1	.	0	Definitions
1	.	1	Advisory Board
1	.	2	ACC
1	.	3	Articles of Incorporation
1	.	4	Annual Assessment
1	.	5	Assessments and Other Charges
1	.	6	Association
1	.	7	Association Assessment
1	.	8	Association Instruments
1	.	9	Board of Directors
1	.	10	By-Laws
1	.	11	Campground
1	.	12	Campground Interest
1	.	13	Campsite
1	.	14	Charge
1	.	15	Commercial Lot
1	.	16	Commercial Unit
1	.	17	Common Areas
1	.	18	Common Expense
1	.	19	Common Surplus
1	.	20	Community
1	.	21	Community Assessment
1	.	22	Community Association
1	.	23	Community Common Area
1	.	24	Community Declaration
1	.	25	Community Expenses
1	.	26	Declarant
1	.	27	Declaration
1	.	28	Delegate
1	.	29	Development
1	.	30	Exchange User
1	.	31	Improvements
1	.	32	Interest
1	.	33	Lot
1	.	34	Management Agreement
1	.	35	Manager
1	.	36	Membership Certificate
1	.	37	Mortgagee of Record
1	.	38	Owner
1	.	39	Personal Charge
1	.	40	Plat
1	.	41	Recreation Fee
1	.	42	Resident
1	.	43	Residential Dwelling Unit
1	.	44	Residential Lot
1	.	45	Rules and Regulations
1	.	46	Special Assessment
1	.	47	Sports Facilities
1	.	48	Timesharing Unit Week
			Turnover Agreement
1	.	49	Turnover Date
1	.	50	Unimproved Land
1	.	51	Unit
			Unit II
			Unit II Community Declarations
å

 

I.    DEFINITIONS

 

The following terms as used in this Declaration, unless the context otherwise expressly provides or requires, are defined as follows:

 

1.1   "Advisory Board" means an Advisory Board composed of the three (3) Delegates from each Community. The Advisory Board shall be formed to meet, prior to the Turnover Date, from time to time, to resolve issues arising between the Declarant or any committee formed by the Declarant and any Community Association or the Owners in a Community which has no Community Association.     å

 

1.2   "Architectural Control Committee" or "ACC" means the committee empowered with the authority to approve and disapprove all places for buildings, structures and any improvements whatsoever.      å  

 

1.3   “Articles of Incorporation" means the Articles of Incorporation of the Beech Mountain Lakes Association, Inc., as they may lawfully be amended from time to time.

 

1.4   "Annual Assessment" means the amount levied annually upon any Owner, which includes, but is not limited to, a Community Assessment and an Association Assessment.     å

 

1.5   "Assessment" means any amount which, from time to time, is levied as permitted by this Declaration or a Community Declara­tion, by the Declarant, the Board of Directors of the Association or the Board of Directors of a Community Association, upon any Owner, including, but not limited to the Annual Assessment and Special Assessments.     å

 

1.6 "Association" means the Beech Mountain Lakes Associa­tion, the association of all property owners of Beech Mountain Lakes development. UNTIL SUCH TIME AS THE ASSOCIATION IS RE­ACTIVATED, ALL RIGHTS AND OBLIGATIONS OF THE ASSOCIATION SHALL BE ASSUMED AND CARRIED OUT BY THE DECLARANT.     å

 

1.7  "Association Assessment" means the amounts which the Association shall assess and collect from the Owners to pay the Common Expenses and accumulate reserves for such expenses, as more fully described in Section 7. The Association Assessment does not include the Recreation Fee, which is separate and apart from any assessment by the Association.     å

 

1.8  "Association Instruments" means this Declaration, the Articles of Incorporation and By-Laws of the Association and any Rules and Regulations adopted by the Association, as each may be amended from time to time.

 

1.9               "Board" or "Board of Directors" means the duly elected or appointed Board of Directors of the Association. UNTIL SUCH TIME AS THE ASSOCIATION HAS BEEN RE-ACTIVATED, ALL RIGHTS AND OBLIGATIONS OF THE BOARD OF DIRECTORS SHALL BE ASSUMED AND CARRIED OUT BY THE DECLARANT.      å

 

1.10    "By-Laws" means the By-Laws of the Beech Mountain Lakes Association, as they may lawfully be amended from time to time.     å

 

1.11    "Campground" means any such land and improvements which has been platted as a campground on a recorded Plat and intended for camping use as described in a declaration of covenants, and restrictions for such campground recorded in the Office for Recording of Deeds, Luzerne County, Pennsylvania.     å

 

1.12    "Campground Interest" means an undivided interest in a Campground or a membership interest in a camping club for a Campground within the Development.

 

1.13    "Campsite" means an area designated and marked for identification on the general plan of a Campground, which is intended for occupancy and use for camping purposes in accordance with the recorded covenants and restrictions for the Campground.

 

1.14    "Charge" means the Association Assessment, the Community Assessment, any Special Assessment, Personal Charges, the Recreation Fee and/or any other charges or payments which an Owner is required to pay or for which an Owner is liable hereunder.

 

1. 15    "Commercial Lot" means any unimproved parcel of land owned by Declarant or an Owner located within the Development which is designated by Declarant as a Commercial Lot and is designed to accommodate public, commercial, or business enterprises to serve the Development including but not limited to: business and professional offices; facilities for the retail sale of goods and services; social clubs; restaurants; theaters; lounges; and recreational facilities; provided, however, that Commercial Lots shall not include any of the areas within the legally described boundaries of a condominium, campground, subdivision or planned development within the Development. A parcel of land meeting the above criteria shall be deemed to be unimproved as a Commercial Lot until the Improvements being constructed thereon are sufficiently completed for occupancy so as to be defined as a Commercial Unit.

 

1.16   "Commercial Unit" means any improved parcel of land owned by Declarant or an Owner located within the Development which is designated by Declarant as a Commercial Unit and is designed to accommodate public, commercial, or business enterprises to serve the Development including but not limited to: business and professional offices; facilities for the retail sale of goods and services; social clubs; restaurants; theaters; lounges; and recreational facilities; provided, however, that Commercial Units shall not include any of the areas within the legally described boundaries of a condominium, campground, subdivision or planned development within the Development. A parcel shall not be deemed to be improved as a Commercial Unit until such time as the Improvements being constructed on said parcel are sufficiently completed in accordance with plans and specifications.

 

1.17  "Common Areas" means those portions of the Development, which are specifically designated as Common Areas in Exhibit A hereto, as Exhibit A may be amended or supplemented from time to time, any real property which may be designated as a Common Area on any Plat, and any other land deeded to and accepted by the Association for use as Common Areas together with all improvements located above and below the ground and rights appur­tenant thereto. The Common Areas shall generally include the roadways, bodies of water, open space, drives, parking areas, walkways and green areas, but shall not include any Common Areas, Units or the Sports Facilities. The Declarant may make any Common Area subject to this Declaration pursuant to Section 4 hereof.      å

 

1. 18      "Common Expenses" means and includes all expenses incurred by the Association or its duly authorized agent for the operation, maintenance, repair and replacement of the Common Areas and the operation and administration of the Association as more fully described in Section 7.5 hereof. å

 

1.19      "Common Surplus" means the excess of all amounts received by the Association, including but not limited to charges and rents, profits, and revenues, if any, over the Common Expenses.

 

1.20    "Community" means a portion of the Development which is described and designated as a "Community" in Exhibit A hereto, as Exhibit A may be amended or supplemented from time to time, and which shall consist of Units and may (but need not) include one or more Community Common Areas. Each Unit shall be part of a Community. Each Community shall be identified on Exhibit A or on a recorded Plat. The Declarant may make Added Property, as described in Section 2.1.2, part of an existing Community or may designate Added Property as a new Community, as more fully described in Section 2.  å

 

1.21    "Community Assessment" means the amounts which the Declarant, the Community Association or Association shall assess and collect from the Owners of Units located within a particular Community to pay the Community Expenses and to accumulate reserves for such expenses, as more fully described in Section 7.6.

 

1.22    "Community Association" means any association which is duly formed under the laws of the Commonwealth of Pennsylvania for purposes of administering any condominium, campground, sub­division or planned development within the Development or upon recorded Plat in the Office for Recording of Deeds, Luzerne County, Pennsylvania, as being a part of the Development, whose members shall be Owners of Interests in the Community so described.

 

1.23    "Community Common Area" means that portion of the Development, if any, which is a part of a Community and which 15 described and designated as a "Community Common Area" on a recorded Plat, together with all improvements thereon, rights appurtenant thereto, and all personal property used in connection with the operation thereof. A Community Common Area shall not be deemed, to be part of the Common Areas. A Community Common Area shall be exclusively used by the Owners of the Community of which it is a part.

 

1.24    "Community Declaration' means a declaration of covenants, conditions and restrictions for a particular community which has been recorded in the Office of Recording of Deeds, Luzerne County, Pennsylvania, as it may be amended from time to time.

 

1.25    "Community Expenses" means and includes all expenses incurred by a Community Association or its duly authorized agent for the operation, maintenance, repair and replacement of the Community Common Areas or the operation and administration of the Community Association as more fully described in Section 7.6 of this Declaration and the Community Declaration.

 

1.26  "Declarant" means Beech Mountain Lakes Corporation, a Pennsylvania corporation, or any assigns or successor in title, who comes to stand in the same relation to the Development as Declarant, including, without limitation, any party that acquires ownership of all Declarant's then remaining Interests in the Development.     å

 

1.27         "Declaration" means this Declaration of Protective Covenants, Exceptions, Reservations and Conditions for Beech Mountain Lakes, as it may be amended from time to time.     å

 

1.28          “Delegate” means an Owner in a particular Community who shall be selected pursuant to the provisions of Section 6.6, to represent that Community. After the Turnover Date, the Delegates shall be entitled to vote at meetings of the members of the Association on behalf of the members of their Community as more fully provided in Section 6.7 and shall elect the members of the Board as provided in Section 6.9.     å

 

1.29    "Development" means all that real property situated in Luzerne County, Pennsylvania, described in Exhibit A hereto together with all improvements thereon and rights appurtenant thereto and any additions thereto as described in Section 2.

 

1.30    "Exchange user" means any person who occupies a Unit committed to timesharing or a campsite pursuant to a reciprocal exchange program approved by the Board of Directors of the relevant Community Association.

 

1.31    "Improvements" means all buildings, outbuildings, streets, roads, driveways, parking areas, fences, retaining and other walls, docks, piers, hedges, poles, antennas and any other structures of any type or kind located on real property within the Development.     å

 

1.32    "Interest" means any ownership interest in the real property of the Development as described in Exhibit A hereto, and all other real property which may be annexed thereto, which has been recorded in the Office for Recording of Deeds, Luzerne County, Pennsylvania, and, for purposes of this Declaration, any ownership interest in a Membership Certificate pertaining to a camping club or timesharing arrangement for the use of any property within the Development, even though such Membership Certificate does not constitute an interest in real property. Any reference herein to title to an Interest shall be deemed to include the ownership interest in a Membership Certificate.     å

 

1.33    "Lot" means any numbered and lettered lot or tract on a Plat, whether improved or unimproved, including, but not limited to a Residential Lot or a Commercial Lot, except utility lots and other designated and/or excluded lots, tracts or areas, as filed and recorded in the Office for Recording of Deeds, County of Luzerne, Pennsylvania, and any revision thereof.     å

 

1.34    "Management Agreement" means the then-effective agreement between the Association and a Manager that provides for the management of the Common Areas.

 

1.35    "Manager" means the person or entity, its successors and assigns, engaged by the Association to undertake the duties, responsibilities, and obligations of managing the Common Areas, pursuant to the then effective Management Agreement.     å

 

1.36  "Membership Certificate" means the instrument under which a person is entitled to use the facilities of a camping club or timesharing arrangement for the use of any property within the Development, subject to the restrictions and limitations contained therein and in this Declaration.

 

1.37  "Mortgagee of Record" or "Mortgagee" means the holder of a bona fide first deed of trust or a purchase money mortgagee, or equivalent security interest covering a Unit, and its successors and assigns, provided that such interest is evidenced by a written instrument which has been recorded in the Office for Recording of Deeds, Luzerne County, Pennsylvania. For the purposes of this Declaration only, the term Mortgagee of Record shall include any primary secured party holding a security interest covering a Membership Certificate, and its successors and assigns, provided that such security interest has been filed of record in the Prothonotary's Office of Luzerne County, Pennsylvania.

 

1.38  "Owner" means any person or legal entity, including Declarant, who holds fee simple title to an Interest in real property Development or who holds an Interest in a Membership Certificate pertaining to a camping club or timesharing arrangement for the use of any property in the Development. Owner shall not mean or refer to a Mortgagee of Record, its successors or assigns, unless or until such Mortgagee of Record has acquired title pursuant to foreclosure proceedings or by deed in lieu of foreclosure. Declarant shall be deemed to be the Owner of any portion of the Development for which title has not been transferred to another party. If any portion of the Development is subject to use under a camping club or timesharing arrangement, Declarant shall be deemed the owner of any Membership Certificates that have not been transferred to another party.    

 

All benefits, obligations, restrictions, or requirements imposed hereby upon an Owner shall also be imposed upon any person using the Development or occupying any Unit or Campsite in the Development pursuant to a contract, lease, or agreement of any form or other arrangement with any Owner or Resident, including Exchange Users and the guests, agents, licensees, or invitees of any person owning, using, or occupying any portion of the Development.     å

 

1.39    "Personal Charge' means a Charge as more fully described in Section 7.9, levied by the Declarant, the Association or a Community Association against a particular Owner for one of the reasons set forth herein.

 

1.40    "Plat" means a final condominium, campground, subdivi­sion or planned development map with respect to the Develop­ment, duly recorded in the Office for Recording of Deeds, Luzerne County, Pennsylvania, including any and all lawful additions or revisions to said Plat.

 

1.41    "Recreation Fee" means the annual fee charged by the Declarant for the use of the Sports Facilities, as more fully described in Section 16.4. The Recreation Fee shall be separate and apart from any Assessment by the Association or Community Association. All Owners are obligated by the terms of this Declaration to pay the Recreation Fee, which fee shall be a lien on each Owner's Interest.     å

 

1.42  "Resident" means an individual who resides in a Unit and who is either the Owner, a tenant of the Owner, an Exchange User, a contract purchaser of the Unit, or a relative of any such Owner, Exchange User, tenant or contract purchaser.     å

 

1.43  "Residential Dwelling Unit" means any Improvement to a Residential Lot intended for use as a single family or multi-family residential dwelling, including without limitation, any single family detached dwelling, garden home, patio dwelling, condominium unit or townhouse unit, which Improvement constructed thereon is sufficiently completed in accordance with the plans and specifications therefore.     å

 

1.44 "Residential Lot" means any unimproved parcel of land located within the Development which has been platted into lots intended for use as sites for single family detached dwellings, condominium units, townhouse units, garden home or patio dwelling as described on a recorded Plat. A parcel of land meeting the above criteria shall be deemed to be unimproved as a Residential Lot until the Improvements being constructed thereon are sufficiently completed for occupancy so as to be defined as a Residential Dwelling Unit.  å

 

1.45  "Rules and Regulations" means written conditions governing use of the Common Areas or Community Common Areas, established by the entity responsible for the management and operation of such areas, as each may be amended from time to time, which shall be binding on all Owners.

 

1.46  "Special Assessment" means an Assessment levied upon any Owner in the event that the total of the Annual Assessments is inadequate to meet the Common Expenses of the Association or the Community Association of which the Owner is a member.     å

 

1.47    "Sports Facilities" means the recreational facilities owned and maintained by the Declarant in Exhibit B attached hereto and more fully described in Section 16. All Owners are obligated to pay an annual Recreation Fee that will entitle them to use the Sports Facilities.                  å

 

1.48    "Timesharing Unit Week" means a specified period each year during which an Owner under a timesharing arrangement may use and occupy a Unit, pursuant to the provisions hereof and of the Community Declaration for the Community in which the timesharing arrangement is located.          å

 

1.49    "Turnover Date" means the date on which the rights of the Declarant to designate the members of the Association Board are terminated under Section 11.3.

 

1.50    "Unimproved Land" means unimproved and developable land owned by Declarant located within the Development which has not been subdivided or platted of record as a Residential Lot, Commercial Lot or Campground or which has not been improved as a Commercial Unit or Residential Dwelling Unit and which is designated by Developer for residential, commercial or camping development. Property shall be deemed Unimproved Land until such time as such property is platted of record so as to constitute Residential Lots, a Commercial Lot, or a Campground or until such time as Commercial Units, Residential Dwelling Units and Campsites are sufficiently completed for occupancy and use so as to be defined as a Commercial Unit, Residential Dwelling Unit or Campsite.     å

 

1.51  "Unit" means a Residential Lot, Commercial Lot, Residential Dwelling Unit, Commercial Unit, Campsite or Lot as defined herein. A unit shall include a subdivided Lot as shown on a recorded Plat, except that, if with Association approval, a residential dwelling is constructed on a parcel consisting of more or less than one lot, then the parcel shall be deemed to be one Unit hereunder; a unit in a condominium created under Pennsylvania law; or a unit in a cooperative housing association created under Pennsylvania law. If a subdivided Lot or Lots that are Units hereunder are made subject to a condominium declaration, then each condominium unit created under the condominium declaration shall become a Unit hereunder and the subdivided Lot or Lots shall no longer be deemed Units hereunder. If portions of a subdivided lot or lots which are Units hereunder are deeded to and accepted by a Community Association as a Community Common Area, then the said portion shall be assessed to the appropriate Community and said portion shall not be considered a Unit hereunder.    å

 

1.52  "Warranty Deed" means that certain instrument by which Declarant conveys one (1) or more Interests in the Development together with any subsequent assignments thereof.