The following words, when used in the Governing Documents shall have the following meanings (unless the context indicates otherwise):
means Minnesota Statutes Chapter 515B, the Minnesota Common Interest Ownership Act.
Means the Boundary Creek Sixth Association, a nonprofit corporation created under Chapter 317A of the laws of the state of1\/Hnnesoïa, Whose members consist of all Owners as defined herein.
1.3 "Assessments" means all assessments levied by the Association pursuant to Section 6 ofthe this Declaration, including, without limitation, annual assessments, special assessments and limited assessments.
1.4 "Board" means the Board of Directors of the Association as provided for in the Bylaws.
1.5 "Bylaws" means the Amended and Restated Bylaws governing the operation ofthe Association, as amended from time to time,
1.6 "Common Elements" means all parts ofthe Propeity except the Units, including all improvements thereon, owned by the Association for the common benefit of the Owners and Oecupantsß The Common Elements ovifned bythe Association as of the date of this Declaration are legally described in Exhibit B attached hereto.
1 .7 "Common Expenses" means expenditures made or liabilities incurred by or on behalf of the Association and .incident to its operation, including Assessments and items specifically otherwise identiñed as Common Expenses inthe Declaration or Bylaws. ' A
1.8 "Dwelling" means a building, or a part of da building if there is more than one Dwelling per building, occupying one or more floors, designed and intended for occupancy as a single family residence, and located Within the boundaries cfa Unit. The Dwelling includes, without limitation, any garage attached thereto or otherwise included within the boundańes of the Unit within which the Dwelling is located.
1.9 "Eligible Mortgagee" means any Person owning a mortgage on any Unit, (i) which mortgage is ñrst in priority upon foreclosure to all other mortgages that encumber such Unit, and (ii) which mortgage holder has requested the Association, in writing, to notify it regarding any proposed action which requires approval by a speciñed percentage of Eligible Moitgagees.
1.10 "Governing Documents" means this Declaration, and the Articles of Incorporation and Bylaws ofthe Association, as amended from time to time, all of which shall govern the use and operation ofthe Property.
1.11 “Limited Common Elements” means a portion ofthe Common Elements allocated by the Declaration or by operation of Section 5 1 513.2-102(d) or (Í) ofthe Act for the exclusive use of one or more, but fewer than all, ofthe Units.
1.12 "Member" means a Person who is a member ofthe Association by reason ofbeíng an Owner as deñned in this Declaration. The words "Owner" and "Member" may be used interchangeably in the Governing Documents.
1.13 "Occupant" means any person or persons, other than an Owner, in possession of or residing in a Unit.
1.14 "Owner" means a Person who owns a Unit, but excìuding contract for deed vendors, moitgagees and other secured panties within the meaning of Section 5 15B. 1- 1 03 (30) ofthe Act. The term "Owner" includes, without limitation, contract for deed vendees and ho1ders of a life estate.1.15 "Party Wall" means the shared interior wall between two Dwellings.
1.16 "Person" means a natural individual, corporation, limited liability company, partnership, limited ìiability partnership, trustee, other or legal entity capable of holding title to real property.
"Plat" means the plat depicting the Property pursuant to the requirements ofthe Act, including any amended or suppìemental Plat, or repìat, recorded from time to time in accordance with the Act. The recorded p1at(s) for the Property existing as ofthe date of this Decîaration, as amended, shall constitute the P1at(s).
1.18 "Property" means collectively all ofthe real property submitted to this Declaration, including the Dwellings and all other improvements located thereon, 'now or- in the future. The Property as ofthe date of this Declaration is legally described in Exhibit A attached hereto.
1.19 "Rules and Regulations" means the Rules anci Regulations of the Association as approved from time to time pursuant to Section 5,6.
1.20 "Unit" means any platted lot upon which a Dwelling is located, as shown on the Plat, including all improvements thereon, but excluding the Common Elements.
Any terms used in the Governing Documents, and defined in the Act and not in this Section, shall have the meaning defined in the Act.