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4 <br />6557.03/12309 <br /> <br />“Budget” or “Association Budget” shall mean and refer to the pro forma operating budget <br />prepared by the Board pursuant to Article 4 of this Declaration and applicable provisions of the Bylaws. <br /> <br />“Building Common Area” shall be as defined in Section 2.2 of this Declaration, and as further <br />shown on the Condominium Plan. Building Common Area shall also mean that portion of the Property <br />described as Building Common Area in a Declaration of Annexation. <br /> <br />“Bylaws” shall mean and refer to the Bylaws of Blu Harbor Owners Association, as amended <br />from time to time. <br /> <br />“Common Area” shall mean and refer to the Association Common Area and Building Common <br />Area, as further described in Section 2.2 of this Declaration. Common Area shall also mean that portion <br />of the Property described as Common Area in a Declaration of Annexation. All Common Area shall be <br />divided into Association Common Area and Building Common Area; however, any reference in the <br />Condominium Documents to Common Area shall include both Association and Building Common Area <br />unless otherwise specified. <br /> <br />“Common Expenses” shall mean and refer to the actual and estimated expenses of operating the <br />Development and any reserve for such purposes as found and determined by the Board to be reasonable <br />together with all other sums designated common expenses by or pursuant to the Condominium <br />Documents. Reference is made to Article 4 of this Declaration for further details. <br /> <br />“Common Interest” shall mean and refer to the proportionate undivided interest in the Building <br />Common Area which is appurtenant to each Unit as set forth in this Declaration. <br /> <br />“Condominium” shall mean and refer to an estate in real property as defined in California Civil <br />Code Sections 783 and 4125, consisting of an undivided interest as tenant in common in all or any portion <br />of the Building Common Area together with a separate fee interest in a Unit and any other separate <br />interests in the Development as may be described in this Declaration, in the Condominium Plan or in the <br />deed conveying the Condominium. <br /> <br />“Condominium Building” or “Condominium Buildings” shall mean and refer to a structure(s) <br />containing Units. The Condominium Buildings include the Units and Building Common Area, but do not <br />include the land beneath and the airspace surrounding the Condominium Buildings, which shall be <br />Association Common Area. <br /> <br />“Condominium Documents” shall mean and refer to this Declaration, including the exhibits <br />attached hereto, the Articles, the Bylaws, any Declaration of Annexation, the Limited Warranty and any <br />Association Rules as may be established, as any of the foregoing may be restated, amended, modified or <br />supplemented from time to time. <br /> <br />“Condominium Plan” shall mean and refer to a diagrammatic floor plan depicting all Units <br />located in the Development or phase thereof, which identifies each Unit and establishes its dimensions <br />pursuant to Civil Code Sections 4120 and 4285. There may be one or more Condominium Plans for <br />Parcel 1, Parcel 2 and/or Parcel 3, and portion thereof or any Phase thereof. In the event the Parcel 1, <br />Parcel 2, Parcel 3 or portion thereof are further subdivided in Phases, then a separate Condominium Plan <br />may be utilized for each Phase. Condominium Plan shall also mean and refer to any such document <br />described as such in a Declaration of Annexation. Notwithstanding anything to the contrary in this <br />Declaration, the Condominium Plan (or multiple Condominium Plans) may be recorded against the <br />Property or portion(s) thereof subsequent to the recordation of this Declaration. The term “Condominium <br />7.1.K. - Page 8