Definitions
ARTICLE I
DEFINITIONS
The following words, when used in this Declaration, shall have the following meanings:
1.01 Association. "Association" means Reata Place Homeowners Association, Inc., a Texas non-profit corporation organized under the Texas Non-Profit Corporation Act, and the Association's successors and assigns.
1.02 Board. "Board" means the Board of Directors of the Association.
1.03 Bylaws. "Bylaws" means the Bylaws of the Association.
1.04 Commencement Date. "Commencement Date" means the date on which the first Residence (as hereinafter defined) is sold to a third party other than Declarant of the builder of such Residence.
1.05 Common Property. "Common Property" means all real property (together with any and all improvements now or hereafter located thereon) owned by the Association or in certain instance over which the Association has been granted permanent easements, for the common use and enjoyment of the Owners, as set out in Article II herein including all private streets, appurtenances, and common areas and facilities of the Subdivision.
1.06 Declarant. "Declarant" means Team Ranch Partnership, a Kansas general partnership qualified to do business in the State of Texas, and its successors and assigns, provided any such successors or assigns shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsold portionsof the real property described in Exhibit "A", or the real property which is intended to become part of the Subdivision, and provided further, in the instrument of conveyance to any such successor or assign, such successor or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon such designation of successor Declarant, all rights and obligations of the former Declarant in any to such status as "Declarant" hereunder shall cease, it being understood that as to all of the property described in Exhibit "A" attached hereto, and which is now or hereafter subjected to this Declaration, there shall be only one person or legal entity entitled to exercise the rights and powers of the "Declarant" hereunder at any one time.
1.07 Lot. "Lot" means any plot of land shown upon a subdivision plat recorded in the Plat Records of Tarrant County, Texas, covering any portion of the Property; provided, however, that no portion of the common Property shall ever be a Lot except as provided in Section 2.05.
1.08 Master Association. "Master Association" means Team Ranch Master Association, Inc., a Texas non-profit corporation organized under the Texas Non-Profit Corporation Act, and the Master Associations' successors and assigns.
1.09 Master Bylaws. "Master Bylaws" means the Bylaws of the Master Assocition and any amendments or successors thereto.
1.10 Master Development. "Master Development" means the property described in the Declaration of Covenants, Restrictions, and Easements (the "Master Declaration”) governed by the Master Association.
1.11 Member. "Member" means any member of the Association.
1.12 Membership. "Membership” means the collective total of all Members of the Association.
1.13 Occupant. "Occupant" means any person occupying all or any portion of a Residence located within the Subdivision for any period of time, regardless of whether such Person is a tenant, guest, or the Owner of the Residence.
1.14 Owner. "Owner" means the record owner (including Declarant), whether one or more persons or entities, of fee simple title to any Lot; provided, however, that where fee simple title has been transferred and is being held merely as security for the repayment of a loan, the person or entity who would own the Lot in fee simple if such loan were paid in full shall be considered the Owner.
1.15 Parcel. "Parce1” shall mean and refer to separately designated residential areas comprised of various types of housing initially or by annexation made subject to this Declaration. For example, and by way of illustration and not limitation, a condominium development, a townhouse development, an apartment complex, and a single family detached home subdivision may all be designated as separate Parcels. If Declarant desires separate Parcel status for a given residential area, the Declarant shall designate such area as a Parcel in an amendment to this Declaration. In the absence of speciiic designation of separate Parcel status, all property made subject to this Declaration shall be considered a part of the same Parcel. The Board may also grant Parcel status to any area if so requested in writing by the Owners holding at least seventy-iive percent (75%) ofthe total votes entitled to vote thereon in such area.
1.16 Property. "Property" means that certain real property described on Exhibit "A" attached hereto together with such additional real property as may be subjected to the provisions of this Declaration in accordance with the provisions of Article XII hereof.
1.17 Residence. “Residence” shall mean a Structure situated upon a Lot intended for independent use and occupancy as a residence for a single family. A Structure situated on a Lot shall not become a Residence until a certiiicate of occupancy shall have been issued by the appropriate govemmental authorities as a prerequisite to the occupancy of such Residence and until the Lot and Structure located thereon shall have been conveyed to a third party other than the builder thereof unless the builder intends to use the structure as his or her primary residence. The Owner of a Residence shall notify the Association or its designee immediately upon issuance of a certificate of occupancy for the Residence.
1.18 Restrictions. "Restrictions" means all covenants, restrictions, easements, charges, liens, and other obligations created or imposed by this Declaration.
1.19 Structure. “Structure" means:
(a) any thing or object the placement of which upon any Lot may affect the appearance of such Lot, including by way of illustration and not limitation, any building or part thereof garage, porch, shed, greenhouse or bathhouse, coop or cage, covered or uncovered patio, swimming pool, dock, fence, curbing, paving, wall, tree, shrub (and all other forms of landscaping), sign. signboard, temporary or permanent living quarters (including any house trailer), or any other temporary or permanent improvement to such Lot;
(b) any excavation, grading, fill, ditch, diversion dam, or other thing or device that affects or alters the natural flow of surface waters from, upon or across any Lot, or that affects or alters the flow of any waters in any natural or artificial creek, stream, wash, or drainage channel from, upon, or across any Lot; and
(c) any change in the grade at any point on a Lot of more than six (6) inches, whether or not subsection (b) of this Section 1.19 applies to such change.
1.20 Subdivision—Wide Standard. "Subdivision-Wide Standard” shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Subdivision. Such standard may be more specifically determined by the Board and by committees required or permitted to be established pursuant to the Declaration and Bylaws. Such determination, however, must be consistent with the Subdivision-Wide Standard originally established by the Declarant.