turtle creek estates

"Association" shall mean Turtle Creek Estates Homeowners Association, a nonprofit corporation created pursuant to Chapter 317A of the laws of the State of Minnesota and Minnesota Statutes Section 515B.3 101, whose members consist of all Owners as defined herein.

"Board" shall mean the Board of Directors of the Association as provided for in the By Laws.

"By Laws" shall mean the Bylaws governing the operation of the Association, as amended from time to time.

"Common Elements" shall mean the roadways as depicted on the Plat (which are being dedicated to the public), until such roadways are maintained by public authority; and shall include wells located within the utility easements depicted on the Plat, together with water mains running within the public rights-of-way and utility easements and shall include Stormwater Pond Easements, and areas within Delineated Wetland Boundaries, and Outlot A, as depicted on the Plat.

"Common Expenses" shall mean and include all expenditures made or liabilities incurred by or on behalf of the Association and incident to its operation, including without limitation allocations to reserves and those items specifically identified as Common Expenses in the Declaration or By Laws.

"Declarant" means the persons so identified on page 1 hereof, or any other persons or entities to whom the rights of Declarant are assigned or transferred.

"Dwelling" shall mean a part of a building consisting of one or more floors, designed and intended for occupancy as a residence, and located within the boundaries of a Unit. The Dwelling includes any garage attached thereto or otherwise included within the boundaries of the Unit in which the Dwelling is located.

"Eligible Mortgagee" shall mean any Person owning a mortgage on any Unit, which mortgage is first in priority upon foreclosure to all other mortgages that encumber such Unit, and which has requested the Association, in writing, to notify it regarding any proposed action which requires approval by a specified percentage of Eligible Mortgagees.

"Governing Documents" shall mean this Declaration, and the Articles of Incorporation and By Laws of the Association, as amended from time to time, all of which shall govern the use and operation of the Property.

"Limited Common Elements" are the wells and water mains serving the various dwellings on the Property as located within the utility easements depicted on the Plat, together with water mains running within the public rights-of-way and utility easements as they serve groups of dwellings.

"Living Unit" shall mean a Unit on which construction of a building has commenced or is about to commence.

"Member" shall mean all persons who are members of the Association by virtue of being Owners as defined in this Declaration. The words "Owner"and "Member" may be used interchangeably in the Governing Documents.

"Occupant" shall mean any person or persons, other than an Owner, in possession of or residing in a Unit.

"Owner" shall mean a Person who owns a Unit, but excluding contract for deed vendors, mortgagees and other secured parties within the meaning of Section 515B.1 103(29) of the Act. The term AOwner@ includes, without limitation, contract for deed vendees and holders of a life estate.

"Person" shall mean a natural individual, corporation, limited liability company, partnership, trustee, or other legal entity capable of holding title to real property.

"Plat" shall mean the recorded plat of Turtle Creek Estates.

"Property" shall mean all of the real property submitted to this Declaration, including the Dwellings and all other structures and improvements located thereon now or in the future. The Property as of the date of this Declaration is legally described in Exhibit A attached hereto.

"Transition Date" shall mean the date of termination of Control of the Association as provided in Section 13.5 hereof.

"Rules and Regulations" shall mean the Rules and Regulations of the Association as approved from time to time pursuant to Section 5.6.

"Unit" shall mean any lot which may be a platted lot as originally conveyed by the Declarant to an Owner, subject to this Declaration and upon which one Dwelling is located or intended to be located, including all improvements thereon, subject to the Common Elements.