WILLIAM DONALD SCHAEFER, Governor Ch. 492

(b) "Common areas" means property which is owned or leased
by a homeowners association.

(d) (1) "Declaration" means an instrument, however
denominated, recorded among the land records of the county in
which the property of the declarant is located, that creates the
authority for a homeowners association to impose on lots, or on
the owners or occupants of lots, or on another homeowners
association, condominium, or cooperative housing corporation any
mandatory fee in connection with the provision of services or
otherwise for the benefit of some or all of the lots, the owners
or occupants of lots, or the common areas.

(2)   "Declaration" includes any amendment or
supplement to the instruments described in paragraph (1) of this
subsection.

(3)   "Declaration" does not include a private
right-of-way or similar agreement unless it requires a mandatory
fee payable annually or at more frequent intervals.

(f)  (1) "Development" means property subject to a
declaration.

(2)   "Development" includes property comprising a
condominium or cooperative housing corporation to the extent that
the property is part of a development.

(3)   "Development" does not include a cooperative
housing corporation or a condominium.

(g)  (1) "Homeowners association" means a person having the
authority to enforce the provisions of a declaration.

(2) "Homeowners association" includes an incorporated
or unincorporated association.

(h) (1) "Lot" means any plot or parcel of land on which a
dwelling is located or will be located within a development.

(2) "Lot" includes a unit within a condominium or
cooperative housing corporation if the condominium or cooperative
housing corporation is part of a development.

(j) "Recorded covenants and restrictions" means any
instrument of writing which is recorded in the land records of
the jurisdiction within which a lot is located, and which
instrument governs or otherwise legally restricts the use of such
lot.

11B-111.1.

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