I. A. "Act" shall mean and refer to the Indiana Nonprofit Corporation Act of 1991, as amended, or any successor act.
I. B. "Annual Assessment" amount to be paid to the Association by each Owner annually.
I. C. "Articles" shall mean and refer to the Articles of Incorporation of the incorporated Association, as the same may be amended from time to time.
I. D. "Assessments" collectively referring to Annual Assessments, Lot Assessments and Special Assessments.
I. E. "Association" Burton Crossing Home Owners Association, Inc., an Indiana non-profit corporation, its successors and assigns.
I. F. "Association Documents" the articles of incorporation, by-laws, code of regulations and any and all procedures, rules, regulations or policies adopted by the Association or a Committee charged with such regulation by this Declaration.
I. G. "Board" the board of trustees or directors of the Association.
I. H. "By-Laws" shall mean and refer to the Code of By-Laws of the incorporated Association, as the same my be amended from time to time.
I. I. "Common Expenses" expenses incurred in the administration, upkeep and maintaining the Common Property including, but not limited to, the payment of property taxes and other assessments.
I. K. "Developer" Burton Crossing LLC and any manager, general partner, shareholder, successor or assign thereof to which Developer specifically assigns any of its rights under this Declaration by a written instrument.
I. L. "Improvements" all buildings and garages; overhead, aboveground and underground installations, including without limitation, utility facilities and systems, lines, pipes, wires, towers, cables, conduits, poles, antennae and satellite dishes, flagpoles; swimming pools and tennis courts; slope and drainage alterations; roads, driveways, uncovered parking areas and other paved areas; fences trellises, walls, retaining walls, exterior stairs, decks, patios and porches and all other structures of every type.
I. M. "Lot" a discrete parcel of real property identified upon the recorded subdivision plat of the Property, or recorded re-subdivision thereof and any other discrete parcel of real property designated by Developer, excluding the Common Property and any portion of the Property dedicated for public use.
I. N. "Lot Assessment" an assessment that the Board may levy against one or more Lots to reimburse the Association for cost incurred on behalf of those Lot(s), including without limitation, cost associated with making repairs that are the responsibility of the Owner of those Lots; cost of additional insurance premiums specifically allocable to an Owner; costs of any utility expenses chargeable to an Owner but not separately billed by the utility company; and all other charges reasonably determined to be a Lot Assessment by the Board.
I. O. "Manager" the person or entity retained by teh Board to assist in the management of the Association as set forth in Article IV, Paragraph F.
I. P. "Member" any person or entity entitled to membership in the Association, as provided for in Article III.
I. Q. "Owner" the record owner, whether one or more persons or entities, of fee simple title to a Lot, including contract sellers, but excluding those having an interest as security for performance of any obligation and also excluding the Developer.
I. R. "Person" shall mean and refer to an individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
I. S. "Plat" shall mean and refer to the subdivision plat or plats of the Real Estate recorded in the Office of the Recorder of Marion County, Indiana, as the same my be hereafter amended or supplemented.
I. T. "Property" all of the real property described in Exhibit "A" attached hereto and such additional property as may be annexed by the amendment to this Declaration, or that is owned in fee simple by the Association, together with all easements and appurtenances.
I. U. "Reserve Fund" the fund established pursuant to Article V.
I. V. "Restrictions" shall mean and refer to the agreements, covenants, conditions, restrictions, easements, assessments, charges, liens and all other provisions set forth in this Declaration, as the same may be amended from time to time.
I. W. "Rules" the rules and regulations governing use of the Property and the Common Proprety, as may be established by the Board from time to time pursuant to Article IV.
I. X. "Special Assessment" as assessment levied by the Association against all Lots pursuant to Article V or at a special meeting of the Members of the Association to pay for capital expenditures or interest expense on indebtedness incurred for the purpose of making capital expenditures and not projected to be paid out of the Reserve Fund.
I. Y. "State" the State of Indiana.
I. Z. "Turnover Date" the date described in Article V, Paragraph C.
I. AA. "Zoning Commitments" shall mean and refer to the written commitments, as amended and/or modified, heretofore entered in connection with zoning of the Real Estate to the D-2 residential classification, in Case No. 99-Z-190; which said zoning commitments are recorded as Instruments No. _____________ in the Office of the Recorder of Marion County, Indiana; and subsequently modified in Case No. 2001-APP-097, such commitments being incorporated herein by reference, as the same may hereafter be amended in accordance with their terms.