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<br /> <br />4810-5342-0509, v. 2 <br /> 6 <br /> <br />ceilings or surface flooring of a Unit or impacts or affects in any manner any Association Property; changes <br />of level, grade or drainage pattern of any Exclusive Use Easement Area; deck covers; skylights; stairs; <br />window tinting; plantings and potted plants; paving, tiling or other covering of any deck; Utility Facilities; <br />poles and signs; and all other structures or improvements of every type and kind installed or erected on the <br />Property. The Design Guidelines may identify additional items that are Improvements which require <br />approval of the Board. <br />1.42 “Institutional Mortgagee” means each of the following: (a) a First Mortgagee that is a <br />bank, savings and loan association, insurance or mortgage company or other entity or institution chartered <br />under federal and/or state law; (b) an insurer or governmental guarantor of a First Mortgage; (c) a First <br />Mortgagee that is a Federal or State Agency; or (d) any other institution specified by the Board in a recorded <br />instrument that is the Mortgagee of a Mortgage or the beneficiary of a deed of trust encumbering a <br />Condominium. <br />1.43 “Interest Rate” means the rate of interest chargeable under this Declaration equal to the <br />rate established by the Association from time to time, but not to exceed the maximum rate allowed by <br />Applicable Laws. <br />1.44 “Invitee” means any Person whose presence within the Community is approved by or is <br />at the request of a particular Owner, including, without limitation, Occupants, agents, contractors and the <br />family, guests, employees or licensees of Owners or Lessees. <br />1.45 “Lease” means each lease whereby a Person acquires rights to use or occupy a <br />Condominium for a specified term. <br />1.46 “Lessee” means any tenant or lessee occupying a portion of the Property with a Lease. <br />1.47 “Limited Warranty” means the Limited Warranty provided by Declarant to the First <br />Owner. <br />1.48 “Maintenance” or “Maintain” whether capitalized or not means maintain, repair and <br />replace unless otherwise specified in this Declaration. <br />1.49 “Maintenance Chart” means Exhibit “C” attached hereto and incorporated herein which <br />designates the components of the Community to be maintained by the Association and the Owners, <br />respectively. The Maintenance Chart may be further modified or supplemented in a Supplementary <br />Declaration. <br />1.50 “Maintenance Obligations” means the Association’s obligations and each Owner’s <br />obligations to perform: (a) all reasonable maintenance consistent with the terms of the Association <br />Maintenance Manual and Owner Maintenance Manual, respectively; (b) any maintenance obligations and <br />schedules in any warranty offered by Declarant or any manufacturer, and any maintenance obligations and <br />schedules otherwise provided to the Association or the Owners by Declarant or any manufacturer, as <br />applicable; (c) any commonly accepted maintenance practices intended to prolong the life of the materials <br />and construction of the Association Property and Units, as applicable; and (d) any maintenance obligations <br />imposed by the Governing Documents or Governmental Entities. <br />1.51 “Map(s)” means the final subdivision or parcel map(s) covering all or any portion of the <br />Property and any corrections, modifications and/or lot line adjustments to such maps. <br />1.52 "Master Dispute Resolution Declaration" means any Master Dispute Resolution <br />Declaration executed by Declarant which is recorded in the Official Records against any portion of the <br />Property. References to the Master Dispute Resolution Declaration include any subsequently recorded <br />amendments or supplements thereto. There may be more than one (1) Master Dispute Resolution <br />Declaration at any given time; each may apply to different Condominiums or portions of the Community. <br />259