Board of Directors" means the governing body of the Corporation elected by the Members as provided in this Declaration and in accordance with the Bylaws of the Corporation.
(d) "Bylaws" shall mean the Bylaws of the Corporation and shall provide for the election of directors and officers and other governing officials of the Corporation.
(e) "Common Area" means the ground designated as such upon any Recorded Plat or any property conveyed to the Corporation for the use and benefit of its Members.
(f) "Common Expense" means expenses for administration of the Corporation, expenses for the upkeep, maintenance, repair and replacement of the Common Area and all sums lawfully assessed against the Members of the Corporation.
(g) "Corporation" means Crystal Pointe Homeowners Association, Inc., its successors and assigns, a not-for-profit corporation, whose Members shall be the Owners of Lots, or appointees as provided in Paragraph 10 of this Declaration; such Corporation being more particularly described in Paragraph 10 of this Declaration.
(h) "Crystal Pointe" means the name by which the Real Estate, which is the subject of this Declaration, shall be known.
(i) "Declarant" shall mean and refer to Centex Homes Company, an Indiana general partnership, and 86th Street Development Limited Partnership, an Indiana limited partnership and any successors and assigns of either of them whom they designate in one or more written recorded instruments, to have the rights of Declarant hereunder including, but not limited to, any mortgagee acquiring title to any portion of the Real Estate pursuant to the exercise of rights under, or foreclosure of, a mortgage executed by Declarant. Except as otherwise specifically provided in this Declaration, any action of the Declarant must be made jointly by Centex and 86th Street.
(j) "Dwelling Unit" means one of the living units located upon a Lot.
(k) "Lot" means any plot of ground designated as such upon Recorded Plat and upon which one (1) Dwelling Unit is constructed, may be constructed or exists thereon. When Lot is used it shall be deemed to include the Dwelling Unit, if any, located thereon.
(l) "Member" means a member of the Corporation.
(m) "Mortgagee" means the holder of a first mortgage lien on a Lot.
(n) "Recorded Plat(s)" means any plat of a portion of the Real Estate depicting thereon Lots and Common Areas that have been (i) prepared and certified by a registered land surveyor in the State of Indiana; (ii) executed by the owner of the Real Estate that is the subject of the plat and (iii) recorded in the office of the Recorder of Marion County, Indiana.
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