The following terms shall have the following meanings and all definitions shall be applicable to the singular and plural forms of such terms:

 

1.1 ACC shall mean the Architectural Control Committee provided for in Article 11.

 

1.2 Act means the Washington Uniform Common Interest Ownership Act, RCW Ch. 64.90, as may be amended from-time to time.

 

1.3 Allocated interest(s) means the common expense liability and the votes in the Association allocated to each Lot, which shall be an equal share per Lot.

 

1.4 Assessment(s) shall mean all assessments imposed pursuant this Declaration, including fines or fees levied or imposed by the Association pursuant to the Governing Documents, interest and late charges on any delinquent account, and all costs of collection incurred by the Association in connection with the collection of a delinquent account, including reasonable attorneys' fees.

 

1.5 Association shall mean Rosewood Estates, which shall be incorporated as a nonprofit corporation in accordance with the Act, its successors and assigns.

 

1.6 Association Lien shall mean a lien in favor of the Association imposed pursuant to this Declaration.

 

1.7 Board shall mean and refer to the Board of Directors of the Association, as provided for in this Declaration.

 

1.8 Budget shall mean the operating budget for the Association adopted pursuant to this Declaration.

 

1.9 Building shall mean any of the detached buildings on the Property.

 

1.10 Bylaws shall mean the bylaws of the Association.

 

1.11 Committee shall refer to any committee of the Association created by the Governing Documents or the Board.

 

1.12 Common Elements shall mean the following tracts, and any Improvements located thereon: TRACTS A, B, C, D, E & F

 

1.13 Common Expenses shall mean all costs and expenses incurred by the Association, including, but not limited to, allocations to reserves allocated to all of the Owners in accordance with common expense liability.

 

1.14 County shall mean King County, Washington, including the employees and agents thereof.

 

1.15 Dealer shall mean a person who, together with such person's affiliates, owns or has a right to acquire either six or more units in a common interest community or fifty percent or more of the units in a common interest community containing more than two units.

 

1.16 Declarant shall mean and refer to Union Hill Developers, LLC, a Washington limited liability company, or any Successor Declarant under Section 3.2.

 

1.17 Declaration shall mean this Declaration and Covenants, Conditions and Restrictions.

 

1.18 Development Period shall mean and refer to that period of time defined in Section .3.1. of this Declaration.

 

1.19 First Mortgage and First Mortgagee shall mean, respectively, (a) a recorded mortgage on a Lot that has legal priority over all other Mortgages thereon, and which is held by an Institutional Lender, and (b) the holder of a First Mortgage which is an Institutional Lender.

 

1.20 Governing Documents means this Declaration; the Plat, Survey Map and Plans, Association Rules, and the Articles and Bylaws of the Association, all as amended from time to time.

 

1.21 Improvement shall mean all Structures and appurtenances thereto of every kind, whether above or below the land surface, including but not limited to, buildings (including Residenc0), garages, utility systems, walkways, driveways, parking areas, loading areas, landscaping items, swimming pools, sports courts, fences, walls, decks, stairs, poles, landscaping vegetation including street trees, irrigation systems, stormwater facilities, streets, signs, exterior fixtures, recreational facilities, play structures, lighting including without limitation street lighting, paving, striping, curbs, picnic structures and any other Structure of any kind.

 

1.22 Institutional Lender shall mean one or more commercial or savings banks, savings and loan associations, trust companies, credit unions, industrial loan associations, insurance companies, pension funds or business trusts, including, but not limited to real estate investments trusts, any other lender regularly engaged in financing the purchase, construction, or improvement of real estate, or any assignee of loans made by such a lender, or any private or governmental institution which has insured the loan of such a lender, including Federal Mortgage Agencies, or any combination of any the foregoing entities.

 

1.23 Lot shall mean each of the lots designated any plot of land shown upon any recorded subdivision maps of the Property, but excluding the lettered and numbered Tracts. The Subdivision shall consist of 8 Lots.

 

1.24 Majority Vote shall mean a vote of the holders of more than 50% of the total number of votes allocated to the Lots in accordance with Section 2.3 below.

 

1.25 Mortgage shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot.

 

1.26 Mortgagee shall mean the beneficial owner, or the designee of the beneficial owner, of an encumbrance on a Lot created by a mortgage or deed of trust and shall also mean the vendor, or the designee of a vendor, of a real estate contract for the sale of a Lot.

 

1.27 Occupant shall mean a lessee or licensee of an Owner or any other person or entity, other than an Owner, in lawful possession of a Lot, or a portion of a Lot, with the permission of the Owner.

 

1.28 Owner shall mean and refer to record owner (whether one or more persons or entities) of a fee interest in any Lot, including the Declarant, but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors.

 

1.29 Person shall include natural persons, and legal entities of all kinds.

 

1.30 Plat shall mean and refer to the approved plat of Rosewood Estates, contained therein recorded in volume 286 of Plats, pages 095 through 098 under King County Recording Number 20190116000115 and any additions that may be made pursuant to Section 3.5 hereof.

 

1 31 Property shall mean and refer to the real property described with particularity in Exhibit A and such additions to that Property which may hereafter be brought within the jurisdicti6n of the Association.

 

1.32 Public Offering Statement shall mean the document mandated by RCW 64.90.605.

 

1.33 Residence shall mean and refer to a residential structure occupying any Lot.

 

1.34 Structure shall mean any building, fence, wall, driveway, walkway, patio, garage, storage shed, carport, mailboxes, rockery, or the like.

 

1.35 Subdivision shall mean the Property and all improvements thereto.

 

1.36 Survey Map and Plans shall mean the survey map and plans filed simultaneously herewith, depicting the Subdivision as-built.

 

1.37 Tracts shall mean all parcels of land so designated on the Plat but excluding any such tract dedicated to King County.