AgdaPkt 2011-09-12 - Laserfiche WebLink

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6. 1. F. - Page 16 to an Owner or the Association, (ii) any warranty or limited warranty provided to an owner or the Association, (iii) any manufacturer's warranty or manual provided to an owner or the Association, and (iv) commonly accepted maintenance practices of a prudent Owner or Association; provided, however, that maintain or maintenance shall not include repair and replace(ment) where the context or specific language of this Declaration provides another meaning. "Materially Damaged" shall mean and refer to any damage for which the cost of repair or reconstruction, as determined by bids solicited and obtained from at least two (2) licensed contractors selected by the Board, is equal to or greater than One Million Dollars ($1,000,000.00) as adjusted by a fraction whose numerator is the CPI last published as of the date of such damage or destruction and whose denominator is the CPI last published as of the date of recordation of this Declaration. "Member" shall mean and refer to each Owner holding a membership in the Association as herein provided. "Mortgage" shall mean and refer to a mortgage or a deed of trust encumbering a Condominium. "Mortgagee" shall mean and refer to a beneficiary of, or the holder of, a beneficial interest in a deed of trust as well as a mortgagee. "Mortgagor" shall mean and refer to a Person who encumbers their Condominium with a Mortgage or deed of trust. "Owner" or "Owners" shall mean and refer to the record holder or, if more than one, holders of title of a Condominium in the Development. This shall include any Person holding a fee simple title to any Condominium, including Declarant, but shall exclude certain contract sellers and Persons having any interest merely as security for the performance of an obligation. If a Condominium is sold in a recorded "real property sales contract ", as defined in Section 2985 of the California Civil Code, to a purchaser who resides in the Unit, the resident purchaser (rather than the contract seller who is the fee owner) shall be considered the Owner so long as that person resides in the Unit as a contract purchaser. "Parcel Map" shall mean and refer to the recorded final subdivision map for the Property as described in Recital A of this Declaration. "Parcel Map" or "Map" may also include any recorded parcel map or final map described in a Declaration of Annexation including any subsequently amended final maps, parcel maps or similar subdivision document. "Percentage Share" shall mean and refer to the percentage interest in and to the Building Common Area attributed to and appurtenant to each Unit, which is based upon the ratio of the square footage of the floor area of a Unit to the total square footage of the floor area of all Units in a Condominium Building, as such percentage is shown on the Condominium Plan. "Person" shall mean and refer to a natural person, a corporation, a partnership, a trustee or other legal entity. "Phase" shall mean an increment of the Development that is subject to this Declaration, including Phase 1, and any subsequent Phase or Phases that may be added to the Development by Annexation. The Property is intended to be developed in two or more Phases. "Phase F shall mean (i) those Condominium Units and Condominium Building shown on the Condominium Plan for Phase 1, and (ii) related Building Common Area and Association Common Area for Phase 1, as shown on the Condominium Plan for Phase 1 and as described in this Declaration. 0 CCRS -One Marina. docx