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Association to the Owners; or (iii) the date on or after the fifth (5th) anniversary of <br /> the recording of this Declaration, provided the Declarant may retain architectural <br /> control over its Units beyond the period of Declarant Control, as long as it owns a <br /> Unit. <br /> 1.10 "Dwel in2" shall mean a building designed and intended for occupancy as a <br /> single family residence, and located within the boundaries of a Unit. The <br /> Dwelling includes any garage attached thereto or otherwise within the boundaries <br /> of the Unit in which the Dwelling is located. <br /> 1.11 "Eligible Mortmee" shall mean any Person owning a mortgage on any Unit, <br /> which mortgage is first in priority upon foreclosure to all other mortgages that <br /> encumber such Unit, and which has requested the Association, in writing, to <br /> notify it regarding any proposed action which requires approval by a specified <br /> percentage of Eligible Mortgagees. <br /> 1.12 "Governing Documents" shall mean this Declaration, and the Articles of <br /> Incorporation of the Association, Bylaws of the Association and Rules and <br /> Regulations of the Association, as amended from time to time, all of which shall <br /> govern the use and operation of the Property. <br /> 1.13 "Homebuilder" shall mean and refer to a licensed residential building contractor <br /> approved by Declarant, who has purchased one or more Units for purposes of <br /> resale of the Unit containing a completed Dwelling, and not for personal use by <br /> the contractor. <br /> 1.14 "Improvement" shall mean and refer to all structures or improvements of any <br /> kind located on the Property, including without limitation any building, wall, <br /> fence, sign, shed, screen enclosure or screening, utilities system, communications <br /> system, security system, driveway, roadway decorative structure, planting, <br /> landscape, grading or any other type of structure or physical improvement <br /> whether the purpose is decorative or otherwise and any additions or changes <br /> thereto. <br /> 1.15 "Irrigation System" shall mean and refer to a shared community landscape <br /> irrigation system, located on the Common Elements and within the Irrigation <br /> Easement, that may service the Units and the Common Elements, and which may <br /> include, but is not limited to, wells, pumps, filtrations systems, electrical power, <br /> housing, irrigation lines, and sprinkler heads. <br /> 1.16 "Limited Assessment" shall mean and refer to an Assessment levied by the <br /> Association against fewer than all of the Units in the Association pursuant to <br /> Section 6.1, below. <br /> 1.17 "Limited Common Elements" Limited Common Elements include: 1) portions <br /> of the Common Elements that are designated for the exclusive use of the Unit <br /> 3 <br /> Version for Council 05/22/2019 <br />