The Tidewater Homeowners' Association was formed for the purposes of, among other things, owning and/or maintaining property or facilities of the Association in the overall Tidewater at New Albany community for the benefit of the owners of property in the overall Tidewater at New Albany community and for administering and enforcing the terms and conditions of the Declaration.

Each owner of property that has been or is subjected to the Declaration is or will be, as required by the specific provisions of the Declaration, a mandatory member of the Association. The owners support property or facilities of the Association through membership and the payment of fees and assessments.

The Association's Board of Directors (the ''Board'') has acknowledged that Tidewater at New Albany is a ''planned community," that the Association is an ''owners association'' and that the attached Code of Regulations are the ''bylaws'' of the Association, as each of those terms have been defined and are to be understood pursuant to the provisions of Section 5312.02(D)(I) of the Planned Community Act.