§ 110-56. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Community subdivision infrastructure or "community subdivision infrastructure improvements" means all structures and real property improvements to be ultimately owned or maintained by the subdivision HOA, including without limitation, all stormwater management systems, sod and landscaping within stormwater retention and detention areas, roadways, gates, walls, streetlights, street and traffic signs, sidewalks, docks, pools, clubhouses and other structures or real property improvements on common areas (or common property), but excluding playground equipment and sod and landscaping not within stormwater detention or retention areas.

Declaration means a document or documents, which govern lots, tracts and/or parcels within a subdivision and imposes and sets forth requirements, covenants, obligations, restrictions, rights and other matters (which run with the land) pertaining to said lots, tracts and/or parcels and the subdivision.

Developer means: (i) the owners of record executing the dedication required by F.S. § 177.081, and applying for approval of a plat of a subdivision pursuant to this chapter; (ii) the person or entity that is the declarant which records the declaration, or amendment thereto, for a proposed residential subdivision to be developed or an existing residential subdivision to be converted and maintained as a gated community; (iii) the person or entity that succeeds to the rights and liabilities of the person or entity which is the original declarant; (iv) the subdivider of land; or (v) in the absence of a written assignment of the original declarant's rights recorded in the public records of Orange County, Florida, the person or entity that materially or substantially exercises the rights and liabilities of the original declarant including, but not limited to, the person or entity operating or controlling the board of directors of the HOA.

Homeowners' association or HOA means a mandatory community association as contemplated by F.S. ch. 720, in which the owners of all lots, blocks, and tracts within the subdivision are required by the terms of the declaration to be members, with the ability and duty to impose and collect on assessments. This definition includes homeowners' associations or property owners' associations formed pursuant to F.S. ch. 720, governing residential, commercial or mixed-use subdivisions.

Project means all real property that is or will be subject to the declaration and will be ultimately operated or controlled by the HOA.

Turn over of control of the HOA (also referred to as turnover) means that point in time when members of the HOA (other than the developer, builders, contractors, or others who purchase property within the subdivision for the purpose of constructing improvements thereon for resale) are entitled to elect at least a majority of the board of directors of the HOA, and such election has occurred. Notwithstanding the foregoing, turnover may occur no sooner than the point in time at which certificates of occupancy have issued for at least 70 percent of the platted lots within the project, and must occur no later than the point in time at which certificates of occupancy have been issued for 90 percent of the platted lots within the project. Further, if a project contains individually platted subdivisions, each with its own HOA and declaration (which may also be a part of a master association under a master declaration), different turnover dates consistent with the foregoing as to the individually platted subdivisions may be established.

(Ord. No. 04-19, § 2(Exh. A), 6-10-04; Ord. No. 14-29, § 2, 7-24-14)