07-15-2022 Applicant Response to Hualalai Comm. Assoc. Testimony (REMAND SPP-16-188)

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Section 1.5. Association Rules means the rules and regulations, if any, adopted by the Association pursuant to Section 7.5. Section 1.6. Board of Directors or Board means the board of directors of the Association. Section 1.7. Bylaws refer to the Bylaws of the Association adopted or to be adopted in accordance with the Articles, as amended from time to time, or of any successor thereto. Section 1.8. Common Area is an inclusive term referring to both general common area and limited common area. Area of Common Responsibility refers to the Common Areas and those areas or matters, which by the terms of this Declaration, any Supplemental Declaration or other applicable covenant, contract or agreement, the Association is responsible for maintaining, managing and/or operating. The term includes, without limitation, the property to be maintained by the Association pursuant to Article V of this Declaration. The Area of Common Responsibility and Common Areas are described as the common elements in Declarant's limited warranty, The Common Area includes each of the following items without limitation of those other items identified in this Declaration: (1) Entrance Landscape and Sign Monument Area means and describes the landscaped median, if any, within the Community Access Road intersecting with Queen K Highway shown on the Subdivision Map as well as the sign monument and landscape features constructed in the setback areas affecting those lots and shown on the Subdivision Map. Sometimes these features are described as the Entrance Landscape Area. (2) Roadway Landscape Corridor or Corridors which include certain landscape areas within the roadway "setback" area adjacent to the paved portion of the Community Access Road. (3) Community Access Road(s) means and describes the "Entrance Road" (Lot 132, File Plan 2352) and the roads serving the Community, which will be included in the Community Common Area until dedicated to the County, if at all. (4) Common Drainage Facilities means and describes those facilities, together with all inlets and outlets thereto, serving to control and direct the drainage of surface water within the Community, including without limitation those facilities shown on the Subdivision Map. (5) Community Water Facilities means and describes the those source, storage and transmission facilities designed to provide potable water to Homes in the Community and to provide irrigation water for yard and common area landscaping, if any. These facilities, although the administration and control of the facilities may be the responsibility of others, may be included in the Community Common Area if not dedicated to the County. (6) Common Utility Facilities means and describes those sewer facilities, together with all inlets and outlets thereto, serving to control and direct the sewage, electrical, cable and other utility services to, from and within the Community, including without Pualani Kona 10-9-03 22594-174/282690.9 Page 2