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DSCC-57520\2494968.2 2 September 17, 2021
<br />1.7 Commercial and Industrial Act. The Commercial and Industrial Common Interest
<br />Development Act as set forth in Part 5.3 (commencing with Civil Code section 6500) to Division 4 of the
<br />Civil Code and any subsequent modifications thereto.
<br />1.8 Common Area. The element of a Condominium that is owned in undivided interests in
<br />common, consisting of Lot ___ as described on the Map and all Improvements thereon, except Unit 1 and
<br />Unit 2 described in Sections 2.8.2 and 2.8.7. The Common Area includes the land, airspace outside the
<br />Units, foundations, unfinished floors, subfloors, beams, columns, exterior walls and trim, windows, roof,
<br />exterior doors, load-bearing walls, sprinklers, sprinkler pipes, other life safety systems and vents (including
<br />portions that protrude into the Unit), reservoirs, tanks, pumps, meters, ducts, chutes, conduits, pipes,
<br />plumbing, wires, and other utilities (except the fixtures located within the boundaries of a Unit), loading
<br />dock, electrical room(s), and all other Improvements in the Development except the Improvements located
<br />within the boundaries of a Unit as described in Section 1.26.
<br />1.9 Condominium. A fee (perpetual) estate in real property as defined in Civil Code section
<br />6542 consisting of two elements: (i) a separate interest in space identified as a “Unit” as described in
<br />Section 1.26, and (ii) an undivided interest in common in the Common Area as described in Section 1.8.
<br />1.10 Condominium Plan. The condominium plan for the Development that was prepared in
<br />accordance with the requirements of Civil Code sections 6540 and 6624 and that was recorded on
<br />______________, 20__, as Document No. _____________________________ in the records of Alameda
<br />County, California, and any amendments or corrections thereto.
<br />1.11 Declarant. The Davis Street Community Center Incorporated, a California corporation
<br />(“DSCC”), and DS Real Property Investors LLC, a California limited liability company, or any successor or
<br />assign that assumes in writing all or a portion of the rights and duties of a Declarant hereunder. There is
<br />more than one Declarant.
<br />1.12 Declaration. This Declaration of Restrictions (CC&Rs) and any amendments or corrections
<br />thereto.
<br />1.13 Development. The commercial development that is constructed on Lot ___ shown on the
<br />Map and subject to all the provisions in this Declaration, including the Condominiums and all other
<br />Improvements thereon.
<br />1.14 Exclusive Use Common Area. The portion or portions of the Common Area described in
<br />Section 2.8 that are subject to rights for the exclusive use of one of the Owners.
<br />1.15 Governing Documents. This Declaration, the Articles, and the Bylaws.
<br />1.16 Improvements. Any property in the Development constituting a fixture within the meaning
<br />of Civil Code section 660.
<br />1.17 Maintain, Maintained, Maintaining or Maintenance. Unless expressly stated otherwise,
<br />“maintain”, “maintained”, “maintaining” or “maintenance” as used in this Declaration includes inspection,
<br />cleaning, maintenance, repair, upgrading and/or replacement.
<br />1.18 Map. The subdivision map entitled “___________________________” filed for record in
<br />Alameda County, California, on _______________, 20__, in Book ____________ of Maps at pages
<br />________________________, including any subsequently-recorded amended final maps, parcel maps,
<br />certificates of correction, lot-line adjustments, and/or records of survey.
<br />1.19 Member. A member of the Association.
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