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

Home

Section 1.10. Community means the planned development created by and subject to this Declaration consisting of the Property and all of the Improvements now or hereafter located thereon as described in this Declaration and any Supplemental Declarations. This Community may be developed in multiple increments and may include the Annexation Property described at Article XV. Section 1.11. Community-Wide Standard means the standard of conduct, construction, maintenance, repair or other activity generally prevailing throughout the Property. Such standard may be more specifically determined and set forth by the Board and the Design Review Committee. Section 1.12. Declarant means Schuler Homes, and its successors or assigns. A person or entity shall be deemed a successor and assign of Declarant if a successor by merger and otherwise only if specifically so designated in a duly Recorded written instrument as a successor or assign of Declarant under this Declaration and/or under any Supplemental Declaration and shall be deemed a successor and assign of Declarant only as to the particular rights or interests of Declarant under this Declaration or under such Supplemental Declarations which are specifically designated in the Recorded written instrument. Any such instrument may include only specific rights of Declarant hereunder and be subject to such conditions and limitations as Declarant may impose in its sole and absolute discretion. Section 1.13. Declarant Control Period is defined in Section 7.3. Section 1.14 Declarant's Limited Warranty is defined at Article V and describes that express limited warranty by Declarant in favor of the Association and the Owners, which is conditioned on appropriate regular and routine maintenance, inspection and repair of the common elements by the Association and the Property by the Owner, that the construction of the Common Area, with respect to the Association and the Property, with respect to an Owner, has been completed in general conformity with approved plans and specifications, subject to appropriate or required field changes (Declarant's performance standards) and provides coverage for Construction Defects defined in the limited warranty. The exact terms of this limited warranty are set forth in Exhibit C and only those items described in the limited warranty are covered by the limited warranty, notwithstanding anything to the contrary contained in this Declaration. The limited warranty shall be administered by Professional Warranty Service Corporation ("PWC"), as Declarant's administrator. Other than the Declarant's limited warranty and the Declarant's Customer Care Program, which is also defined at Article V, Declarant is making no other representations, promises, or warranties of any kind, including, without limitation, any express or implied warranties of merchantability, habitability, quality of construction, or fitness for a particular purpose with respect to the Property, the Residence, or the Community. Section 1,15. Declaration means this instrument, as it may be from time to time supplemented or amended in accordance with this Declaration. Section 1.16. Design Guidelines are defined in Section 6.2. Section 1.17. Development Plan means the land use plan(s) for the Community, or portions thereof, as may be established and amended from time to time by Declarant. Pualani Kona 10-9-03 22594-174/282690.9 Page 4