1. "Association" shall mean and refer to Linden Ridge Property Owners Association, Inc., a North Carolina non-profit corporation, its successors and assigns.
2. "Board of Directors" or "Board" means those persons elected or appointed and acting collectively as the Directors of the Association pursuant to its By-Laws.
3. "Building" shall mean and refer to a home and associate garage constructed or erected on a Lot shown upon a recorded map of the property.
4. "By-Laws" shall mean the by-laws of the Association as they now or may hereafter exist.
5. "Common Area" shall mean and refer to all land within the Linden Ridge Subdivision conveyed to the Association by warranty deed recorded in the New Hanover County Registry and which deed specifically designates said area as Common Area and incorporates the provisions of these restrictions as to the use of said property as Common Area, along with any facilities and improvements erected or constructed thereon, for the exclusive use and enjoyment of the Members of the Association. In addition, subdivision sign(s), landscaping and fencing located at the entrance to Linden Ridge Subdivision are declared to be Common Area. Additional Common Area may be annexed or "phased" into the subdivision as hereinafter provided.
6. "Common expenses" shall mean and include:
(a) All sums lawfully assessed by the Association against its Members;
(b) Expenses of administration, maintenance, repair or replacement of the Common Areas and the stormwater system;
(c) Expenses declared to be common expenses by the provisions of these Restrictions or the By-Laws;
(d) Liability for such other insurance premiums
as the Restrictions or By-Laws may require the Association to purchase;
(e) Expenses agreed by the Members to be common expenses of the Association;
(f) Any ad valorem taxes and public assessments levied against the Common Area;
7. "Common profits" shall mean and refer to the balance of all income, rents, profits and revenues of the Association remaining after the deduction of the common expenses or reserve therefore. Common profits shall not mean or include any sums lawfully assessed against Members by the Association.
8. "Declaration" shall refer to these Declaration of Covenants, Conditions, and Restrictions for Section 1, Linden Ridge, and any supplements or amendments thereto.
9. "Declarant" shall mean and refer to LINDEN RIDGE PARTNERS, INC., a North carolina corporation, its successors and assigns to whom the rights of Declarant are expressly transferred, or if such successors or assigns should acquire more than one undeveloped Lot or undeveloped acreage for the purpose of development, or acquire title to the Property under a deed in lieu of foreclosure, judicial foreclosure, or foreclosure under power of sale contained in any deed of trust, or ONE otherwise denominated a "Declarant", hereby shall be deemed Declarant.
10. "Home" shall mean and refer to a detached, free-standing dwelling or place of residence and attached or detached garage constructed upon a Lot within the property.
11. "Lot" shall mean and refer to any plot of land, other than the Common Area, which is subject to these Restrictions and is shown on a recorded subdivision map and upon which a home has been or may be constructed.
12. "Member" shall mean and refer to every person who is a member of the Association. Each Owner as defined herein, shall be a Member.
13. "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the Property, including contract sellers, but excluding those who have such interests merely as security for the performance of an obligation.
14. "Person" shall mean and refer to an individual, corporation, partnership, association, trustee or other legal entity.
15. "Property" shall mean and refer to that certain real property shown on that plan referred to above and any other real property which is made subject to these Restrictions.
16. "Subdivision" means all of the Property which shall be known collectively as Linden Ridge Subdivision, and all real property which may be made subject to these Restrictions in the future.
