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f Ownership Act, and the Developer intends that the Property and the Association will remain outside the scope of this Act. For good and valuable consideration, the Developer declares as follows: ARTICLE 1 DEFINITIONS The following words when used in the Governing Documents have the following meanings (unless the context indicates otherwise): 1.0 "Additional Real Estate" shall mean the real property, including all improvements located thereon now or in the future, which property Developer has the right to add to the Development and make it subject to this Declaration and which real property is described on the attached Exhibit B. 1.1 "Alterations" means any structure (including a Dwelling), building, addition, deck, patio, fence, wall, garage, swimming pool, antennae, enclosure, window, exterior door, sign, display, decoration (other than a temporary decoration in place for no more than two consecutive months), color change, shrubbery, topographical or landscaping change, or any other exterior improvements to or on a Lot or alteration of any Dwelling or any `• other part of a Lot which is visible from the exterior of the Dwelling. 1.2 "Association" means Trailside Estates Homeowners Association, a Minnesota nonprofit corporation whose members consist of all Owners. 1.3 "Board" means the Association's Board of Directors as provided for in the Bylaws. 1.4 "B aws" means the bylaws governing the Association's operation, as they may be amended. 1.5 "Common Elements" means all of the property contained in the Development, except for(i)the Lots, (ii) any roads or trails dedicated to the public, or(iii) any other property dedicated to the public. The Common Elements will include, without limitation, all of the real property legally described as such on the attached Exhibit A, and all open space, parks, trails, holding ponds, entrance signs, and the street lights, which are part of the Development, or the Additional Real Estate, if any. 1.6 "Common Expenses" means and include all expenditures made or liabilities incurred by or on behalf of the Association and incident to its Meptember 5, 2006:02006 08 31 F:\PIETA\19936\001\1)eelardtion.wpd ctq