Article I - Definitions


  • Section 1.1 - ANNUAL MAINTENANCE ASSESSMENT - The assessment made and levied by the Association against every Owner and their Lot in accordance with the provisions of this Declaration.
  • Section 1.2 - ARCHITECTURAL CONTROL COMMITTEE - The Architectural Control Committee established and empowered in accordance with Article V of this Declaration.
  • Section 1.3 - ARCHITECTURAL GUIDELINES - Guidelines adopted by the Architectural Control Committee, pursuant to
  • Section 5.3, relating to the nature, kind, shape, color, size, materials and location of improvements on a Lot and any modifications of such improvements.
  • Section 1.4 - ARTICLES OF INCORPORATION - The Articles of Incorporation of the Association.
  • Section 1.5 - ASSESSMENT - Any Annual Maintenance Assessment, Special Assessment andlor Reimbursement Assessment.
  • Section 1.6 - ASSOCIATION - Bellaire West Community Improvement Association, Inc., a Texas non-profit corporation, its successors and assigns.
  • Section 1.7 - BOARD or BOARD OF DIRECTORS - The Board of Directors of the Association as elected in accordance with the Articles of Incorporation and the Bylaws.
  • Section 1.8 - BYLAWS - The Bylaws ofthe Association
  • Section 1.9 - COMMON AREA - All real property owned by the Association for the common use
    and benefit of the Members of the Association.
  • Section 1.10 - DECLARATION - The covenants, conditions, restrictions, easements, reservations and stipulations that shall be applicable to and govern the improvement, use occupancy, and conveyance of all the Lots in the Subdivision set out in this instrument or any amendment thereto.
  • Section 1.11 - EASEMENT - The various utility, maintenance, and other easements of record, shown on the Plat or created or referenced to in this Declaration.
  • Section 1.12 - EFFECTIVE DATE - The date this Declaration is filed of record in the Official Public Records of Real Property of Harris County, Texas.
  • Section 1.13 - LOT OR LOTS - Each of the Lots shown on the Plat, excluding any Reserves. Excluding their usage in Articles VI and VII, the terms "Lot" or "Lots" shall also include any Lot or Lots re-subdivided into one building site, pursuant to
  • Section 4.5;
    the terms "Lot" or "Lots" as used in Articles VI and VII shall only refer to the Lots depicted on the Plat or any replat thereof.
  • Section 1.14 - MAINTENANCE FUND - Any accumulation of Annual Maintenance Assessments collected by the Association in accordance with the provisions of this Declaration and interest, penalties, assessments and other sums and revenues collected by the Association pursuant to the provisions of this Declaration.
  • Section 1.15 - MAJORITY OF THE MEMBERS - Fifty percent (50%) plus one (1) of the Members present and voting, in person or by proxy, at a meeting of the Members at which a Quorum is present
  • Section 1.16 - MEMBER or MEMBERS - All Lot Owners who are Members of the Association as provided in Article VI of this Declaration.
  • Section 1.17 - MEMBER IN GOOD STANDING - A Lot Owner who is a Member of the Association as provided in Article VI of this Declaration and (1) is not delinquent in the payment of any Assessment levied against hisher Lot, and (2) is not in violation of any provisions of this Declaration that has progressed to the stage of a certified demand for compliance.
  • Section 1.18 - MORTGAGE - A security interest, mortgage, deed of trust, or lien instrument granted by an Owner to secure the payment of a loan made to such Owner, duly recorded in the Official Public Records of Real Property of Hams County, Texas, and creating a lien or security interest encumbering a Lot and some or all improvements thereon.
  • Section 1.19 - OCCUPANT VEHICLES - Vehicles that are parked on a Lot or street adjacent to a Lot for four (4) or more hours per day, four (4) or more days in any seven (7) day period. Occupant Vehicles may not be vehicles defined as prohibited or stored vehicles, pursuant to Section 3.4.
  • Section 1.20 - OWNER or OWNERS - Any person or persons, firm, corporation or other entity or any combination thereof that is the record owner of fee simple title to a Lot, including contract sellers, but excluding those having an interest merely as a security for the performance of an obligation.
  • Section 1.21 - PLAT or PLATS - The official plats of Bellaire West, Sections One (1) through Eight (8). filed of record in the Map Records of Harris County, Texas and any replats thereof,
  • Section 1.22 - PRIOR RESTRICTIONS - The covenants, conditions and restrictions applicable to Bellaire West, Section One (1) through Eight (a), which were in effect prior to the effective date of this Declaration,
  • Section 1.23 - QUORUM - The number of Members required to be in attendance, either in person or by proxy, at a meeting of the Members in order to transact business. Quorum for meetings of the Members shall be as set forth in the Bylaws of the Association, unless otherwise specified in this Declaration.
  • Section 1.24 - REIMBURSEMENT ASSESSMENT - A charge against a particular Owner and his Lot for the purpose of reimbursing the Association for expenditures and other costs of the Association incurred in curing any violation directly attributable to the Owner, for any violation of this Declaration, the Articles of Incorporation, Bylaws, Architectural Guidelines, or any Rules and Regulations, pursuant to Section 7.7 hereof.
  • Section 1.25 - RESERVE(S) - The Reserve(s) as shown on the Plat, if any,
  • Section 1.26 - RESIDENTIAL DWELLING - The single-family residence constructed on a Lot.
  • Section 1.27 - SUBDIVISION - All of Bellaire West, Sections One (1) through Eight (S), together with all Common Area.

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