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2 <br /> <br /> <br /> <br />nonprofit mutual benefit corporation, the Members of which are the Owners of the Condominiums. <br /> <br />1.5. "Board " or "Board of Directors": The governing body of the Association. <br /> <br />1.6. "Building": The building or buildings that constitute the residential building structures, as <br />shown on the Condominium Plan. <br /> <br />1.7. “Bylaws”: The Bylaws of the Association, as amended from time to time."City": The ·City of <br />San Leandro, California. <br /> <br />1.8. "Common Area": The e ntire Project with the exception of, and excluding, the Units. The <br />Common Area includes, without limitation: Land and parking and driveway areas. Title to the Common <br />Area shall be held by all of the Owners in common as tenants-in-common as provided in Section 2.2.B of <br />this Declaration. <br /> <br />1.9. "Common Expenses": Common Expenses shall include those costs and expenses for <br />which the Association is responsible under this Declaration, including, but not limited to, the following actual <br />and estimated costs for the following: (a) inspecting, maintaining, repairing, replacing, managing and <br />operating the Common Areas of the Project; (b) all utilities for the Common Areas, or that are provided to the <br />Condominiums by the Association and are not separately metered to the Condominiums, and any other <br />utilities or services (such as garbage and trash removal) that are billed to the Association for the benefit of <br />the Project; (c) managing and administering the Association, including compensation for managers, <br />accountants, attorneys, and employees; (d) inspection, maintenance, repair and replacement of Common <br />Area improvements and facilities required by this Declaration and all other expenses incurred by the <br />Association for the common benefit of the Owners; (e) premiums for all insurance covering the Project that <br />the Association is obligated or authorized to obtain under this Declaration, including, but not limited to <br />insurance policies for the directors, officers and agents of the Association, and bonding the Members of the <br />Board; (f) any taxes paid by the Association; (g) any unpaid Special Assessments and amounts the Board <br />determines are necessary to maintain and fully fund the Reserve Fund; (h) amounts paid by the Association <br />for the discharge of any lien or encumbrance levied against the Project and (i) any other amount designated <br />in this Declaration as a Common Expense. <br /> <br />1.10. "Common Interest ": The proportionate undivided interest in the Common Area which is <br />appurtenant to each Condominium as set forth in this Declaration. <br /> <br />1.11. "Condominium": An estate in real property as defined in Civil Code Sections 783 and <br />4125, consisting of an undivided interest in common in a portion of the Property and a separate interest in <br />space called a Unit. <br /> <br />1.12. "Condominium Plan": The recorded three-dimensional plan of the Condominiums built or <br />to be built on the Property which identifies the Common Area and each separate interest pursuant to Civil <br />Code Sections 4120 and §4285, a copy of which Plan is attached hereto as Exhibit "A" and incorporated <br />by reference herein. <br /> <br />1.13. "County": The County of Alameda, California. <br /> <br />1.14. "Declarant": _______________, a California limited liability company, and any <br />successor or assign that expressly assumes the rights and duties of the Declarant hereunder, in a <br />recorded written document. <br /> <br />1.15. "Declaration": This Declaration, a ·s amended or supplemented from time to time . <br /> <br />1.16. "Exclusive Use Common Area": Those portions of the Common Area set aside for <br />exclusive use of an Owner or Owners, pursuant to Section 2.2.C of this Declaration. <br /> <br />89