Bylaws
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Amended and Restated Bylaws of the Hallowing Point Association, Inc.
As Amended March 5, 2016
 
ARTICLE 1 - DEFINITIONS
 
     1.1. Each term in these Bylaws shall have the meaning ascribed to that term in the Amended and Restated Declaration of the Hallowing Point Association, Inc., as recorded in the Fairfax County, Virginia Land Records on April 4, 2013, and as enumerated in Bylaws Exhibit A.
 
ARTICLE 2 - OFFICES AND REGISTERED AGENT
 
     2.1. The principal place of business of the Association is in care of the President of the Association or at such other place or places as the Board of Directors may from time to time determine or the business of the Association may require.
     2.2. The Registered Agent of the Association is John Link, 11808 Mallard Road, Mason Neck, VA 22079. The mailing address of the Association is P.O. Box 63, Lorton, VA 22199-0063.
 
ARTICLE 3 - MEETINGS OF MEMBERS
 
     3.1. There shall be an annual meeting of the Members during the month of March. The location, date, and time shall be determined by the Board of Directors. Notice of the annual meeting shall be delivered to each member at such email or postal address as appears on the books of the Association at least 10 days prior to the meeting.
     3.2. Special meetings of Members shall be called by the President of the Association, or in his absence by the Vice President, upon a written request by a majority of the Board of Directors or at the written request of 20 percent or more of the Members in Good Standing of the Association. A request for a special meeting must state the purpose of the proposed meeting, and the business transacted at all special meetings shall be confined to the purposes stated in the request. The President or Vice President shall call a special meeting on a date that is within 45 days of receipt of a written request. Notice of a special meeting stating the time, place and purpose shall be delivered at least 30 days in advance of such meeting to each Member at such email or postal address as appears on the books of the Association.
     3.2.1. In the case of a request for a special meeting regarding denial of an architectural review by the Board, the Owner whose request was denied may alone request in writing such meeting. Such meeting shall be called and noticed in accordance with the relevant procedures of paragraph
3.2, and shall be conducted in accordance with paragraphs 3.3 through 3.7.
     3.3. Fifteen percent of the Members in Good Standing, present in person or represented by proxy, shall constitute a quorum at all meetings of the Members for the transaction of business except as otherwise provided by statutes, the Covenants, or these Bylaws.
     3.4. Members in Good Standing are eligible to vote at any meeting of Members, whether in person or by proxy. A proxy must be appointed by an instrument in writing, signed by the Member and bearing a date not more than 60 days prior to said meeting, unless such proxy expressly provides for a longer period.
     3.5. When a quorum is present at any meeting, the vote of a majority of the Members in Good Standing present in person or represented by proxy shall decide any question brought before such meeting, unless a different vote is required either by statutes, the Covenants, the Articles of Incorporation, or these Bylaws, in which event such express provisions shall govern.
     3.6. Notices of meetings and official Association business will be provided to Members by postal or electronic mail. Postal addresses will be used for official Association business only if a Member does not have an email address or specifically requests to receive such notifications by postal mail. Members’ postal addresses will be recorded as the address of their Lot(s), unless the Member otherwise notifies the Association. It is the responsibility of non-resident Members to provide a correct postal or email address to the Association. The Association assumes no liability for failure to notify Members due to the lack of a correct email or postal address. Any notice required to be sent to any Member shall be deemed to have been properly sent when sent by electronic mail or deposited, first class and postage paid, in a postal box or other authorized receptacle of the U.S. Postal Service, to the email or postal address, respectively, of the Member as listed on the records of the Association at the time of such notification.
     3.7. Unless otherwise required by statutes, the Covenants, the Articles of Incorporation, or these Bylaws, the conduct of meetings of the Members shall be governed by Roberts Rules of Order.
 
ARTICLE 4 - BOARD OF DIRECTORS
 
     4.1. There shall be nine Directors on the Board of Directors.
     4.2. Directors must be residents of Hallowing Point and Members in Good Standing of the Association. In the case of a Member who is not a natural person, the Member shall designate a natural person to serve the full term as a Director, if elected by the Association.
     4.3. The Board of Directors shall provide the community 30 days in advance of the Annual Meeting with its proposed slate of nominees for election to the Board. Any Member in Good Standing may nominate a Member in Good Standing for election to the Board of Directors, provided that such nomination shall be made in writing to the Board of Directors not less than 14 days in advance of the Annual Meeting.
     4.4. Directors shall be elected by vote of a majority of the Members in Good Standing present or represented by proxy at the Annual Meeting of Members (provided that a quorum is present). The Board shall be divided, as nearly equally as practicable, into two classes serving staggered two-year terms, so that one class shall be elected each year. Each Director shall serve for a term of two years following election and until such Director’s successor is elected or appointed (or until such Director’s earlier resignation or removal).
     4.5. If a vacancy occurs on the Board, a majority of the remaining members of the Board (whether or not sufficient to constitute a quorum) may fill any vacancy on the Board until the next Annual Meeting of Members, at which a Director shall be elected by vote of a plurality of the Members in Good Standing present or represented by proxy at such Annual Meeting (provided that a quorum is present) to serve for such remaining unexpired term (if any).
     4.6. A Director may be removed from office by a vote of at least two-thirds of the Members in Good Standing present or represented by proxy at any Annual or special meeting where a quorum exists. Notice of the intent to hold such a vote must be sent to all Members at least 30 days in advance of the meeting.
     4.7. The Directors shall manage the property and business of the Association and exercise all such powers of the Association and perform all such duties and take all such actions as are not by statute, the Covenants, or these Bylaws directed or required. However, the Directors shall have no power to encumber or sell any real estate owned by the Association without first obtaining the approval of such action by a vote of at least two-thirds of the Members in Good Standing present or represented by proxy at a duly called meeting at which a quorum is present
     4.8. Meetings of the Board of Directors shall be held at the discretion of the Board, but not less than six times annually, and such meetings shall be open to Members’ attendance. The Board may publish the time and date of meetings; Members shall be notified of the time and date of Board meetings, if requested. Executive sessions of the Board, which shall not be open for Members’ attendance, may be held at the discretion of the Board only to discuss personnel matters, consultation with legal counsel, contracts, pending or potential litigation, personal liability of Members to the Association, punitive matters and hearings concerning violations of the Covenants, Articles of Incorporation, or these Bylaws, or other sensitive matters.      4.9. At its first meeting following election of the Board of Directors, the Board shall elect officers from among its members to serve as President, Vice President, Secretary, and Treasurer, and any other officers the Board chooses to designate. No Director may serve in multiple offices, except the Secretary and Treasurer. The duties and responsibilities of each office shall be as follows:
     4.9.1. The President shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; is authorized to sign leases, mortgages, deeds, and other written instruments; and is authorized to sign checks and promissory notes.
     4.9.2. The Vice President shall act in the place and stead of the President in the event of his absence, inability, or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.
     4.9.3. The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Association to the Members; and shall perform such other duties as required by the Board.
     4.9.4. The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; sign all checks and promissory notes of the Association, and shall designate from among the Directors an alternate authority for such actions; keep or cause to be kept proper books of account, cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year, if required by the Board; prepare an annual budget and a statement of income and expenditures to be presented to the Members at the Annual Meeting; and publish the budget on the Association website and make copies available to Members upon request.
     4.10. The Board of Directors may establish committees. Members of the Association may also be appointed to serve on such committees at the discretion of the Board.
     4.11. Minutes of Board meetings shall record all decisions of the Board taken at each meeting. Minutes shall be published on the Association website following each Board meeting and will be made available to a Member upon request.
     4.12. Directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the Directors and such approval is filed with the minutes of the proceedings of the Board of Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors.
 
ARTICLE 5 – BOOKS AND RECORDS, FINANCIAL MANAGEMENT
 
     5.1. Fiscal Year. The fiscal year of the Association shall begin on the first day of March every year. The commencement date of the fiscal year herein established shall be subject to change by the Board of Directors should the practice of the Association subsequently dictate.
     5.2. Maintenance of books and accounts. Books and accounts of the Association shall be kept under the direction of the Secretary and the Treasurer. The same shall include books with detailed accounts, in chronological order, of receipts and of the expenditures and other transactions of the Association and its administration, and shall specify the maintenance and repair expenses of the Community Property, services required or provided with respect to the same, and any other expenses incurred by the Association.
     5.3. Audits. At the close of each fiscal year, the books and records of the Association may be audited by an independent public accountant. Based upon such report, the Association shall furnish the Members and any mortgagee requesting the same with an annual financial statement, including the income and disbursements of the Association, within 90 days following the end of each fiscal year.
     5.4. Availability of books and records. The books and accounts of the Association, vouchers accrediting the entries made thereupon, and other records maintained by the Association pursuant to the Virginia Property Owners Association Act shall be available for examination by the Members and their duly authorized agents or attorneys, and to the institutional holder of any First Mortgage on any Lot and its duly authorized agents or attorneys, during normal business hours and for purposes reasonably related to their respective interests and after reasonable notice. The Association Declaration, Articles of Incorporation, and these Bylaws shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost.
     5.5. Reserve Funds.
     5.5.1. Repair and Replacement Reserve Fund. The Association shall establish and maintain a reserve fund for repair and replacement of the Community Property, which shall be funded by the allocation and payment to such reserve fund of an amount to be designated from time to time by the Board of Directors and approved by the Members at the regular Annual Meeting. The reserve for repair and replacement of Community Property may be expended only for the purpose of effecting the repair or replacement of the Community Property, major repairs to any equipment replacement, and for startup expenses and operating contingencies of a non-recurring nature relating to the Community Property.
     5.5.2. Capital Improvement Reserve Fund. The Association shall establish a reserve fund for capital improvements to the Community Property, which shall be funded by the allocation and payment to such reserve fund of an amount to be designated from time to time by the Board of Directors and approved by the Members at the regular Annual Meeting. The reserve for capital improvements may be expended only for the purpose of funding new capital projects relating to the Community Property.
     5.5.3. The Association may establish such other reserves for such other purpose as the Association may from time to time consider necessary or appropriate and may periodically require a study to assess the adequacy of reserve funds.
     5.5.4. Expenditures from Reserve funds must be specified in the Association budget presented and approved at the Annual meeting for that fiscal year or may be approved by a majority of the Members at a general or special meeting called for the purpose of considering such expenditure(s).
     5.5.6. Such reserve funds shall be conclusively deemed to be a common expense of the Association and may be deposited in any banking institution, the accounts of which are insured by an agency of the United States of America, or may, in the discretion of the Board of Directors, be invested in obligations of, or fully guaranteed as to principal, by the United States of America. The proportional interest of any Member of the Association in any such reserves shall be considered an appurtenance of his Lot and shall not be separately withdrawn, assigned, or transferred, or otherwise separated from the Lot to which it appertains and shall be deemed to be transferred with such Lot. 5.6. Limitations on Financial Transactions. The Board may not make a financial expenditure or enter into an obligation to make an expenditure in excess of 5 percent of the Association’s annual budget in the fiscal year (exclusive of reserve funds), or make cumulative expenditures in excess of 9 percent of the Association’s annual budget in the fiscal year, unless such expenditure(s) is specified in the Association budget presented and approved at the Annual Meeting for that fiscal year or is approved by a majority of the Members at a general or special meeting called for the purpose of considering such expenditure(s).
     5.7. In the event that a previously unapproved expenditure of funds exceeding the limits specified in paragraph 5.6 above is urgently required for repairs or other emergencies, the Board shall notify the Members of the intent to expend such funds and the reasons for the expenditure. If no objection is received by the Board to such expenditure within 5 days of the date of mailing such notice, the Board may proceed with the expenditure. If an objection is received by the Board, the Board may call a special meeting to seek approval for the expenditure.
 
ARTICLE 6 - DUES
 
     6.1. Annual dues for Members shall be set by a majority vote of the Members in Good Standing present or represented by proxy at a regular or special meeting of the Members at which a quorum is present, and shall continue at the same rate until changed. Notice of intent to propose a change in the dues must be provided to all Members at least 30 days prior to such meeting.
     6.2. The Board of Directors may reduce the dues for any Member. Applications for such relief must be submitted and approved by the Board of Directors annually. The Board shall base relief upon financial need. The criteria set forth in the Fairfax County guidelines for real estate tax reductions will guide the Directors. All requests for dues reductions shall be confidential.
     6.3. Dues must be paid by March 1 of each year. Dues not paid within 30 days after March 1 of any year shall result in suspension of the Member’s voting rights until such time as all such Dues have been paid. 6.4. A late fee shall be applied to all dues not paid by April 1 of each year, calculated at a rate of 9 percent per annum. Legal action may be taken against any Member whose dues are more than 90 days overdue.
 
ARTICLE 7 – RULES AND GUIDELINES
 
     7.1. Use of Community Property
     7.1.1. The Board of Directors encourages the use of Community Property by Members and Associate Members, if the right to use Community Property has been allocated to an Associate Member by a non-resident Member pursuant to Article 5.2.3 of the Association’s Covenants. Members and Associate Members are required to display the Hallowing Point decal in or on their vehicles when parked on Community Property, and the Board encourages Members and Associate Members to display the Hallowing Point decal in or on their vehicles throughout the neighborhood. The Board also reminds Members and Associate Members to be considerate of neighbors who live near Community Property by avoiding excessive noise, blocking driveways with parked cars, and other nuisances.
     7.1.2. The following rules limit the use of Community Property and are designed to ensure continued protection of the Community Property and the rights of Hallowing Point residents. These limitations are also intended to minimize conflicts in the planning of social activities on Community Property.
     7.1.2.1. Community Property is to be used only by Members and Associate Members and their guests.          7.1.2.2. Guests must be accompanied by Members or Associate Members when using Community Property.        
     7.1.2.3. All areas of Community Property will be closed from 11:00 p.m. to 7:00 a.m. local time; except that boat launching and recovery activities are permitted at any time at the dock area. 7.1.2.3. Users of Community Property do so at their own risk and agree to hold the Association harmless for any personal injury or personal property damage that occurs on Community Property.
     7.1.2.4. Swimming in the Potomac River from Association property can be hazardous. The Association recommends no swimming at the extreme end of The Point where the waters of Gunston Cove meet those of the Potomac River. This area has extremely dangerous and life-threatening currents. The Association does not provide lifeguards on Community Property.
     7.1.2.5. With the exception of reserved parties and Association-sponsored events, the road into The Point may only be used by golf carts and utility vehicles, utilizing one-half of the drive gate that may be unlocked with a Member’s gate key. The road must not be blocked by non-emergency vehicles or other items at any time.      7.1.2.6. With the exception of the fireplace and grill at The Point, open fires are not permitted on Community Property unless approved in advance by the Board. Use of the fireplace and grill at The Point must always be supervised by an adult. 
     7.1.2.8. All trash must be removed from Community Property when leaving the area.
     7.1.2.9. Gates to The Point, the dock area, and other Community Property must be closed and locked after both entering and leaving the Community Property.
     7.1.2.10. Members and Associate Members may be required to repair any damage caused by themselves or their guests while on Community Property.
     7.1.3. In cases of violation of the rules regarding use of Community Property, Fairfax County Police may be called, and Members and guests may be asked to leave the property promptly.
     7.1.4. Exceptions to or waivers of any of the rules regarding use of Community Property may be considered by the Board of Directors upon the request of a Member or Associate Member.
     7.1.5. The Board reserves the right to suspend the right of any Member or Associate Member to use Community Property based on any violation of the Association’s Covenants or these Bylaws.
     7.1.6. Private Parties at The Point
     7.1.6.1. The following rules are in addition to those stated in sections 7.1.1 through 7.1.5 above. For purposes of this Section, a gathering of 15 or more people is considered a party. Private parties at The Point may not exceed 100 people.
     7.1.6.2. The Point must be reserved in advance for a private party. Reservations will be accepted for only one day of each weekend to ensure accessibility for other Members and Associate Members; no reservations will be accepted on holidays. Two reservation slots for separate parties will be available on that day (from 10:00am to 4:00pm and from 5:00pm to 10:00pm). Reservations may be made for the entire Point, including the pavilion for a fee of $300, or for the pavilion area only for a fee of $50. Reservations will be confirmed on a first-come/first-serve basis and only when payment has been received by the Director assigned to manage Social activities. The reservation form is available on the Association website. 
     7.1.6.3. Parties at The Point must be sponsored by an adult Member or Associate Member. The sponsor is responsible for controlling the party and guests, and must be present for the duration of the function. The sponsor is responsible for ensuring compliance with the restrictions in these Bylaws and all of the conditions on The Point reservation form as approved by the Board.
     7.1.6.4. The responsibilities of the sponsor of the party, as detailed in the reservation form, include the following:
          7.1.6.4.1. At the conclusion of the function, promptly remove from Community Property all trash resulting from the function.
          7.1.6.4.2. Repair, at the sponsor’s expense, any property damage resulting from the function.                     7.1.6.4.3. Confine the function to the number of attendees and hours stated in the reservation form.             7.1.6.4.4. Request that attendees park on one side of the street only. Do not block egress to The Point road or private driveways, or park on any part of homeowner lawns.
          7.1.6.4.5. Be present and display the required permit at the function for its duration.
          7.1.6.4.6. Assure that there are no open fires at the function.
          7.1.6.4.7. Hold the Association harmless from all liability from personal injury or property damage that may occur at the function.
          7.1.6.4.8. Ensure that all vehicles accessing The Point park in designated areas only; vehicles that cannot be accommodated in designated parking areas may not remain at The Point during the function. 
          7.1.6.4.9. Additional conditions that may be stipulated by the Board.
     7.1.7. Use of the Dock Area 
     7.1.7.1. The following rules are in addition to those stated in sections 7.1.1 through 7.1.5 above. The dock area is to be used for launching and recovering boats by Members and Associate Members. Guests’ boats may be launched at the dock area and their vehicles may be parked in the dock area only when accompanied at all times by a Member or Associate Member, and only if their use of the launch and parking areas does not impede reasonable access by Members and Associate Members.
     7.1.7.2. Do not block the launching ramp at the dock after your boat is in the water. Park trailers and vehicles so that they do not impede others’ launching and recovering of their boats.
     7.1.7.3. Do not tie boats to the dock or moor boats near the launch area so as to obstruct the launching of other boats.
     7.1.7.4. Boats and vehicles should not be parked in the dock area for a period in excess of 48 hours. A request to park a vehicle in the dock parking area for more than 48 hours may be made by contacting a member of the Board of Directors.
     7.1.8. Use of Golf Carts and Utility Vehicles on Community Property. Golf carts and utility vehicles, as defined by Virginia State laws and regulations, may be operated on Community Property only on paved or otherwise designated roadways and parking areas. ATVs, as defined by Virginia State laws and regulations, are not permitted on Community Property at any time. Members and Associate Members should be aware of Virginia State and Fairfax County laws and regulations governing use of any of these vehicles on public roads. 
 
7.2. Architectural Guidelines
 
     7.2.1. The following guidelines are in addition to the restrictions contained in Articles 6 and 7 of the Association’s Covenants. The Board will follow the Fairfax County Zoning Ordinance wherever applicable. Any of the following guidelines that may be less restrictive than existing statutes or Fairfax County requirements shall be superseded by the County requirement.
     7.2.2. No property shall be used for storage of commercial equipment or construction equipment, unless approved by the Board of Directors.
     7.2.3. Each house shall be designed and equipped for year-round residency.
     7.2.4. No house in any one block (both sides of the street) shall be a duplicate in exterior architectural design. Architectural variety is encouraged, but extreme or garish external treatment will not be approved.      7.2.5. No house shall present an appearance from the street of more than two stories in height above the finished ground level. Attics with dormers are not considered to be third stories.
     7.2.6. Design and construction of riverfront houses should anticipate substantial rise in river water level in the event of a hurricane. A rise in river level of 8 feet plus 4 feet for waves, or a total of 12 feet is suggested as a prudent minimum level for living space.
     7.2.7. Property owners are encouraged to park vehicles in prolonged storage out of public view.
     7.2.8. Driveways shall provide space for off-street parking for at least four cars.
     7.2.9. Stockade, solid board fencing, and chain link fencing are not allowed. Existing fences, solid board, chain-link and stockade fences must be maintained or removed. Any board fencing must avoid a stockade appearance.
     7.2.10. Fences along the street and between the street and front of the house shall not be more than 4 feet high. Note: Corner lots are deemed to have two fronts. Fences along property lines between the front of the house and the rear property line, and fences along the rear property lines, shall not be over 6 feet high. Fences on waterfront lots shall not block the view of adjacent property owners.
     7.2.11. Properties with proposed or existing swimming pools shall conform to both of the above guidelines and appropriate Fairfax County Code requirements for fencing of pools.
     7.2.12. New screening plants or new landscaping on waterfront lots shall not substantially or unreasonably block the adjacent property owners’ water view.
     7.2.13. Modifications of lot drainage must conform to Fairfax Country Codes and be submitted to the Board for approval. Each lot owner is responsible for maintaining adequate drainage along the street frontage and along the perimeter of their property.
     7.2.14. For its review of new house construction, the Board shall be furnished a set of plans and specifications for the house and a plot plan which collectively show, among other things, final grade, the materials to be used, exterior color schemes, garage, driveways, terraces, open porches, accessory structures, walls, fences, and landscaping. This set of plans shall correspond to plans submitted to Fairfax County. Note: The Board will retain submitted plans.
     7.2.15. Plans for new docks, or new structures on docks, shall be provided to the Board for review. The proposed dock shall not cross the projected boundary lines of the adjacent properties. Deteriorated or damaged docks shall be repaired or removed within a reasonable time. Docks must conform to all State, local, and/or Federal requirements.
     7.2.16. Plans for any major exterior additions or alterations to an existing house, structure, fencing, dock, accessory structures or uses, or major planting or landscaping, including large-scale clearing of trees and vegetation, shall require submission to the Board for review and approval prior to beginning the project. Members seeking approval of such projects shall submit a set of plans and specifications, or a plot plan and sketches, sufficient to give the Board a clear understanding of the nature, scope, and architectural treatment of the proposed work. The Board does not require review of minor exterior alterations or modifications of existing houses, structures, fencing, docks, or landscaping, such as new shutters, replacement garage doors, repainting, and similar minor changes
 
     7.3. Restrictions on use of community-wide emails. The Association’s community-wide email list may not be used to distribute partisan political information. The system may be used to distribute information about elections and other events of a bi-partisan or multi-partisan nature. Emails regarding illegal activities or containing offensive language will not be distributed. 
 
     7.4. The Board of Directors may propose amendments or modifications of the rules and guidelines set forth in this Article. Any proposed amendment or modification must be approved by a majority vote of the Members in Good Standing present or represented by proxy at a regular or special meeting of the Members at which a quorum is present.
 
ARTICLE 8 - DURATION AND AMENDMENT OF THE BYLAWS
 
     8.1. Members and Associate Members are encouraged to seek to resolve issues or disagreements with respect to the matters covered in these Bylaws before seeking Board involvement. 
 
     8.2. These Bylaws shall remain in effect concurrent with the Association’s Covenants and may be changed by a majority vote at any meeting of the Members where a quorum exists. Notice of intent to propose changes to the Bylaws must be provided to all Members at least 30 days in advance of any such meeting.
 
Exhibit A
 
DEFINITIONS
 
1.1. “Association” shall mean the Hallowing Point Association, Inc., a non-stock, nonprofit Virginia corporation, and its successors in interest and assigns.
 
1.2. “Board” or “Board of Directors” shall mean and refer to the Board of Directors of the Hallowing Point Association, Inc.
 
1.3. “Community Property” shall mean all property and “reserved land”, and improvements thereon, owned by the Association and controlled and managed by the Board of Directors of the Association for the use and enjoyment of the Members.
 
1.4. “Hallowing Point” shall mean, as of the date of recordation of the Association’s Covenants, and refer to the real property located in Sections 1, 3, 4, and 5 of the Hallowing Point River Estates Subdivision in Fairfax County, Virginia, and those parcels of real property located in Section 2 of such Subdivision at 5700, 5820, 5908, 5916, and 5920 Hallowing Drive, as described in Exhibit A of the Covenants, and including, after the date of recordation of the Association’s Covenants, any additional property subject to this Declaration as provided in Article 2 of the Covenants.
 
1.5. “Lot” shall mean any plot or parcel of land, dedicated to residential use and exclusive of Community Property, that is included in Hallowing Point, as defined in paragraph 1.4 hereof.
 
1.6. “Owner” or “Lot Owner” shall mean each owner of record of fee simple title to, or an undivided fee simple interest in, a Lot, provided that any person or entity who holds such interest merely as security for the performance of an obligation shall not be a Member.
 
1.7. “Member” shall mean the Owner(s) of a Lot.
 
1.8. “Associate Member” shall mean a non-Owner resident of Hallowing Point, including, without limitation, (a) members of an Owner’s household residing with the Owner(s) in Hallowing Point, or (b) persons who reside in Hallowing Point as tenants of an Owner.
 
1.9. “Member in Good Standing” shall mean a Member whose Association dues and assessments are no more than thirty (30) days in arrears.
 
1.10. “Associate Member in Good Standing” shall mean an Associate Member whose Association dues and assessments for the Lot(s) on which he resides are no more than thirty (30) days in arrears.