Definitions

Use of capitalized terms in the pages of this website, unless otherwise defined herein, refer to defined terms in the Amended and Restated Bylaws for the Big Sky Owners Association, Inc. dated January 18, 2008 and recorded in the offices of the Clerk and Recorder for Gallatin (Document #2290050, January 25, 2008) and Madison Counties (Document #124479, February 11, 2008) and as subsequently amended.

Definitions

Adjacent Property or Properties- refers to Property that shares a common boundary with the subject Property, as well as, any Property that is located directly across a street, common area, open space or water course or as determined by the BSAC relative to the type of project proposed.

Association (or commonly referred to as the “BSOA”)- refers to the Big Sky Owners Association, Inc., a Montana nonprofit corporation operating pursuant to §35-2-113, et. seq., MCA, its successors or assigns.

Association’s Jurisdiction (or commonly referred to as the “BSOA’s Jurisdiction”)- refers to the jurisdiction of the Association as set forth in the Bylaws, Exhibit A.

Big Sky Fire Chief- refers to the chief of the Big Sky Fire Department.

Building Envelope- refers to a designated area as indicated on a Plat or within the Covenants wherein all structures may be built.

Commercial- a structure used primarily for commercial uses, but may contain one or more Dwelling Units.

County- refers to either Gallatin County or Madison County in the State of Montana.

Covenants- refers to a declaration of protective covenants, inclusive of condominium declarations, that are recorded in the Public Records and applicable to real property within the Association’s Jurisdiction.

Detached Structures – refers to any other building on the Property that does not share a common wall or common contiguous roof with the main residence or structure. Detached Structures can include but are not limited to: garages, barns guest houses or guest units.

Dwelling Unit – a structure or portion thereof providing permanent cooking, eating, sleeping and living facilities for one family and any resident domestic employee.

Master Sign Plans- refers to a sign plan for a residential or commercial development that is approved by Gallatin County in accordance with the Zoning Regulation.

Multi Family Dwelling – a structure or portion thereof used for occupancy by three or more families living independently of each other in three or more Dwelling Units, that may or may not be subject to the Montana Unit Ownership Act, §70-23-101 et. seq., MCA. Examples of these types of structures in the Association’s Jurisdiction are: Cedar Creek Condominiums, Elkhorn Creek Lodges, and Broadwater I Condominium.

Property- refers to a Unit, Lot or Tract that is within the Association’s Jurisdiction.

Single Family Condominium- a freestanding structure or a duplex consisting of no more than two Dwelling Units that is subject to the Montana Unit Ownership Act, §70-23-101 et. seq., MCA. Examples of these types of structures in the Association’s Jurisdiction are: the Brownstone Condominiums, Fairways at Big Sky, Townhomes at Crail Ranch and the Pinnacle Condominium, but not Broadwater I Condominium.

Single Family Dwelling- one freestanding Dwelling Unit.

Setback(s)- the designated distance from the Property boundary within which no improvements may be built. Setbacks can be established on Plats, in Covenants or the Zoning Regulation. The stricter setback will apply.

Sub-association- refers to the other owner associations (i.e., subdivision or condominium) within the Association’s Jurisdiction.

Zoning Regulation(s)--‐refers to the zoning regulations adopted for the Gallatin Canyon/ Big Sky Zoning District on July 30, 1996 (Gallatin County Commission Resolution 1996-38) and as subsequently amended.

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