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ARTICLE I
DEFINITIONS

 

The following words, when used in this Declaration, shall have the following meanings:

 

SECTION 1. "Architectural Review Committee" refers to the committee created pursuant to Section 2 of Article VI hereof for the purpose of reviewing plans and specifications for the construction of proposed improvements or the alteration of existing improvements on the Lots within the Subdivision as set forth in Article VI hereof.

 

SECTION 2. "Articles of Incorporation" shall mean the Articles of Incorporation of the The Lakewood Crossing, Section One Homeowners Association, Inc. and any amendments thereto, as filed with the Secretary of State of the State of Texas.

 

SECTION 3. "Assessment" shall mean the annual assessments, special assessments, and/or any other amounts or sums due by any Owner to the Association pursuant to the provisions of this Declaration levied by the Association for purposes of obtaining funds to pay Association Expenses as provided herein.

 

SECTION 4. "Association" shall mean The Lakewood Crossing, Section One Homeowners Association, Inc., a non-profit, non-stock, membership corporation incorporated under the laws of the State of Texas, its successors and assigns.

 

SECTION 5. "Association Expenses" shall mean and include the actual and estimated expenses of operating the Association and maintaining reasonable reserves, all as may be found to be necessary and appropriate by the Board of Directors of the Association pursuant to this Declaration and the Association's ByLaws and Articles of Incorporation.

 

SECTION 6. "Board of Directors" or "Board" shall mean the governing body of the Association whose members shall be appointed by the Declarant during the Class B Control Period and thereafter elected by the Members.

 

SECTION 7. "Construction Guidelines" shall mean and refer to certain standards and requirements for the construction of improvements adopted by the Architectural Review Committee which must be complied with by an Owner in order to obtain approval of the plans and specifications for proposed improvements on a Lot in the Subdivision as required by this Declaration.

 

SECTION 8. "Builder" shall mean and refer to any Person who acquires a Lot from the Declarant for the purpose of constructing and selling a Single Family Residence.

 

SECTION 9. "By-Laws" shall mean the By-Laws of the Association, as amended from time to time.

 

SECTION 10. "Class B Control Period" means the period of time during which the Class "B" Member is entitled to appoint the members of the Board of Directors, as specified in the By-Laws.

 

SECTION 11. "Common Area" shall mean all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon, now or hereafter owned by the Association for the common use and enjoyment or benefit of the Owners and Occupants, together with those areas, if any, which by contract or agreement become the responsibility of the Association. Road rights-of-ways and easement areas within or adjacent to the Subdivision may, at the discretion of the Board of Directors, be part of the Common Area.

 

SECTION 12. "Declarant" shall mean and refer collectively to Cypress Creek Properties, Ltd., a Texas limited partnership, and Harry J. Glauser, III, and to their heirs, legal representatives, successors and assigns, provided that in the case of an assign in an instrument of conveyance or by a separate written instrument placed of record in the real property records of Harris County, Texas, such assign is designated as the "Declarant" by the Declarant hereunder at such time. Upon such designation of an assign as a successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease.

 

SECTION 13. "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions for Lakewood Crossing, Section One as it may hereafter be amended.

 

SECTION 14.  "Exempt Property" shall have the meaning set forth in Section 9 of Article III hereof.

 

SECTION 15. "Landscaping Guidelines" shall mean and refer to written landscape design, installation and maintenance criteria for the Lots which are adopted by the Architectural Review Committee.

 

SECTION 16. "Lot" shall mean any of the numbered lots shown on the plat of the Subdivision, excluding reserve tracts, but including lots created by the platting or replatting of a reserve tract. "Lots" shall mean and refer to each Lot and all of them.

 

SECTION 17. "Member" shall mean a Person entitled to membership in the Association, as provided herein.

 

SECTION 18. "Mortgage" shall mean a deed of trust, mortgage or other similar security instrument granting, creating, or conveying a lien or security interest upon a Lot.

 

SECTION 19. "Mortgagee" shall mean a beneficiary or holder of a Mortgage.

 

SECTION 20. "Occupant" shall mean any person occupying all or any portion of a residence within the Subdivision for any period of time, regardless of whether such person is a tenant of the Owner of such property.

 

SECTION 21. "One Hundred Foot Lots" shall mean Lots 37 through 54 in Block 2 of the Subdivision, which have an average width of approximately one hundred (100) feet.

 

SECTION 22. "Owner" shall mean the record owner, whether one or more Persons of the fee simple title to a Lot, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation or those owning an interest in the mineral estate.

 

SECTION 23. "Person" shall mean any natural person, corporation, joint venture, partnership, association, trust or other legal entity.

 

SECTION 24.  "Seventy-Five Foot Lots" shall mean Lots 1 through 8 in Block 1, Lots 1 through 36 in Block 2, Lots 1 through 45 in Block 3, and Lots 1 through 3 in Block 4 of the Subdivision which have an average width of approximately seventy-five (75) feet.

 

SECTION 25.  "Single Family Residence" shall, mean to a detached residence constructed on a single Lot.

 

SECTION 26. "Sixty Foot Lots" shall mean Lots 4 through 19 in Block 4 and Lots I through 34 in Block 5 of the Subdivision which have an average width of approximately sixty (60) feet.

 

SECTION 27. "Street" shall mean any street, boulevard, road, alley, lane, avenue, or thoroughfare within or adjacent to the Subdivision.

 

SECTION 28.  "Subdivision" shall mean Lakewood Crossing, Section One, a subdivision of land in Harris County, Texas according to the plat thereof recorded under Film Code No. 384143 in the Map Records of Harris County, Texas.

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