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DECLARATION
AND
COVENANTS, CONDITION AND RESTRICTIONS
FOR ROSEWOOD ESTATES
TABLE OF CONTENTS
Article I DEFINITIONS
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
Article 2 HOMEOWNERS' ASSOCIATION
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
Article 3 MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT PERIOD
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
Article 4 TRANSITION OF MANAGEMENT TO ASSOCIATION
4.1 Notice of Transition Meeting
4.2 Transfer of Property
4.3 Transition Audit
Article 5 BOARD OF DIRECTORS, OFFICERS, AND COMMITTEES
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
Article 6 BUDGETS AND ASSESSMENTS
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
Article 7 RESERVE STUDY AND ACCOUNTS
7.1 Reserve Study
7.2 Reserve Account
7.3 Owner's Demand for Reserve Study
7.4 Immunity from Liability
Article 8 COVEYANCE OF COMMON ELEMENTS AND EASEMENTS
8.1 Conveyance of Common Elements
8.2 Association to Maintain Common Elements
8.3 Easements
8.4 Storm Drainage and Maintenance Easement
Article 9 ADMINISTRATION, USE AND MAINTENANCE OF COMMON ELEMENTS
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
Article 10 USE AND MAINTENANCE OBLIGATION OF OWNERS
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
Article 11 ARCHITECTURAL CONTROL
11.1 Construction and Exterior Alteration or Repair
11.2 Sales Facilities of Declarant
11.3 Variances
11.4 Appeals
Article 12 COMPLIANCE WITH GOVERNING DOCUMENTS
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
Article 13 LIMITATION OF LIABILITY
13.1 Liability for Utility Failure, Etc
13.2. No Personal Liability
13.3 Indemnification of Board Members
13.4 Legal Proceedings
Article 14 INSURANCE
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
Article 15 DAMAGE OR DESTRUCTION; CONDEMNATION
15.1 Common Elements
15.2 Residence
15.3 Condemnation
Article 16 AMENDMENTS TO GOVERNING DOCUMENTS
16.1 By Declarant
16.2 By the Board
16.3 By Owners
Article 17 MORTGAGEE PROTECTION
17.1 Notices
17.2 Effect of Declaration Amendments
17.3 Inspection of Books
17.4 Priority
Article 18 MISCELLANEOUS
18.1 Notices for All Purposes
18.2 Severability
18.3 Assignment by Declarant
EXHIBIT A - Description of Real Estate
EXHIBIT B - Common Fence Design Standards