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<br />respective tenants, licensees, employees and agents of such lessees. Any such area so
<br />designated, buy later conyeyed and accepted in fee or easement to the City of La Porte, shall no
<br />longer be considered under this definition.
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<br />(f) "Common Facilities" shall mean and refer collectively to all drainage improyements
<br />(including, without limitation, all piping, pumps, grassing, inlets, headwalls and fencing),
<br />shrubbery, trees, grass, flowers, other plants and plantings, sprinkler systems, lighting fixtures,
<br />statuary, fountains, benches, tables, signs, entrance monuments and markers, walls, fences,
<br />gazebos, kiosks, and other exterior decoratiye or functional materials or facilities now existing,
<br />installed, constructed or placed on the Common Areas from time to time. Any such facility so
<br />designated, buy later conveyed and accepted in fee or easement to the City of La Porte, shall no
<br />longer be considered under this definition,
<br />
<br />(g) "Improyement" shall mean and refer to any building, roofed structure, parking area,
<br />loading area, trackage, fence, wall, hedge, landscaping, pylon, pole, driveway, sign, exterior
<br />illumination, channel structure, equipment, machinery, piping and yalyes or other improvement
<br />within the Deyelopment.
<br />
<br />(h) "Tract" shall mean and refer to each parcel of land located within the Deyelopment
<br />which is separately described in a deed of conyeyance; proyided, howeyer, if such parcel of land
<br />is thereafter divided into separate parcels in any manner, the term "Tract" shall mean and refer to
<br />each such separate parcel of land. The term "Tract" shall include any Improvements located on
<br />a parcel ofland constituting a Tract, but shall not include any of the Common Facilities.
<br />
<br />(i) "Member" shall mean and refer to all those Owners who are holders of membership
<br />interests in the Association, as such interests are set forth in Article III hereof.
<br />
<br />(j) "Owner" shall mean and refer to the record owner of fee simple title to any Tract,
<br />including Declarant with respect to Tracts owned by Declarant. Eyery record owners shall be
<br />treated for all purposes as a single Owner for each Tract owned, irrespectiye of whether such
<br />ownership is joint, in common, or tenancy by the entirety. Where such ownership is joint, in
<br />common, or tenancy by the entirety, any vote to which such record owners is entitled shall be in
<br />accordance with Article III, Section 4 hereof. Notwithstanding any applicable theory of
<br />mortgage, "Owner" shall not mean nor refer to any mortgagee unless and until such mortgageee
<br />has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
<br />
<br />(k) "Supplemental Declaration" shall mean and refer to any supplement, amendment or
<br />modification of this Declaration.
<br />
<br />(I) "Deyelopment" shall mean and refer to all real property which is or becomes subject
<br />to this Declaration.
<br />
<br />(m) "Special Conditional Use Permit" shall mean and refer to Special Conditional Use
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