CC&Rs

ARTICLE I

Definitions

[1. 1] Section 1. “Architectural Committee” means the committee created in accordance with article V of this Declaration.

[1.2] Section 2. “Articles” means the Articles of Incorporation of Park River Oak Estates Homeowners Association, which are filed in the Office of the California Secretary of State, as such Articles may be amended from time to time.

[1.3] Section 3. “Assessment” means any Regular, Special or Special Individual Assessment made or assessed by the Association against an Owner and his or her Lot in accordance with the provisions of article IV of this Declaration.

[1.4] Section 4. “Association” means Park River Oak Estates Homeowners Association, a California nonprofit corporation (formed pursuant to the Nonprofit Mutual Benefit Corporation Law of the State of California), its successors and assigns. The Association is an “association” as defined in California Civil Code section 1351(a).

[1.5] Section 5. “Association Rules” means the rules, regulations and policies adopted by the Board of Directors of the Association, pursuant to article III, section 7 of this Declaration, as the same may be in effect from time to time.

[1.6] Section 6. “Board of Directors” or “Board” means the Board of Directors of the Association.

[1.7] Section 7. “Bylaws” means the Bylaws of the Association, as such Bylaws may be amended from time to time.

[1.8] Section 8. “City” means Sacramento and its various departments, divisions, employees and representatives.

[1.9] Section 9. “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the owners. The Common Area shall be owned by the Association at the time of conveyance of the first Lot as described an Exhibit “A” hereto.

Unless the context clearly indicates a contrary intent, any reference herein to the “Common Areas” shall also include any Common Facilities located thereon.

[1.10] Section 10. “Common Expense” means any use of Common Funds authorized by article IV hereof and article IX of the Bylaws and includes, without limitation: (a) All expenses or charges incurred by or on behalf of the Association for the management, maintenance, administration, insurance, operation, repairs, additions, alterations or reconstruction of the Common Area, Common Facilities or any portion of any Townhouse that the Association is obligated to maintain or repair, (b) all expenses or charges reasonably incurred to procure insurance for the protection of the Association and its Board of Directors that the Association is obligated to maintain or replace, and for nonpayment of any Assessments, and (c) the use of such funds to defray the costs and expenses incurred by the Association in the performance of its functions or in the proper discharge of the responsibilities of the Board as provided in the Governing Documents and (d) insurance of Townhouses constructed or to be constructed on Lots, any amounts reasonable necessary for reserves for maintenance, repair and replacement of the Common Areas and Common Facilities.

[1.11] Section 11. “Common Facilities” means the road within the Project, parking areas with the Project, swimming pool and apron area, pool storage and pump house, pool furniture, clubhouse, spa, trees, hedges, plantings, lawns, if any, shrubs, landscaping, fences, utilities, berms, pipes, lines, lighting fixtures, buildings, structures and other facilities constructed or installed, or to be constructed or installed, or currently located within the Common Area or the Recreation Area

[1.12] Section 12 “Common Walls” and “Common Roofs” respectively means those portions of the improvements located upon the Lots that are immediately adjacent to or conjoined with any of the improvements of any adjacent Lot, including exterior walls and roofs.

[1.13] Section 13. “County” means the County of Sacramento, State of California, and its various departments, divisions, employees and representatives.

[1. 14] Section 14. “Declarant” means the original developer of the Properties, namely Park River Estates, a California limited partnership.

[1.15] Section 15. “Declaration” means this instrument, as it may be amended from time to time.

[1.16] Section 16. “Governing Documents” is a collective term that means and refers to this Declaration and to the Articles, the Bylaws, and the Association Rules.

[1.17] Section 17. “Improvement” includes, without limitation, the construction, installation, alteration, or remodeling of any buildings, walls, decks, fences, swimming pools, landscaping, landscape structures, skylights, solar heating equipment, spas, antennas, utility lines, or any structure of any kind.

In no event shall the term “Improvement” be interpreted to include projects which are restricted to the Townhouse interior and which do not involve the roof of any load-bearing wall thereof.

[1.18] Section 18. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Project with the exception of the Common Area.

[1.19] Section 19. “Member” means every person or entity who holds a membership in the Association and whose rights as a Member are not suspended pursuant to article XIV, section 6 hereof.

[1.20] Section 20. “Mortgage” means any security device encumbering all or any portion of the Properties, including any deed of trust. “Mortgagee” shall refer to a beneficiary under a deed of trust as well as to a mortgagee in the conventional sense.

[1.21] Section 21. “Owner” means any person, firm, corporation or other entity which owns a fee simple interest in any Lot. The term “Owner” shall include the Declarant for so long as the Declarant possesses any Lot within the Properties, and, except where the context otherwise requires, the family, guests, tenants and invitees of an Owner.

[1.22] Section 22. “Owner of Record” and “Member of the Association” include an Owner and mean any person, firm, corporation or other entity in which title to a Lot is vested as shown by the official records of the Office of the County Recorder.

[1.23] Section 23. “Party Wall” shall mean any wall of a Townhouse located on a property line dividing any Townhouses, which wall is commonly used by any such Townhouse and the adjoining Townhouse. Residences within the Properties also share a common roof. The rights and responsibilities of Owners with respect to Party Walls and common roofs shall be governed by article XII, sections 1 and 2 of this Declaration.

[1.24] Section 24. “Project” means the Properties and the improvements located thereon which are intended to create a common interest development as described in California Civil Code section 1351.

[1.25] Section 25. “Properties” means all parcels of real property (Common Area and Townhouse Units) described in recital “A” hereof, together wit all buildings, structures, utilities, Common Facilities, and other improvements located thereon, and all appurtenances thereto.

[1.26] Section 26. “Recreational Area” means the real property and improvements located thereon which are owned by the Association for the common use and enjoyment of the Owners. The Recreational Area improvements shall comprise a portion of the Common Facilities and the land which comprises the Recreational Area is more particularly described in Exhibit “B” attached hereto.

[1.27] Section 27. “Regular Assessment” means an Assessment levied on an Owner and his or her Lot in accordance with article IV, section 2 hereof.

[1.28] Section 28. “Single Family Residential Use” means occupation and use of a Townhouse for single family dwelling purposes in conformity with this Declaration and the requirements imposed by applicable zoning or other applicable laws or governmental regulations limiting the number of persons who may occupy single family residential dwellings.

[1.29] Section 29. “Special Assessment” means an Assessment levied on an Owner and his or her Lot in accordance with article IV, section 3 hereof.

[1.30] Section 30. “Special Individual Assessment” means an Assessment made against an Owner and his or her Lot in accordance with article IV, section 4 hereof.

[1.31] Section 31. “Subdivision Map” means the map for the properties described in Exhibit “A” this Declaration.

[1.32] Section 32. “Townhouse” and “Residence” means a Lot with improvements constructed thereon consisting of a two or three bedroom single family residence.