DEFINITIONS
1.1 "Annual Assessment" means the assessments levied against each Lot, and the Owner thereof, pursuant to Section 6.2 of this Declaration. Return to Top | Return to Table of Contents
1.2 "Architectural Committee" means the architectural committee of the Association to be created pursuant to Section 5.9 of this Declaration and the Bylaws. Return to Top | Return to Table of Contents
1.3 "Architectural Committee Rules" means the rules and guidelines adopted by the Architectural Committee pursuant to Section 5.9 of this Declaration and the Bylaws, as they may from time to time be amended or supplemented. Return to Top | Return to Table of Contents
1.4 "Areas of Association Responsibility" means (i) all Common Area, including the Improvements and landscaping situated thereon, and (ii) any portion of the Improvements situated on 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. Return to Top | Return to Table of Contents
1.5 "Articles" means the Articles of Incorporation of the Association, as they may from time to time be amended. Return to Top | Return to Table of Contents
1.6 "Assessment" means an Annual Assessment, Special Assessment or Lot Specific Assessment. Return to Top | Return to Table of Contents
1.7 "Association" means The Association of La Buena Vida Estates, Inc., an Arizona nonprofit corporation, and its successors and assigns. Return to Top | Return to Table of Contents
1.8 "Association Lien" means the lien created and imposed by Section 6.1 of this Declaration. Return to Top | Return to Table of Contents
1.9 "Association Property" means any personal property owned or leased by the Association. Return to Top | Return to Table of Contents
1.10 "Association Rules" means the restrictions, limitations, rules and regulations adopted by the Association pursuant to Section 5.3 of this Declaration, as they may from time to time be amended. Return to Top | Return to Table of Contents
1.11 "Board" means the Board of Directors of the Association. Return to Top | Return to Table of Contents
1.12 "Bylaws" means the Amended and Restated Bylaws of the Association, as amended from time to time. Return to Top | Return to Table of Contents
1.13 "Common Area" means all real property, together with all Improvements situated thereon, which the Association owns in fee or in which the Association has a leasehold interest. "Common Area" shall not include any real property, improvements or personal property acquired by the Association in lieu of foreclosure or trustee's sale or through attachment, foreclosure, Sheriff's sale, Trustee's sale, tax sale, redemption or any other judicial, quasi-judicial, bankruptcy or regulatory action. Return to Top | Return to Table of Contents
1.14 "Common Expenses" means expenditures made by or financial liabilities of the Association, together with any allocations to reserves. Return to Top | Return to Table of Contents
1.15 "Declaration" means this Amended and Restated Declaration of Covenants, Conditions and Restrictions, as it may be amended from time to time. Return to Top | Return to Table of Contents
1.16 "Exterior Alteration" means any construction, installation, addition alteration, repair, change, change of color, landscaping, removal, demolition or other work that alters the exterior appearance of a Lot or the Improvements located thereon. Return to Top | Return to Table of Contents
1.17 "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. Return to Top | Return to Table of Contents
1.18 "Improvement" means any building, fence, wall or other structure or any swimming pool, road, driveway, parking area or any trees, plants, shrubs, grass or other landscaping improvements of every type and kind. Return to Top | Return to Table of Contents
1.19 "Lessee" means a third-party lessee, sublessee, tenant or subtenant under a lease, oral or written, of any Lot. As used herein a "third party" is any Person who is not an Owner. Return to Top | Return to Table of Contents
1.20 "Lot" means each parcel of real property designated as a lot on the Property and, where the context indicates or requires, shall include any Residential Unit, building, structure or other Improvements situated on the Lot. Return to Top | Return to Table of Contents
1.21 "Maintenance Standard" means the standard of maintenance of Improvements established from time to time by the Board or, in the absence of any standard established by the Board, the standard of maintenance of Improvements generally prevailing throughout the Project. Return to Top | Return to Table of Contents
1.22 "Member" means any Person who owns a Lot within the Association. Return to Top | Return to Table of Contents
1.23 "Owner" means the record owner, whether one or more Persons, of legal, beneficial or equitable title to the fee simple interest of a Lot. "Owner" shall not include (i) Persons having an interest in a Lot merely as security for the performance of an obligation, or (ii) a Lessee. In the case of Lots, the fee simple title to which is vested in a trustee pursuant to Arizona Revised Statutes, Section 33-801, et seq., the Trustor shall be deemed to be the "Owner." "Owner" shall also include a purchaser under a contract for the conveyance of real property subject to the provisions of A.R.S. Section 33-741, et seq. "Owner" shall not include purchasers under purchase contracts and receipts, escrow instructions or similar executory contracts that are intended to control the rights and obligations of the parties to such executory contracts pending the closing of a sale or purchase transaction. Return to Top | Return to Table of Contents
1.24 "Person" means a natural person, corporation, business trust, estate, trust, living trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity. Return to Top | Return to Table of Contents
1.25 "Property" or "Project" shall mean and refer to that all real property reflected on that certain Plat of record in the office of the County Recorder of Pima County, AZ, in Book 19 of Maps and Plats at Page 30, that certain Plat of record in the office of the County Recorder of Pima County, AZ, in Book 22 of Maps at page 36, that certain Plat of record in the office of the County Recorder of Pima County, AZ, in Book 25 of Maps at page 26, that certain Plat of record in the office of the County Recorder of Pima County, AZ, in Book 25 of Maps at page 92 in addition to the Common Area, personal or mixed property herein before described which is subject to this Declaration, and such additions hereto as may hereafter be brought within the jurisdiction of the Association. Return to Top | Return to Table of Contents
1.26 "Project Documents" or "Governing Documents" means this Declaration, the Articles, the Bylaws, the Association Rules, and the Architectural Committee Rules. Return to Top | Return to Table of Contents
1.27 "Purchaser" means any Person who by means of a voluntary transfer becomes the Owner of a Lot. Return to Top | Return to Table of Contents
1.28 "Recording" means placing an instrument of public record in the office of the County Recorder of Pima County, Arizona, and "Recorded" means having been so placed of public record. Return to Top | Return to Table of Contents
1.29 "Resident" means each individual occupying or residing in any Residential Unit. Return to Top | Return to Table of Contents
1.30 "Residential Unit" means any building, or portion of a building, situated upon a Lot and designed and intended for independent ownership and for use and occupancy as a residence. Return to Top | Return to Table of Contents
1.31 "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 three (3) persons not all so related, who maintain a common household in a Residential Unit. Return to Top | Return to Table of Contents
1.32 "Special Assessment" means any assessment levied and assessed pursuant to Section 6.5 of this Declaration. Return to Top | Return to Table of Contents
1.33 "Visible From Neighboring Property" means, with respect to any given object, that the object is or would be visible to a person six feet tall, standing at ground level on any part of the neighboring property. Return to Top | Return to Table of Contents
1.1 "Annual Assessment" means the assessments levied against each Lot, and the Owner thereof, pursuant to Section 6.2 of this Declaration. Return to Top | Return to Table of Contents
1.2 "Architectural Committee" means the architectural committee of the Association to be created pursuant to Section 5.9 of this Declaration and the Bylaws. Return to Top | Return to Table of Contents
1.3 "Architectural Committee Rules" means the rules and guidelines adopted by the Architectural Committee pursuant to Section 5.9 of this Declaration and the Bylaws, as they may from time to time be amended or supplemented. Return to Top | Return to Table of Contents
1.4 "Areas of Association Responsibility" means (i) all Common Area, including the Improvements and landscaping situated thereon, and (ii) any portion of the Improvements situated on 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. Return to Top | Return to Table of Contents
1.5 "Articles" means the Articles of Incorporation of the Association, as they may from time to time be amended. Return to Top | Return to Table of Contents
1.6 "Assessment" means an Annual Assessment, Special Assessment or Lot Specific Assessment. Return to Top | Return to Table of Contents
1.7 "Association" means The Association of La Buena Vida Estates, Inc., an Arizona nonprofit corporation, and its successors and assigns. Return to Top | Return to Table of Contents
1.8 "Association Lien" means the lien created and imposed by Section 6.1 of this Declaration. Return to Top | Return to Table of Contents
1.9 "Association Property" means any personal property owned or leased by the Association. Return to Top | Return to Table of Contents
1.10 "Association Rules" means the restrictions, limitations, rules and regulations adopted by the Association pursuant to Section 5.3 of this Declaration, as they may from time to time be amended. Return to Top | Return to Table of Contents
1.11 "Board" means the Board of Directors of the Association. Return to Top | Return to Table of Contents
1.12 "Bylaws" means the Amended and Restated Bylaws of the Association, as amended from time to time. Return to Top | Return to Table of Contents
1.13 "Common Area" means all real property, together with all Improvements situated thereon, which the Association owns in fee or in which the Association has a leasehold interest. "Common Area" shall not include any real property, improvements or personal property acquired by the Association in lieu of foreclosure or trustee's sale or through attachment, foreclosure, Sheriff's sale, Trustee's sale, tax sale, redemption or any other judicial, quasi-judicial, bankruptcy or regulatory action. Return to Top | Return to Table of Contents
1.14 "Common Expenses" means expenditures made by or financial liabilities of the Association, together with any allocations to reserves. Return to Top | Return to Table of Contents
1.15 "Declaration" means this Amended and Restated Declaration of Covenants, Conditions and Restrictions, as it may be amended from time to time. Return to Top | Return to Table of Contents
1.16 "Exterior Alteration" means any construction, installation, addition alteration, repair, change, change of color, landscaping, removal, demolition or other work that alters the exterior appearance of a Lot or the Improvements located thereon. Return to Top | Return to Table of Contents
1.17 "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. Return to Top | Return to Table of Contents
1.18 "Improvement" means any building, fence, wall or other structure or any swimming pool, road, driveway, parking area or any trees, plants, shrubs, grass or other landscaping improvements of every type and kind. Return to Top | Return to Table of Contents
1.19 "Lessee" means a third-party lessee, sublessee, tenant or subtenant under a lease, oral or written, of any Lot. As used herein a "third party" is any Person who is not an Owner. Return to Top | Return to Table of Contents
1.20 "Lot" means each parcel of real property designated as a lot on the Property and, where the context indicates or requires, shall include any Residential Unit, building, structure or other Improvements situated on the Lot. Return to Top | Return to Table of Contents
1.21 "Maintenance Standard" means the standard of maintenance of Improvements established from time to time by the Board or, in the absence of any standard established by the Board, the standard of maintenance of Improvements generally prevailing throughout the Project. Return to Top | Return to Table of Contents
1.22 "Member" means any Person who owns a Lot within the Association. Return to Top | Return to Table of Contents
1.23 "Owner" means the record owner, whether one or more Persons, of legal, beneficial or equitable title to the fee simple interest of a Lot. "Owner" shall not include (i) Persons having an interest in a Lot merely as security for the performance of an obligation, or (ii) a Lessee. In the case of Lots, the fee simple title to which is vested in a trustee pursuant to Arizona Revised Statutes, Section 33-801, et seq., the Trustor shall be deemed to be the "Owner." "Owner" shall also include a purchaser under a contract for the conveyance of real property subject to the provisions of A.R.S. Section 33-741, et seq. "Owner" shall not include purchasers under purchase contracts and receipts, escrow instructions or similar executory contracts that are intended to control the rights and obligations of the parties to such executory contracts pending the closing of a sale or purchase transaction. Return to Top | Return to Table of Contents
1.24 "Person" means a natural person, corporation, business trust, estate, trust, living trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity. Return to Top | Return to Table of Contents
1.25 "Property" or "Project" shall mean and refer to that all real property reflected on that certain Plat of record in the office of the County Recorder of Pima County, AZ, in Book 19 of Maps and Plats at Page 30, that certain Plat of record in the office of the County Recorder of Pima County, AZ, in Book 22 of Maps at page 36, that certain Plat of record in the office of the County Recorder of Pima County, AZ, in Book 25 of Maps at page 26, that certain Plat of record in the office of the County Recorder of Pima County, AZ, in Book 25 of Maps at page 92 in addition to the Common Area, personal or mixed property herein before described which is subject to this Declaration, and such additions hereto as may hereafter be brought within the jurisdiction of the Association. Return to Top | Return to Table of Contents
1.26 "Project Documents" or "Governing Documents" means this Declaration, the Articles, the Bylaws, the Association Rules, and the Architectural Committee Rules. Return to Top | Return to Table of Contents
1.27 "Purchaser" means any Person who by means of a voluntary transfer becomes the Owner of a Lot. Return to Top | Return to Table of Contents
1.28 "Recording" means placing an instrument of public record in the office of the County Recorder of Pima County, Arizona, and "Recorded" means having been so placed of public record. Return to Top | Return to Table of Contents
1.29 "Resident" means each individual occupying or residing in any Residential Unit. Return to Top | Return to Table of Contents
1.30 "Residential Unit" means any building, or portion of a building, situated upon a Lot and designed and intended for independent ownership and for use and occupancy as a residence. Return to Top | Return to Table of Contents
1.31 "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 three (3) persons not all so related, who maintain a common household in a Residential Unit. Return to Top | Return to Table of Contents
1.32 "Special Assessment" means any assessment levied and assessed pursuant to Section 6.5 of this Declaration. Return to Top | Return to Table of Contents
1.33 "Visible From Neighboring Property" means, with respect to any given object, that the object is or would be visible to a person six feet tall, standing at ground level on any part of the neighboring property. Return to Top | Return to Table of Contents
