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

Home

Section 1.28. Occupant means any Person, other than an Owner, in rightful possession of any portion of the Property, whether as a guest, tenant or otherwise. Section 1.29. Owner or Homeowner means the Record owner, whether one or more Persons, of fee simple title, whether or not subject to any Mortgage, to any Lot, including contract purchasers, but excluding those having such interest merely as security for the performance of an obligation. If a Lot is sold under a Recorded agreement of sale, or is leased for a term of thirty or more years under a Recorded lease, the purchaser or lessee (rather than the fee owner) will be considered the Owner. For purposes of limitations and restrictions set forth in Articles IV, V and VI, the term "Owner' shall not include Declarant with respect to any Lots owned by Declarant. Section 1.30. Parking Strip refers to the land area, if any, together with the landscaping thereon, either; (a) between the front (Road-side) boundary of Lots and the Road and/or(b) between the sidewalk and curb or Road. Section 1.31. Person means a natural person, a corporation, a partnership, a trustee or other entity capable of holding title to real property, and such holder's respective heirs, personal representatives, successors and assigns. Section 1.32. President means the duly elected or appointed president of the Association. Section 1.33. Property means the real property described in Exhibit A attached hereto and any additional real property made subject to this Declaration by Annexation pursuant to Article XV but only after completion of such annexation, together with all Improvements now or hereafter located thereon, and all easements, rights, appurtenances and privileges belonging or in any way pertaining thereto. Reference to an Owner's Property, where the context requires, refers to the Owner's Lot and associated Improvements, including without limitation the Home situate on the Lot. Section 1.34. Record, Recorded, Recording, Recordation or a like reference means an instrument of record in, or the act of recording or filing or having recorded or filed an instrument with the Assistant Registrar of the Land Court of the State of Hawaii ("Land Court") or the Bureau of Conveyances ("Bureau") and/or the Department of Commerce and Consumer Affairs of the State of Hawaii, as appropriate. Section 1.35. Road or Roadway means any paved vehicular right-of-way constructed within or upon any portion of the Property (other than Lots) for the purpose of providing access to Lots and includes the Community Access Roads. Section 1.36. Single-Family means (i) a group of one or more persons each related to the other by blood, marriage or legal adoption; and/or (ii) a group of no more than five unrelated adult natural Persons who maintain a common household in a Dwelling Unit. Section 1.37. Supplemental Declaration means a declaration containing covenants, conditions, restrictions, assessments, charges, servitudes, liens, reservations and/or easements, or similar instrument supplementing or amending this Declaration as it relates to all or any portion of the Property or the Annexation Property, which is Recorded from time to time in accordance with this Declaration. Pualani Kona 10-9-03 Page 6 22594.174/282690.9