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

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Section 1.18. Dwelling Unit means any building or portion of a building (including a duplex structure) situated upon a Lot designed and intended for use and occupancy by a Single-Family and containing only one kitchen. References to a Residence or a Home refers to the Dwelling Unit on the Lot. Section 1.19. Improvement means all buildings, parking areas, fences, walls, hedges, plantings, poles, antennas, driveways, decks, signs, changes in any exterior color or shape, excavation and all other site work including without limitation grading, road construction, utility improvements, removal of trees or plantings and so forth, and any new exterior construction or exterior improvement which may not be included in the foregoing. "Improvement" does not include turf, shrub, or tree repair or replacement of a magnitude which does not change exterior colors or exterior improvements. "Improvement" does include both original improvements and all later changes and improvements. Section 1.20. Pualani Estates at Kona or any variation thereof means and refers to the real property, together with the Improvements and facilities thereon, described in Exhibit A to this Declaration and the Annexation Property described in Exhibit B. Section 1.21. Pualani Estates at Kona Association or Association or any variation thereof refers to the Pualani Estates at Kona Community Association. Section 1.22. Lot means any area of the Property which is designated as a lot on any subdivision map or file plan Recorded by or with the consent of Declarant, and classified or intended for residential use. Upon a permitted consolidation of two or more Lots, the term "Lot" shall mean the parcel consisting of the Lots so consolidated. Section 1.23. Lot Slope Area means and includes any portion of any residential lot within the Community having a grade of 3 feet/1 foot or more. Special limitations on the improvement of these portions of the Lots are set out in this Declaration and in the Design Guidelines. Section 1.24. RESERVED Section 1.25. Member means every Person who is entitled to membership in the Association, as provided in Section 8.1. Members include the Class "A" members and the Class "B" members, both defined in Article VIII. Section 1,26. Membership means a membership in the Association. Section 1.27. Mortgage means any Recorded or otherwise perfected instrument, which is not a fraudulent conveyance under Hawaii law, given in good faith and for valuable consideration as security for the performance of an obligation, including without limitation a deed of trust or agreement of sale, but shall not include any instrument creating or evidencing solely a security interest arising under the Hawaii Uniform Commercial Code (Hawaii Revised Statutes Ch. 490, as amended). First Mortgage means a Mortgage which is the first and most senior of all Mortgages upon the same property. Mortgagee means the holder of a note or interest secured by a Mortgage. First Mortgagee means the holder of a First Mortgage. Mortgagor means the party executing a Mortgage as obligor. Pualani Kona 10-9-03 22594-1741282690.9 Page 5