DECLARATION 
AND 
COVENANTS, CONDITION AND RESTRICTIONS 
FOR ROSEWOOD ESTATES
 
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("Declaration") is made on this 30th day of April, 2019, by Union Hill Developers, LLC, a Washington limited liability company, referred to herein as "Declarant", which is the owner of a portion of certain real property now known as "Rosewood Estates," situated in King County, Washington, and legally described in Exhibit A hereto ("Property"). The Property is a Plat Community as defined in the Washington Uniform Common Interest Ownership Act, RCW Ch. 64.90.
 
The Declarant has created a non-profit corporation known as the Rosewood Estates Association ("Association"). The Association shall be delegated and assigned the duties and powers of owning, maintaining, and administering any and all Common Elements and related facilities in the Subdivision, administering and enforcing these covenants, conditions and restrictions, and collecting and disbursing the assessments and charges hereinafter created. The Association shall also have the right and power to promulgate rules and regulations ("Association Rules") which may further define and limit permissible uses and activities consistent with the provisions of this Declaration.
 
NOW, THEREFORE, Declarant hereby declares that the Property, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments and liens hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the Property, and shall be binding on all persons having any right, title or interest in all or any portion of the Property, their respective heirs, legal representatives, successors, successors-in-title and assigns and shall inure to the benefit of each and every owner of all or any portion thereof.
 
TABLE OF CONTENTS
 
1.1 ACC
1.2 Act
1.3 Allocated interest(s)
1.4 Assessment(s)
1.5 Association
1.6 Association Lien
1.7 Board
1.8 Budget
1.9 Building
1.10 Bylaws
1.11 Committee
1.12 Common Elements
1.13 Common Expenses
1.14 County
1.15 Dealer shall mean
1.16 Declarant
1.17 Declaration
1.18 Development Period
1.19 First Mortgage and First Mortgagee
1.20 Governing Documents
1.21 Improvement
1.22 Institutional Lender
1.23 Lot
1.24 Majority Vote
1.25 Mortgage
1.26 Mortgagee
1.27 Occupant
1.28 Owner
1.29 Person
1.30 Plat
1.31 Property
1.32 Public Offering Statement
1.33 Residence
1.34 Structure
1.31 Subdivision
1.36 Survey Map and Plans
1.37 Tracts
 
2.1 Non-Profit Corporation
2.2 Membership
2.3 Voting
2.4 Meetings
2.5 Bylaws of Association
2.6 Powers of the Association
2.7 Records
2.8 Examination of Records
 
3.1 Development Period
3.2 Assignment of Declarant Rights
3.3 Expenditures During Development Period
3.4 Special Declarant Rights
3.5 Other Declarant Rights
3.6 Limitation of Declarant's Rights
3.7 Termination of Development Rights
 
4.1 Notice of Transition Meeting
4.2 Transfer of Property
4.3 Transition Audit
 
5.1 Management of Association
5.2 Board Members
5.3 Organizational Board Meeting
5.4 Removal of Board Members
5.5 Vacancies
5.6 Compensation
5.7 Board Meetings
5.8 Officers
5.9 Committees
5.10 Fidelity Bonds
 
6.1 Budget Preparation
6.2 Ratification of Budget
6.3 Supplemental Budget/Special Assessment
6.4 Assessment of Budgeted Common Expenses Against Lots
6.5 Purpose of Assessments
6.6 Commencement of Assessments
6.7 Omission of Assessment
6.8 Capitalization of Association
6.9 Special Assessments
6.10 Only Some Lots Benefitted
6.11 Insurance Costs
6.12 Utility Costs
6.13 Assessments for Judgment
6.14 Owner Misconduct
6.13 Reallocation
6.16 Association Funds
6.17 Account Reconciliation
6.18 Lien For Assessments
6.19 Owner Liability
6.20 Late Charges
6.21 Attorneys' Fees
6.22 Assessment Certificate
6.23 Acceleration of Assessments
6.24 Delinquent Assessment Deposit
 
7.1 Reserve Study
7.2 Reserve Account
7.3 Owner's Demand for Reserve Study
7.4 Immunity from Liability
 
8.1 Conveyance of Common Elements
8.2 Association to Maintain Common Elements
8.3 Easements
8.4 Storm Drainage and Maintenance Easement
 
9.1 Association Responsibility for Maintaining Common Elements
9.2 Use of Common Elements
9.3 Repair of Damaged Improvements in Common Elements
9.4 Alteration of the Common Elements
9.5 Fences, Landscaping, Etc.
9.6 Dumping in Common Elements
9.7 Management
 
10.1 Maintenance of Lots
10.2 Residential Use
10.3 Restriction on Further Subdivision.
10.4 Rental Lots
10.5 Zoning Regulations
10.6 Business Use
10.7 Building Setback Requirements
10.8 Oil and Mining Operations
10.9 Catch Basin
10.10 Lot Size
10.11 Garages
10.12 Square Footage
10.13 Mobile or Manufactured Housing
10.14 Driveway Standards
10.15 Parking
10.16 Roof
10.17 Exterior Finish
10.18 Utilities
10.19 Antenna
10.20 Fencing
10.21 Fireplace Chimneys
10.22 Garbage and Refuse
10.23 Games and Play Structures
10.24 Construction of Significant Recreation Facilities
10.25 Livestock and Poultry
10.26 Landscaping
10.27 Signs
10.28 Temporary Structures
10.29 Completion of Construction
10.30 Easements
10.31 Use During Construction
10.32 Excavations
10.33 Nuisances
10.34 Clothes Lines, Other Structures
10.35 Common Drives
10.36 Building Height
10.37 Storm Runoff
 
11.1 Construction and Exterior Alteration or Repair
11.2 Sales Facilities of Declarant
11.3 Variances
11.4 Appeals
 
12.1 Strict Compliance
12.2 Failure to Insist on Strict Performance Not a Waiver
12.3 Enforcement Procedures 
12.4 Internal Enforcement Procedures
12.5 Judicial Enforcement
12.6 Imposition of Fines
12.7 Enforcement Against Occupants
 
13.1 Liability for Utility Failure, Etc
13.2. No Personal Liability
13.3 Indemnification of Board Members
13.4 Legal Proceedings
 
14.1 General Requirements
14.2 Property Insurance
14.3 Liability Insurance
14.4 Insurance Trustee; Power of Attorney
14.5 Additional Policy Provisions
14.6 Fidelity Bond/Directors and Officers Insurances
14.7 Owner's Insurance
 
15.1 Common Elements
15.2 Residence
15.3 Condemnation
 
16.1 By Declarant
16.2 By the Board
16.3 By Owners
 
17.1 Notices
17.2 Effect of Declaration Amendments
17.3 Inspection of Books
17.4 Priority
 
18.1 Notices for All Purposes
18.2 Severability
18.3 Assignment by Declarant