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<br /> <br />4810-5342-0509, v. 2 <br /> 2 <br /> <br />DECLARATION <br />NOW, THEREFORE, Declarant declares that the Property is, and shall be, held, conveyed, encumbered, <br />leased and improved subject to the covenants, conditions, restrictions, easements, liens and charges set <br />forth in this Declaration, all of which are declared and agreed to be in furtherance of a plan of condominium <br />ownership as described in California Civil Code Section 4000, et seq. for the subdivision, improvement, <br />protection, maintenance, and for the sale of Condominiums and all of which are agreed to be for the purpose <br />of enhancing, maintaining and protecting the value and appearance of the Property and which shall run <br />with the land, shall be binding on and inure to the benefit of Declarant and all Owners having or acquiring <br />any right, title or interest in the Property and shall be binding on and inure to the benefit of the successors <br />in interest of such parties. Declarant further declares that it is the express intent that this Declaration satisfy <br />the requirements of California Civil Code Section 5975. <br />ARTICLE 1 <br />DEFINITIONS <br />Unless the context otherwise specifies or requires, the terms defined in this Article shall, for all purposes of <br />this Declaration, have the meanings specified below. <br />1.1 “Additional Charges” means costs, fees, charges and expenditures, including, without <br />limitation, attorneys’ fees and costs, late charges, interest, administrative charges and recording and filing <br />fees actually incurred by the Association in collecting and/or enforcing payment of Assessments, and other <br />amounts levied under this Declaration. Additional Charges include, without limitation, the following: (a) <br />reasonable attorneys’ fees and costs incurred in the event an attorney is employed to collect any <br />Assessment or sum due, whether by suit or otherwise; (b) a late charge in an amount to be fixed by the <br />Association in accordance with California Civil Code Section 5650 to compensate the Association for <br />additional collection costs incurred in the event any Assessment or other sum is not paid when due or within <br />any “grace” period established by Applicable Laws; (c) costs of suit and court costs incurred as are allowed <br />by the court; (d) interest at the Interest Rate; and (e) any such other additional costs that the Association <br />may incur in the process of collecting delinquent Assessments. <br />1.2 “ADU” means an accessory dwelling unit or junior accessory dwelling unit as defined in <br />California Government Code Section 65852.2 and 65852.22, respectively. <br />1.3 “Annexable Property” means the real property described on Exhibit “B” and any real <br />property identified in a Supplementary Declaration as Annexable Property. <br />1.4 “Annexation” means the process by which the Annexable Property may be made subject <br />to this Declaration as set forth in Article 15 (Annexation and Deannexation of Property). <br />1.5 “Applicable Laws” means the Community Entitlements and/or any law, regulation, rule, <br />order and ordinance of any Governmental Entities which are applicable to the Community now in effect or <br />as hereafter promulgated. <br />1.6 “Articles” means the Articles of Incorporation of the Association, as they may from time <br />to time be amended, which are or shall be filed in the Office of the California Secretary of State. <br />1.7 “Assessments” means the assessments which are levied to cover the Common <br />Expenses under Article 6 (Assessments) or other assessments permitted to be levied by the Association <br />under this Declaration and the other Governing Documents, which include the assessments described in <br />Section 6.4 (Regular Assessments) and Section 6.5 (Other Type of Assessments) of the Declaration. <br />1.8 “Association” means the Maple Lane Community Association, a California nonprofit <br />mutual benefit corporation, and any successor entity. <br />255