For purposes of this Declaration, the following definitions shall apply:
(a) “Board” means the Board of Directors of the Homes Association.
(b) “Certificate of Substantial Completion” means a certificate executed, acknowledged and recorded by the Developer with the Recording Office stating that all of the Lots in the Subdivision (as then contemplated by the Developer) have been sold by the Developer and the residences to be constructed thereon are substantially completed; provided, however, that the Developer may execute and record a Certificate of Substantial Completion or similar instrument in lieu thereof in Developer’s absolute discretion at any earlier time and for any limited purpose hereunder. The execution or recording of a Certificate of Substantial Completion shall not, by itself, constitute an assignment of any of the Developer’s rights to the Homes Association or any other person or entity.
(c) “City” means the City of Olathe, Kansas.
(d) “Common Areas” means (i) any entrances monuments, berms, street islands, and other similar ornamental areas and related utilities, lights, sprinkler systems, trees and landscaping constructed or installed by or for the Developer or the Homes Association at or near the entrance of any street or along any street, and any easements related thereto, in the Subdivision, (ii) all platted landscape easements and all other landscape easements that may be granted to the Developer and/or the Homes Association, for the use, benefit and enjoyment of all Owners within the Subdivision, and (iii) all other similar areas and places, together with all improvements thereon and thereto, the use, benefit or enjoyment of which is intended for all of the Owners within the Subdivision.
(e) “Declaration” means this instrument, as the same may be amended, supplemented or modified from time to time.
(f) “Developer” means Austin Meadows, LLC, a Kansas limited liability company, and its successors and assigns.
(g) “Homes Association” means the Kansas not-for-profit corporation to be formed by or for the Developer for the purpose of serving as the homes association for the Subdivision.
(h) “Lot” means any lot as shown as a separate lot on any recorded plat of all or part of the Subdivision; provided, however, that if an Owner, other than the Developer, owns adjacent lots (or parts thereof) upon which only one residence has been, is being. or will be erected, then (i) for purposes of determining the amount of periodic and special assessments due with respect thereto from time to time, such adjacent property under common ownership shall constitute such whole or partial number of Lots as may be specified in writing by the Developer, and (ii) for all other purposes hereunder, such adjacent property under common ownership shall be deemed to constitute only one “Lot.”
(i) “Owner” means the record owner(s) of title to any Lot, including the Developer.
(j) “Recording Office” means the Office of the Register of Deeds of Johnson County, Kansas.
(k) “Subdivision” means collectively all of the above lots in Austin Meadows, all Common Areas, and all additional property which hereafter may be made subject to this Declaration in the manner provided herein.
(l) ‘Turnover Date” means the earlier of: (i) the date as of which 90% of all of the Lots in the Subdivision (as then contemplated by the Developer) have been sold by the Developer and the residences have been constructed thereon, or (ii) the date the Developer, in its absolute discretion, selects as the Turnover Date for all or any specific portion of this Declaration.