Article I – Definitions

Section 1. “Architectural Review Committee” shall mean a committee of not less than three, nor more than five, individuals selected by the Association’s Board of Directors to review plans and specifications as provided in Article IX hereof and to make the determinations provided in said Article. Until January 1, 2000, a committee of not less than three, nor more than five, individuals appointed by the Declarant unless the Declarant by written recorded document has assigned its rights under this Section 1 to the Association, shall exercise all of the rights and responsibilities herein set forth to be performed by the Architectural Review Committee..

Section 2. “Association” shall mean and refer to the Hawk Crest Property Owners Association, Inc., a North Carolina non‑profit corporation, formed or to be formed, its successors and assigns.

Section 3. “Beverly Crest Property” shall mean the real property described on Exhibit A to the Master Declaration, which real property is being developed by Declarant as a multi‑use community known as “Beverly Crest.”

Section 4. “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the Owners and designated as “Common Open Space” or “Common Area” shown on any plat of the Property duly recorded in the Mecklenburg County Public Registry and made subject to the provisions of this Declaration.

Section 5. “Declarant” shall mean and refer to Beverly Crest Limited Partnership, a North Carolina limited partnership, and those of its successors and assigns, if any, to whom the rights of Declarant hereunder are specifically transferred by written instrument, subject to such terms and conditions as the Declarant may impose. Upon any transfer by Declarant of any or all of its Declarant rights and obligations hereunder, Declarant shall be relieved of any and all liabilities with respect to the rights and obligations so transferred. In no event shall any of the limited or general partners or Declarant be held personally liable for the performance or any of the obligations of Declarant hereunder.

Section 6. “Designated Maintenance Items” shall mean ally brick or stone wall constructed by Declarant on any portion of the Property, any private sanitary sewer/water lines located within any sanitary sewer easements shown on any recorded plat of all or any portion of the Property, public drainage casements shown on any recorded plat of all or any portion of the Property, sprinkler and irrigation systems within the rights‑of‑way of public streets located within the Property and the following items located within any Landscape and Easement Areas, Common Area Access Easement, Common Areas or Common Open Spaces as shown on any recorded plat of all or any portion of the Property:

(a)         Plants and landscaping (including, but not limited to, trees, hedges, shrubs, flowers, ground cover and grass) and including plants and landscaping within the rights‑of‑way of public streets located within the Property.

(b)        Light poles, fixtures, bulbs, traffic signals, wiring and all equipment related to the use thereof.

(c)         Decorative and screening walls, retaining walls, benches, steps and walking paths.

(d)        Signs, flag poles, flags, banners and seasonal decorations.

(e)       Arbors, trellises, gazebos, pergolas, rose arches and similar structures.

(f)        Fences and brick or stone walls.

(g)       Sprinkler and irrigation systems, if any, (including water meter vaults and water meters used in connection with such systems) and including sprinkler and irrigation systems (if any) within the rights‑of-­way of public streets located within the Property.

(h)         Water lines and sewer lines and all fixtures related thereto not maintained by the Charlotte Mecklenburg Utility Department or other appropriate governmental authority.

(i)          Public drainage casements.

Section 7. “Home Site” shall mean and refer to any numbered plot of land, with delineated boundary lines, shown upon any recorded subdivision map of the Property with the exception of any Common Area, Common Open Space, and Master Association Common Areas. In the event any Home Site is increased or decreased in size by Declarant by resubdivision, through recordation of a new subdivision plat, any such newly platted Home Site shall thereafter constitute a Home Site for the purposes of this Declaration.

Section 8. “Institutional Lender” shall mean any life insurance company, bank, savings and loan association, trust, real estate investment trust, pension fund, the Declarant, in the event it makes loans secured by Home Sites, or other organization or entity which regularly makes loans secured by real estate, which has made a loan secured by a Horne Site.

Section 9. “Landscape and Easement Areas” shall be those areas designated as Landscape and Easement Areas on maps of portions of the Property, presently or hereinafter recorded.

Section 10. “Master Association” shall mean and refer to Beverly Crest Master Association, Inc. a North Carolina non‑profit membership corporation, its successors and assigns, formed for the purpose of maintaining all landscaping, lawns, trees, decorative lighting, sprinkler systems and other improvements located (a) within the rights‑of‑way of public streets within the Beverly Crest Property (including property in medians and entrances); (b) designated as “Master Association Landscape and Easement Areas” on any maps of portions of the Beverly Crest Property, presently or hereinafter recorded and (c) designated as “Master Association Common Areas” on any maps of portions of the Beverly Crest Property, presently or hereinafter recorded, all as more particularly described in the Master Declaration.

Section 11. “Member” shall mean and refer to the Owners, including Decrement, and every person or entity holding membership in the Association.

Section 12. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Home Site which is a part of the Property, including contract sellers and owners of an equity of redemption, but excluding those having such interest in a Home Site solely as security for the performance of an obligation.

Section 13. “Master Declaration” shall mean the Declaration of Covenants, Conditions and Restrictions for Beverly Crest recorded in Book 6940, at Page 278 of the Office of the Register of Deeds of Mecklenburg County, North Carolina, as amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions for Beverly Crest recorded in Book 7378, Page 35 of said Office of the Register of Deeds, as further amended by that certain Second Amendment to Declaration of Covenants, Conditions and Restrictions for Beverly Crest recorded in Book 7901, Page 826 of said Office of the Register of Deeds, as supplemented by that certain Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions for Beverly Crest recorded in Book 7901, Page 812 of said Office of the Register of Deeds, together with any subsequent amendments and supplements thereto.

Section 14. “Property” shall mean and refer to the “Property” described in Article 111, Section I hereof.

Section 15. “Common Area Access Easement” shall be those areas, if any, designated as Common Area Access Easements on maps of portions of the Property presently or hereinafter recorded.