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Sect. 1
I. DEFINITIONS The following terms as used in this Declaration, unless the context
otherwise expressly provides or requires, are defined as follows: 1.1 "Advisory Board" means an Advisory Board composed of the
three (3) Delegates from each Community. The Advisory Board shall be formed to
meet, prior to the Turnover Date, from time to time, to resolve issues arising
between the Declarant or any committee formed by the Declarant and any
Community Association or the Owners in a Community which has no Community
Association. å 1.2 "Architectural Control Committee" or "ACC"
means the committee empowered with the authority to approve and disapprove all
places for buildings, structures and any improvements whatsoever. å 1.3 “Articles of
Incorporation" means the Articles of Incorporation of the Beech Mountain
Lakes Association, Inc., as they may lawfully be amended from time to time. 1.4 "Annual Assessment" means the amount levied annually
upon any Owner, which includes, but is not limited to, a Community Assessment
and an Association Assessment. å
1.5 "Assessment"
means any amount which, from time to time, is levied as permitted by this
Declaration or a Community Declaration, by the Declarant, the Board of
Directors of the Association or the Board of Directors of a Community
Association, upon any Owner, including, but not limited to the Annual Assessment
and Special Assessments. å 1.6 "Association" means the Beech Mountain Lakes Association,
the association of all property owners of Beech Mountain Lakes development.
UNTIL SUCH TIME AS THE ASSOCIATION IS REACTIVATED, ALL RIGHTS AND OBLIGATIONS
OF THE ASSOCIATION SHALL BE ASSUMED AND CARRIED OUT BY THE DECLARANT. å 1.7 "Association Assessment" means the amounts which the
Association shall assess and collect from the Owners to pay the Common Expenses
and accumulate reserves for such expenses, as more fully described in Section
7. The Association Assessment does not include the Recreation Fee, which is
separate and apart from any assessment by the Association. å 1.8 "Association
Instruments" means this Declaration, the Articles of Incorporation and
By-Laws of the Association and any Rules and Regulations adopted by the
Association, as each may be amended from time to time. 1.9
"Board"
or "Board of Directors" means the duly elected or appointed Board of
Directors of the Association. UNTIL SUCH TIME AS THE ASSOCIATION HAS BEEN
RE-ACTIVATED, ALL RIGHTS AND OBLIGATIONS OF THE BOARD OF DIRECTORS SHALL BE
ASSUMED AND CARRIED OUT BY THE DECLARANT.
å 1.10 "By-Laws" means the By-Laws of the Beech Mountain Lakes
Association, as they may lawfully be amended from time to time. å 1.11 "Campground" means any such land and improvements which
has been platted as a campground on a recorded Plat and intended for camping
use as described in a declaration of covenants, and restrictions for such
campground recorded in the Office for Recording of Deeds, Luzerne County,
Pennsylvania. å 1.12 "Campground
Interest" means an undivided interest in a Campground or a membership
interest in a camping club for a Campground within the Development. 1.13 "Campsite"
means an area designated and marked for identification on the general plan of a
Campground, which is intended for occupancy and use for camping purposes in
accordance with the recorded covenants and restrictions for the Campground. 1.14 "Charge"
means the Association Assessment, the Community Assessment, any Special
Assessment, Personal Charges, the Recreation Fee and/or any other charges or
payments which an Owner is required to pay or for which an Owner is liable
hereunder. 1. 15 "Commercial
Lot" means any unimproved parcel of land owned by Declarant or an Owner
located within the Development which is designated by Declarant as a Commercial
Lot and is designed to accommodate public, commercial, or business enterprises
to serve the Development including but not limited to: business and
professional offices; facilities for the retail sale of goods and services;
social clubs; restaurants; theaters; lounges; and recreational facilities;
provided, however, that Commercial Lots shall not include any of the areas
within the legally described boundaries of a condominium, campground, subdivision
or planned development within the Development. A parcel of land meeting the
above criteria shall be deemed to be unimproved as a Commercial Lot until the
Improvements being constructed thereon are sufficiently completed for occupancy
so as to be defined as a Commercial Unit. 1.16 "Commercial
Unit" means any improved parcel of land owned by Declarant or an Owner
located within the Development which is designated by Declarant as a Commercial
Unit and is designed to accommodate public, commercial, or business enterprises
to serve the Development including but not limited to: business and
professional offices; facilities for the retail sale of goods and services;
social clubs; restaurants; theaters; lounges; and recreational facilities;
provided, however, that Commercial Units shall not include any of the areas
within the legally described boundaries of a condominium, campground,
subdivision or planned development within the Development. A parcel shall not
be deemed to be improved as a Commercial Unit until such time as the
Improvements being constructed on said parcel are sufficiently completed in
accordance with plans and specifications. 1.17 "Common
Areas" means those portions of the Development, which are specifically
designated as Common Areas in Exhibit A hereto, as Exhibit A may be amended or
supplemented from time to time, any real property which may be designated as a
Common Area on any Plat, and any other land deeded to and accepted by the
Association for use as Common Areas together with all improvements located
above and below the ground and rights appurtenant thereto. The Common Areas
shall generally include the roadways, bodies of water, open space, drives,
parking areas, walkways and green areas, but shall not include any Common
Areas, Units or the Sports Facilities. The Declarant may make any Common Area
subject to this Declaration pursuant to Section 4 hereof. å 1. 18 "Common Expenses" means and includes all expenses
incurred by the Association or its duly authorized agent for the operation,
maintenance, repair and replacement of the Common Areas and the operation and
administration of the Association as more fully described in Section 7.5
hereof. å 1.19 "Common
Surplus" means the excess of all amounts received by the Association,
including but not limited to charges and rents, profits, and revenues, if any,
over the Common Expenses. 1.20 "Community" means a portion of the Development which is
described and designated as a "Community" in Exhibit A hereto, as
Exhibit A may be amended or supplemented from time to time, and which shall
consist of Units and may (but need not) include one or more Community Common
Areas. Each Unit shall be part of a Community. Each Community shall be identified
on Exhibit A or on a recorded Plat. The Declarant may make Added Property, as
described in Section 2.1.2, part of an existing Community or may designate
Added Property as a new Community, as more fully described in Section 2. å 1.21 "Community
Assessment" means the amounts which the Declarant, the Community
Association or Association shall assess and collect from the Owners of Units
located within a particular Community to pay the Community Expenses and to
accumulate reserves for such expenses, as more fully described in Section 7.6. 1.22 "Community Association" means any association which is
duly formed under the laws of the Commonwealth of Pennsylvania for purposes of
administering any condominium, campground, subdivision or planned development
within the Development or upon recorded Plat in the Office for Recording of
Deeds, Luzerne County, Pennsylvania, as being a part of the Development, whose
members shall be Owners of Interests in the Community so described. 1.23 "Community
Common Area" means that portion of the Development, if any, which is a
part of a Community and which 15 described and designated as a "Community
Common Area" on a recorded Plat, together with all improvements thereon,
rights appurtenant thereto, and all personal property used in connection with
the operation thereof. A Community Common Area shall not be deemed, to be part
of the Common Areas. A Community Common Area shall be exclusively used by the
Owners of the Community of which it is a part. 1.24 "Community Declaration' means a declaration of covenants,
conditions and restrictions for a particular community which has been recorded
in the Office of Recording of Deeds, Luzerne County, Pennsylvania, as it may be
amended from time to time. 1.25 "Community
Expenses" means and includes all expenses incurred by a Community
Association or its duly authorized agent for the operation, maintenance, repair
and replacement of the Community Common Areas or the operation and
administration of the Community Association as more fully described in Section
7.6 of this Declaration and the Community Declaration. 1.26 "Declarant" means Beech Mountain Lakes Corporation, a
Pennsylvania corporation, or any assigns or successor in title, who comes to
stand in the same relation to the Development as Declarant, including, without
limitation, any party that acquires ownership of all Declarant's then remaining
Interests in the Development. å 1.27
"Declaration"
means this Declaration of Protective Covenants, Exceptions, Reservations and
Conditions for Beech Mountain Lakes, as it may be amended from time to
time. å 1.28
“Delegate” means an Owner in a particular
Community who shall be selected pursuant to the provisions of Section 6.6, to
represent that Community. After the Turnover Date, the Delegates shall be
entitled to vote at meetings of the members of the Association on behalf of the
members of their Community as more fully provided in Section 6.7 and shall elect
the members of the Board as provided in Section 6.9. å 1.29 "Development"
means all that real property situated in Luzerne County, Pennsylvania,
described in Exhibit A hereto together with all improvements thereon and rights
appurtenant thereto and any additions thereto as described in Section 2. 1.30 "Exchange
user" means any person who occupies a Unit committed to timesharing or a
campsite pursuant to a reciprocal exchange program approved by the Board of
Directors of the relevant Community Association. 1.31 "Improvements" means all buildings, outbuildings,
streets, roads, driveways, parking areas, fences, retaining and other walls,
docks, piers, hedges, poles, antennas and any other structures of any type or
kind located on real property within the Development. å 1.32 "Interest" means any ownership interest in the real
property of the Development as described in Exhibit A hereto, and all other
real property which may be annexed thereto, which has been recorded in the
Office for Recording of Deeds, Luzerne County, Pennsylvania, and, for purposes
of this Declaration, any ownership interest in a Membership Certificate
pertaining to a camping club or timesharing arrangement for the use of any
property within the Development, even though such Membership Certificate does
not constitute an interest in real property. Any reference herein to title to
an Interest shall be deemed to include the ownership interest in a Membership
Certificate. å 1.33 "Lot" means any numbered and lettered lot or tract on a
Plat, whether improved or unimproved, including, but not limited to a
Residential Lot or a Commercial Lot, except utility lots and other designated
and/or excluded lots, tracts or areas, as filed and recorded in the Office for
Recording of Deeds, County of Luzerne, Pennsylvania, and any revision
thereof. å 1.34 "Management
Agreement" means the then-effective agreement between the Association and
a Manager that provides for the management of the Common Areas. 1.35 "Manager" means the person or entity, its successors
and assigns, engaged by the Association to undertake the duties,
responsibilities, and obligations of managing the Common Areas, pursuant to the
then effective Management Agreement.
å 1.36 "Membership
Certificate" means the instrument under which a person is entitled to use
the facilities of a camping club or timesharing arrangement for the use of any
property within the Development, subject to the restrictions and limitations
contained therein and in this Declaration. 1.37 "Mortgagee
of Record" or "Mortgagee" means the holder of a bona fide first
deed of trust or a purchase money mortgagee, or equivalent security interest
covering a Unit, and its successors and assigns, provided that such interest is
evidenced by a written instrument which has been recorded in the Office for
Recording of Deeds, Luzerne County, Pennsylvania. For the purposes of this
Declaration only, the term Mortgagee of Record shall include any primary
secured party holding a security interest covering a Membership Certificate,
and its successors and assigns, provided that such security interest has been
filed of record in the Prothonotary's Office of Luzerne County, Pennsylvania. 1.38 "Owner"
means any person or legal entity, including Declarant, who holds fee simple
title to an Interest in real property Development or who holds an Interest in a
Membership Certificate pertaining to a camping club or timesharing arrangement
for the use of any property in the Development. Owner shall not mean or refer
to a Mortgagee of Record, its successors or assigns, unless or until such
Mortgagee of Record has acquired title pursuant to foreclosure proceedings or
by deed in lieu of foreclosure. Declarant shall be deemed to be the Owner of
any portion of the Development for which title has not been transferred to
another party. If any portion of the Development is subject to use under a camping
club or timesharing arrangement, Declarant shall be deemed the owner of any
Membership Certificates that have not been transferred to another party. All benefits, obligations, restrictions, or requirements
imposed hereby upon an Owner shall also be imposed upon any person using the
Development or occupying any Unit or Campsite in the Development pursuant to a
contract, lease, or agreement of any form or other arrangement with any Owner
or Resident, including Exchange Users and the guests, agents, licensees, or
invitees of any person owning, using, or occupying any portion of the
Development. å 1.39 "Personal
Charge' means a Charge as more fully described in Section 7.9, levied by the
Declarant, the Association or a Community Association against a particular
Owner for one of the reasons set forth herein. 1.40 "Plat"
means a final condominium, campground, subdivision or planned development map
with respect to the Development, duly recorded in the Office for Recording of
Deeds, Luzerne County, Pennsylvania, including any and all lawful additions or
revisions to said Plat. 1.41 "Recreation Fee" means the annual fee charged by the
Declarant for the use of the Sports Facilities, as more fully described in
Section 16.4. The Recreation Fee shall be separate and apart from any
Assessment by the Association or Community Association. All Owners are
obligated by the terms of this Declaration to pay the Recreation Fee, which fee
shall be a lien on each Owner's Interest.
å 1.42 "Resident" means an individual who resides in a Unit and
who is either the Owner, a tenant of the Owner, an Exchange User, a contract
purchaser of the Unit, or a relative of any such Owner, Exchange User, tenant
or contract purchaser. å 1.43 "Residential Dwelling Unit" means any Improvement to a
Residential Lot intended for use as a single family or multi-family residential
dwelling, including without limitation, any single family detached dwelling,
garden home, patio dwelling, condominium unit or townhouse unit, which
Improvement constructed thereon is sufficiently completed in accordance with
the plans and specifications therefore.
å 1.44 "Residential Lot"
means any unimproved parcel of land located within the Development which has
been platted into lots intended for use as sites for single family detached
dwellings, condominium units, townhouse units, garden home or patio dwelling as
described on a recorded Plat. A parcel of land meeting the above criteria shall
be deemed to be unimproved as a Residential Lot until the Improvements being
constructed thereon are sufficiently completed for occupancy so as to be
defined as a Residential Dwelling Unit.
å 1.45 "Rules and
Regulations" means written conditions governing use of the Common Areas or
Community Common Areas, established by the entity responsible for the
management and operation of such areas, as each may be amended from time to
time, which shall be binding on all Owners. 1.46 "Special Assessment" means an Assessment levied upon any
Owner in the event that the total of the Annual Assessments is inadequate to
meet the Common Expenses of the Association or the Community Association of
which the Owner is a member. å 1.47 "Sports Facilities" means the recreational facilities
owned and maintained by the Declarant in Exhibit B attached hereto and more
fully described in Section 16. All Owners are obligated to pay an annual
Recreation Fee that will entitle them to use the Sports Facilities. å
1.48 "Timesharing Unit Week" means a specified period each
year during which an Owner under a timesharing arrangement may use and occupy a
Unit, pursuant to the provisions hereof and of the Community Declaration for
the Community in which the timesharing arrangement is located. å 1.49 "Turnover Date" means the date on which the rights of
the Declarant to designate the members of the Association Board are terminated
under Section 11.3. 1.50 "Unimproved Land" means unimproved and developable land
owned by Declarant located within the Development which has not been subdivided
or platted of record as a Residential Lot, Commercial Lot or Campground or
which has not been improved as a Commercial Unit or Residential Dwelling Unit
and which is designated by Developer for residential, commercial or camping
development. Property shall be deemed Unimproved Land until such time as such
property is platted of record so as to constitute Residential Lots, a
Commercial Lot, or a Campground or until such time as Commercial Units,
Residential Dwelling Units and Campsites are sufficiently completed for
occupancy and use so as to be defined as a Commercial Unit, Residential
Dwelling Unit or Campsite. å 1.51 "Unit" means a Residential Lot, Commercial Lot,
Residential Dwelling Unit, Commercial Unit, Campsite or Lot as defined herein.
A unit shall include a subdivided Lot as shown on a recorded Plat,
except that, if with Association approval, a residential dwelling is
constructed on a parcel consisting of more or less than one lot, then the
parcel shall be deemed to be one Unit hereunder; a unit in a condominium
created under Pennsylvania law; or a unit in a cooperative housing association
created under Pennsylvania law. If a subdivided Lot or Lots that are Units
hereunder are made subject to a condominium declaration, then each condominium
unit created under the condominium declaration shall become a Unit hereunder
and the subdivided Lot or Lots shall no longer be deemed Units hereunder. If
portions of a subdivided lot or lots which are Units hereunder are deeded to and
accepted by a Community Association as a Community Common Area, then the said
portion shall be assessed to the appropriate Community and said portion shall
not be considered a Unit hereunder. å
1.52 "Warranty
Deed" means that certain instrument by which Declarant conveys one (1) or
more Interests in the Development together with any subsequent assignments
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