Article I
Definitions
Marked for deletion is indicated by Red Text.
Added language is indicated by bold, italic font.
The following words, phrases, or terms used in this Declaration shall have the following meanings:
(a) "Annual Assessment" shall mean the charge levied and assessed each year against each Lot pursuant to Section 4.2 hereof.
(b) "Articles" shall mean and refer to the Articles of Incorporation of the Association.
(c) "Association" shall mean South Hills Pod 4, Phase 1 Owners Association, Inc., a Utah nonprofit corporation or limited liability company, organized or to be organized to administer and enforce the covenants and to exercise the rights, powers, and duties set forth in this Declaration.
(d) "Board" shall mean the Board of Trustees of the Association.
(e) "Bylaws" shall mean and refer to the Bylaws of the Association, as amended from time to time. A copy of the Bylaws is attached hereto and incorporated herein as Exhibit B.
(f) "Committee" shall mean and refer to the Architectural Control Committee established pursuant to Article VII hereof.
(g) "Common Area" shall mean all land within the Project that is now or in the future designated as Common Area by this Declaration and any amendments hereto, areas shown or otherwise designated as Common Area or Open Space on the Plat, and amendments and supplements thereto, or for which the Association has been granted an easement or which the Association has been permitted to use. Common Area shall include, but not be limited to, areas shown on the Plat as: (i) open space; and (ii) private road(s).
(h) "Common Expenses" shall mean all expenses for maintenance, repairs, landscaping, utilities and taxes incurred on or in connection with Common Areas within the Project, all insurance premiums, all expenses incurred in connection with enforcement of this Declaration, all expenses expressly declared to be Common Expenses by this Declaration or the Bylaws of the Association, and all other expenses which the Association is entitled to incur pursuant to the provisions of this Declaration or its Bylaws. Common Expenses do not include any utility services which are separately billed or metered to individual Lots, which separately billed or metered utility services shall be the sole responsibility of the applicable Lot Owner.
(i) "Declarant" shall mean and refer to Richmond American Homes of Utah, Inc., a Colorado corporation and/or any successor to said company which, either by operation of law or through a voluntary conveyance or transfer, comes to stand in the same relationship to the Project as did its predecessor. RESERVED
(j) "Lot" shall mean any of the sixty nine (69) one hundred thirty-seven (137) detached, single-family home building pads, separately numbered and individually described on the Plat and intended for private use and ownership, and any such additional building pads platted in future phases of the Project, if any.
(k) "Maintenance Charges" shall mean any and all costs assessed against an Owner's Lot and to be reimbursed to the Association for work done pursuant to Sections 5.2 and 5.3 and fines, penalties and collection costs incurred in connection with delinquent Annual Assessment or Special Assessment pursuant to Section 4.6.
(l) "Member" shall mean any person that is a member of the Association pursuant to the provisions of Section 2.1.
(m) "Owner" shall mean (when so capitalized) the record holder of legal title to the fee simple interest in any Lot. If there is more than one record holder of legal title to a Lot, each record holder shall be an "Owner."
(n) "Plat" shall mean the collective reference to the duly approved and recorded plat previously filed in the office of the Salt Lake County Recorder for the Project, and all future plats for future phases of the Project, if any, which may be added to the Project at Declarant's discretion as provided in Section 10.4 below.
(o) "Project" shall mean the collective reference to: (i) South Hills Pod 4 Subdivision and (ii) all future plats for future phases of South Hills Pod 4, if any, which may be added to the Project at Declarant's discretion as provided in Section 11.4 below, as shown on the Plat and governed by this Declaration.
(p) "Property" shall mean and refer to that certain real property located in Herriman City, Salt Lake County, State of Utah, and more particularly described on Exhibit A hereof, as amended from time to time as provided herein.
(q) "Reinvestment Fee" shall mean the charge which may be levied and assessed pursuant to Section 4.9. The Reinvestment Fee assessed, if any, shall be in compliance with Utah Code Ann. §57-1-46, as may be amended or replaced.
(r) "Special Assessment" shall mean any assessment levied and assessed pursuant to Section 4.3.