DEClARATION OF COVENANTS, CONDffiONS AND RESTRICTIONS
1Q:t'Uf"\ ~~
. This Declaration of Covenants. Conditions, and Restrictions for .pLf't£( 2.&./!; (theIIDe.c1aration") is made this t, *" day of ~~~ . 1996, by Sunear Development
Company, an Arizona corporation (th~ 'Declarant!!).
1.1 If Annual Assessment" means the assessments levied against each Lot, and theOwner thereof, pursuant to Section 6.2 of this Declaration. .
1.2 "Areas of Association Re'~' means (i) all Common Area; (ii) all land,
and th~ Improvem~nts situated thereon, situated within the boundaries of a Lot which theAssociati'on acknowledges in a recorded document is land which is to be improved,
maintained, repaired and replaced by the Association; and (Hi) all real property, and theImprovements situated thereon, within the Project located within dedicated rights~of~waywith respect to which the State of Arizona or any county or- municipality has not accepted
responsibility for the maintenance ther«)f, but only until such time as the State oL~rizona
or any county or municipality has accepted all responsibility for the maintenance; repair andrenlacement of such areas.-
1.3 "Articles" means the Articles of Incorporation of the Association, as they may
from time to time be amended.
1.4 ","Assessment" means an Annual Assessment or Special Assessment.
"Assessment Lien" means the lien created and imposed by Article15Declaration.
1.6Declaration.
rAss'essment Period""
1.7 n Associati9n" I1)eans the Arizona nonprofit corporation to be organized byDeclarant to administer and enforce the Project Documents and to exercise the rights,powers and duties set forth therein, and its successors and assigns. Declarant intends to
;$S~W1"1'OD90F.WfS.o~.:s)
~
.
FOR
TATOM RANCH PARCEL 24B
AR TI CI..E 1
D EF1NITI 0 NS
Article 6 of this
means the period set forth in Section 6.5 of this
organize the Association under the name of "Tatum Ranch Parcel 24B Homeowners
Association,lI but Declarant reserves the right to organize the Association or conductbusiness under such other name as the Declarant d.eems appropriate.
1.8 II Association Rules" means the rules adopted by the Board pursuant to Section5.3 of this Declaration, as they may from time to time be amended.
1.9 "Board" means the Board of Directors of the Association.
1.10 "Builder" means SunCor Homes, Inc., dba Golden Heritage Homes, anArizona corporation, and its successors and assigns.
1.11 "Bulk Provider' means a private, public or quasi-public utility or othercompany which provides, or proposes to provide, cable television,. community satellite
television, -or other electronic entertainment, infonnation or communication services to Lotswith the Property, or within one or more portions thereof, pursuant to a "Bulk ServiceAgreement" (as deflI1ed below).
1.12 "Bulk Service.Agreement" means an agreement between the Association anda Bulk Provider. pursuant. to which the Bulk Provider would provide cable television,community satellite television or other electronic entertainment, information orcommunication services to Lots within the Property, or within one or more portions thereof.
1.13 "Bvlaws" means the Bylaws of the Association, as they may from time to timebe amended. .
1.14 "Common Area" means: (a). the real property designated as Tra'cts A, 'B, C,
D, E, F, G, H, I, J, ~ L on the Plat; (b) all land, and the Improvements situated thereon,
within the Project which the Declarant indicates on a Recorded subdivision plat, Tract
Declaration or other Recorded instrument. is to be conveyed to the Association for the.benefit and use oi the Members; and (c) all land, and the Improvements situated thereon,which is adjacent to the Project which the Declarant indicates on a Recorded subdivisionplat, Tract -Declaration or other Recorded instrum~nt is to be used for landscaping,drainage or w~ter retention or flood control for the benefit or the Project or the generalpublic and which is to be maintained, repaired and replaced by the Association.
1.15 "Common Expenses" means expenditures made by or financial liabilities of theAssociation, together with any allocatio~ to reserves. .
. 1.16 "Dec1arant~ means Suncor Development Company, an Arizona corporation,its successors and any person or entity to whom it may expressly assign any or all of itsrights under this Declaration.
,Wu.&1'PPGD90'. WI'~
an
2
1.17 "Dec1arant Affiliate" means any person directly or indirectly controlling,controlled by or under common control with the Declarant, and shall include, withoutlimitation, any general or limited parti.iership, limited liability company, limited liabilitypartnership or corporation in which the Declarant (or other Declarant Affiliate) is 8: generalpartner, managing member or controlling shareholder.
1.18 "D~1aratioI}" means this Declaration of Covenants,Restrictions, as it may be amended from time to time.
1.19 "Improvement" means any Residential Unit, building, fence, wall Of other
structure or any swimming pool, road, driveway, parking area or any trees, plants, shrubs,grass or other landscaping improvements of every type and kind.
1.20 "Lessee" means -the lessec~ or tenant under a lcase~ oral or written, of any Lot~
including an assignee of a lease. -
1.21 "u,t" means each parcel of real property designated as a lot on the Plat and,where the context indicates or requires, shall include any Residential Unit, building, structureor other Improvements situated on the Lot. .
1.22 "Maintenance Standard" means the standard of maintenance of Improvementsestablished from time to time by the Board or, in the absence of any standard established
by the Board, the standard of maintenance of Improvements ~enerally prevailing throughou tthe Project.
1.23 "Master Association" means Tatum Ranch Community .Association, an Arizonanonprofit corporation, organized pursuant to the provisions of the Master Declaration.
1.24 "Master Declaration" means the Second Amended and Restated Dec1aratjonof Covenants, Conditions and Restrictions for Tatum Ranch recorded at Recording No. 88-625068, records of Maricopa County, Arizona) as such Declaration may be amended from
time to time.
1.25 "Member" means any Person who is a Member of the Association.
1.26 "Owner" means the record owner, whether one or more Persons, of beneficial
or equitable title (and legal title if the same has merged with the beneficia] or equitable title)
to the fee simple interest of a Lot. Owner shall not include (i) Persons having an interestin a Lot merely as security for the performance of an obligation, or (ii) a Lessee. Ownershall include a purchaser under a contract for the conveyance of real property subject to theprovisions of AR.S. § 33-741 et. seQ. Owner shall not include an obligation under an optionto purchase (unless and until the option has be-en exercised and then only as to the Lots forwhich the option has been exercised), a purchaser under a purchase contract and receipt,
:lS523-61PmD9~.~"36
Conditions, and
3
~~
escrow instructions or similar executory contracts which are intended to control the rightsand obligations of the parties to the e;xecutory contracts pending the closing of a sale orpurchase transaction. In the case of L:>ts the fee simple title to which is vested in a trusteepursuant to Arizona Revised Statutes, Section 33-801, et seq., the Trustor shall be deemedto be the Owner. In the case of L:>ts the fee simple title to which is vested. in a trusteepursuant to a subdivision trust agreemcmt or similar agreement, the beneficiary of any suchtrust who is entitled to possession of the trust property shall be deemed to be the Owner.
.1.27 "Person" means a natural person, corporatio~ limited liability companybusiness trust, estate, trust, partnership, association,jointventure, government, governmentalsubdivision or agent.)', or other legal or commercial entity.
1.28 "Plat" means the plat of record, Tatum Ranch Parch 24B, recorded in Book386, page 33, records of Maricopa Cmmty, Arizona, and all amendments, supplements andcorrections thereto, and any subdivision plat recorded against all or any part of theAdditional Property, and all amendme:nts, supplements and corrections thereto.
1.29 "Propertv" or "Project" means the real property described on Exhibit A
attached to .this Declaration together with all Improvements located thereon.
1.30 'IProiect Documents" me,ans this Declaration, the Articles, the Bylaws, and theAssociation Rules. .
1.31 "Purchaser" means any Person, other than the Declarant or the Builder, who
by means of a voluntary transfer becomes the Owner of a Lot, except for (i) a Person whopurchases a Lot and then leases it to the Declarant for use as a model.in connection withthe sale or lease of other Lots or (ii) a Person who, in addition to purchashig a LDt, isassigned any or all of the Declarant's rights under this Declaration.
1.32 "Recordineu means placing an instrument of public record in the office of theCounty Recorder of Maricopa County, Arizona, and "Recorded" means having been so
. placed of public record.
1.33 "Resident" means each individual occupying or residing in any Residential Unit.
1.34 "Residential Unit" means any building, or portion of a building, situated upona Lot and designed and intended for itldependent ownership and for use and occupancy asa residence.
1.35 nSim!le FamUv" means :;1 group of one or more persons each related to theother by blood, marriage Of legal adoption, or a group of not more than three (3) persons
not all so related, who m-aintain a common household in a Residential Unit.
:W~PPI'OO9OP.WP~\>'.306 4
1.36 "Special Assessment" means any assessment levied and assessed pursuant toSection 6.4 of this Declaration.
recorded to establish a general, plan for the development and use of the Project in order toprotect and enhance tile value and desirability of the Project. Dec1arant declares that allof the property within the Project shall be held, sold and conveyed subject to ,this
Declaration. By acceptance of a deed or by acquiring any interest in arty of the property
subject to tms Declaration, each person or entity, for himself or itself, his or her heirs,
personal representatives, successors, tI'3.nsferees and assigns, binds himself, his or her heirs,personal representatives, successors, transferees and assigns, to all of the provisions,restrictions, covenants, conditions, rules, and regulations now or hereafter imposed by thisDeclaration and any amendments thereof. In addition, e~ch such person by so doing therebyacknowledges that this Declaration sets forth a general scheme for the development and useof the Property and hereby evidences his or her interest that all the restrictions, conditions,covenants, rules and regularions contained in tms Declaration shall run with the land and be
binding on all subsequent and future: Owners, grantees, purchasers, assigne~, lessees andtransferees thereof. Furthermore, each such person fully understands and acknowledg~ thatthis Declaration shall be II1uroally beneficial, prohibitive and enforceable by the Associationand all Owners. Declarant, its successors, assigns and grantees, covenants and agrees thatthe Lots and the membership in the ksociation and the other rights created by thisDeclaration shall not be separated or separately conveyed, and each shall be deemed to beconveyed or encumbered \Vith its respective Lot even though the description in theinstrument of conveyance or encumbrance may refer only to the Lot.
2.2 Disclaimer of Representations. Neither Declarant nor any Builder make any
representations or warranties' whatsoever that (i) the Project 'Will be completed in accordancewith the plans for the Project as they exist on the date this Declaration is recordedj (ii) anyProperty subject to this Declaration will be committed to or developed fora particular useor for any use; or (Hi) the use of any Property subject to this Declaration will not be changedin the future. In addition, if any guardhouses are constructed within the Project, neitherDeclarant nor any Builder make any representations or warranties that a guard service willbe provided or, if guard service is provided1 that it will be provided during any particularhours or be continued in the future. Nothing contained in this Declaration and nothingwhich may be represented to a purchaser by real estate brokers or salespersons representingthe Declarant or Builder shall be decIDed to create any implied covenants or restrictionswith respect to the use of any property subject to this Declaration or any part of theAdditional Property. \Vhile neither the Declarant, Declarant Affiliate or any builder believesthat any of the restrictive covenants contained in this Declaration is or may be invalid or
~2:).4I PI'POO9D1'.WPS ~9:J6
~~
unenforceable for any reason or to any extent, neither the Declarant! any Declarant Affiliateor any Builder makes any warranty or representation as to the present or future validity or
. enforceability of any such restrictive covenant. A.ny Owner acquiring a Lot or Parcel inreliance on one or more of such restrictive covenants shall assume all risks of the validityand enforceability thereof and by accepting a deed to the Lot or Parcel agrees to hold theDeclarant and all Declarant Affiliates and all Builders harmless therefrom.
,.
2.3 Master Association. TIle Project is part of a master planned communityknown as Tatum Ranch. The Project shall be subject to the terms and conditions of theMaster Declaration, the Articles of IncCJrporation and Bylaws of the Master Association andthe Architectural Guidelines or Design Guidelines of the AIchit~ctural Committee of theMaster Association, as such documents may be amended from time to time (collectively, the"Master Association Documentsll). Each Owner of a l.Dt will be obligated to payAssessments and other charges to the Master ksociation in accorda.nce with the MasterAssociation Documents. All Assessmcmts and other charges due to the Association underthe Project Documents shall be in aqdition to the assessments and other charges payable tothe Master Association. All consents required by this Declaration of the Board shall be inaddition to any consents required under the terms of the Master Declaration or the MasterAssociation Documents. In the eyc~nt of any conflict or inconsistency between therestrictions with respect to the use or occupancy of the Lots set forth in the MasterAssociation Documents and the restrictions set forth in Article 3 of this Declaration, themore restrictive provision shall control.
2.4 Withdrawal of PropertY. At any time on or before the date which is ten (10)
vears after the date this Declaration is recorded, the Declarant shall have the right to.withdraw property from the Project without the consent of any other Owner or person. A
withdrawal of all or any portion of the Project shall be affected by the Declarant recordingwith the County Recorder of Maricopa County, Arizona, an amendment to this Declarationsetting forth the legal description of the property being Vlithdrawn. Upon the withdrawalof any property from the Project pursuant to this Section, such property shall no longer besubject to any of the covenants, conditions or restrictions set forth in this Declaration.
2.5 Restriction on Liabilitv of the Association. Declarant or Build~r mayconstruct a guardhouse or gated entry on one or more of the streets providing access to theProject in order to limit access to the Project and to provide more privacy for the (Avnersand other occupants of Lots. Each ~vner and occupant, their families, guests and .invit~esacknowledge th~t any such guardhouse or gated entry may r~strict or delay entry into theProject by the police, the fire department, ambulances and other emergency vehicles orpersonnel. Neither the Declarant, the :Builder, the Association or any director, officer, agentor employee of the Declarant, the Builder or the Association shall be liable to any Owner
. or other occupant or their families, guests or invitees for any claims or damages resulting,directly or indirect]y, from the construction, existence or maintenance of. any such
guardhouse or gated entry.
~~""I'OOPDf .WP:s-q~p;.36 6
2.6 Convevance of Common Area to the Association. Within ten (10) days afterthe conveyance of the first Lot to a Purchaser, as evidenced by the recording of a deed in
the Official Records of Maricopa County, the Declarant shall cause the Common Area to
be conveyed to the ..Association by special warranty deed, free and clear of all liens.
3.1 Animals. Iv. used in this Section, the term "Permitted Pef' means a dog, cat,parakeet or similar household bird. No animal, bird, foV(l, poultry, reptile or livestock may
be kept on any Lot, except for two Permitted Pets if the Permitted Pets are kept, bred orraised thereon solely as domestic pets and not for commercial purposes. All Permitted Petsshall be confined to an Owner's Lot except that E. dog or cat may be permitted to leave anOwner's Lot if such dog or cat is at all times kept on a leash not to exceed six feet (6') inlength and is not permitted to enter upon any other Lot.
3.2 Parking. No automobile ~r other motor vehicle shall be parked on any r~a?
or street in the Project, except for automobiles or motor vehicles of guests of Owners which
may be parked on a road or street in the Project for a period of not more than forty. eight(48) hours. .
3.3 Towin~ ofVehfc1es. The Board shan have the right to have any truck, mobilehome, travel trailer, tent trailer, trailer, camper shell, detached camper, recreational vehic1e,boat, boat trailer or similar equipment or vehicle or any automobilc, motorcycle, motorbike,or other motor vehicle which is parked, kept, maintained, constructed, reconstructed orrepaired on a Lot or on the Cornman Area in violation of the Project Documents towedaway at the sole cost and expense of the owner of the vehicle or equipment. AIly expense
incurred by the Association in connection with the towing of any veWcle or equipment shallbe paid to the Association upon demand by the owner of the vehicle or equipment. If thevehicle or equipment is owned by an Ovmer, any amounts payable to the Association shallbe secured by the Assessment Lien, and the Association may enforce collection of suitamounts in the same manner provided for in their Declaration for the collection of
Assessment. Each Owner hereby grants an easement to the Association and its directors,officers, employees, agents and contractors to enter upon the OWner's Lot for the purposeof towing any truck, mobile home, travel trailer, tent trailer, camper shell, detached camper,recreational vehicle, boat, boat trailer or similar equipment or vehicle or any automobile,motorcycle, motorbike or other motor vehicle which is parked, kept, maintained, constructed,reconstructed or repaired on the Lot in violation of the Project Documents.
~~.~9'.36
Association
7
~
3.4 Variances. The Board may) at its option and in extenuating circumstances,grant variances from the restrictions set forth in this Micle 3 if the Board determines in itsdiscretion that (i) a restriction would create an unreasonable bardship or burden on anOvmer, Lessee or Resident or a change of circumstances since the recordation of thisDeclaration has rendered such restriction obsolete and (ii) that the activity permitted underthe variance will not have. any' substantial adverse effect on the Owners, Lessees andResidents of the Project and'is consistent with the high quality of life intended for residentsof the Project.
3.5 Chan~e of Use. Upon (i) adoption 'of a resoJution by th~ Board stating thatin the Board's opinion the then present use of a designated part of the Area of AssociationResponsibility is no longer in the best interests of the Owners and (ii) the approval of suchresolution by Members casting more than fifty percent (50%) of the votes entitled to be castby Members who are pres~nt in person or by proxy at a meeting du}y called for suchpurpose and who are entit1~d to use such A.rea of Association Responsibility under the termsof this Declaration, the Board shall have th~ power and right to change the use thereof (andin connection therewith, construct, recoonstruct, alter or change the buildings, structures andimprovements thereon in any manner deemed necessary by the Board to accommodate thenew use), provided such new use shall be for the benefit of the Owners and s,ba}} beconsistent with any zoning regu,lations restricting or limiting the use of the i\rea ofAssociation Responsibility. .
3.6 Gara~es and DrivewaYIi. Th~ interior of all garages or carports shall be
maintained in a neat, clean and sightly condition. Garages and carports shaH b~ used only
for the parking of vehicles and shaH not be used or converted for living or recreationalactivities without the prior Mitten approval of the Board.
4.1 Owners' Easements or Enfoyment.
4.1.1 Subject to the rights and easements granted to the Declarant andBuilder in Section 4.4 and 4.5 of this Declaration, every Member, and any person residingwith such Member, shall have the right to use the Common Area (including, but not limited
to, the right to use any private streets which may be part of the Common Area for ingress
and egress to the member's Lot) which right shall be appurtenant to and shall pass with thetitle to every Lot, subject to the follo'>0ng provisions:
- .(i) The right of the Association to dedicate, convey, transfer or
encumber the Common Area as provided in Section 5.11 of this Declaration.
~23-61I'P P;)0\>0, .W1's.~ P:36
ARTICLE 4
EASEMENTS
8
(ll) The right of the Association to regulate the use of the CommonArea through the ksociation Rules and to prohibit access to such portions of the Common
Area, such as landscap~d areas, not int~nded for use by the Ovmers, 'Lessees or Residents.-
(Hi) The right of the Association to suspend the x:ight of an Owner andsuch Owner's family, tenants and guests to use. the Common Area (other than the right ofthe Owner to use' any private streets which may be part of th~ Common Axea for-ingressand egress to the Owner's Lot) if such owner is more than fifteen (15) days delinquent inthe payment of Assessments or other amounts due to the Association or if tbe O'wvner hasviolated any other provisions of the Pmject Documents and has failed to cure such violationwithin fifteen (15) days after the Association notifies the Owner of the violation.
(iv) Any encroachment easement and right of exclusive use which e;dstspursuant to Section 4.5 of tlUs Declaration.
4.1.2 If a Lot is leased or rented by the Owner thereof, the Lessee and themembers of his or her family residing with such Lessee shal1 have the right to use the Corn-man Area during the term of the lease, and the Owner of such Lot shall have no right to
use the Cammon Area until the termination or expiration of such lease.
4.2 UtiHtv Easement. There is hereby created an easement upon, across, over andunder the Common Area and the Lots for reasonable ingress, egress, installation, replacing,repairing or maintaining of all utilities, including, but not limited to, gas, water, sewer, tele-
phone, cable television and electricity. By virtue of this easement, it shall be expressly
permissible for the providing utility company to erect and maintain the necessary equipmenton the Common Area or Lots but no sewers, electrical lines, water lines, or other utility or
service liries may be installed or located on the Common Area or Lots except as initially
designed, approved and constructed by the Dec1arant or as approved by the Board.
4.3 Easements of De_c1arant and Builder.
4.3.1 Declarant and Builder shall 'have the right and an easement to maintainsales or leasing offices, management offices and models throughout the Project and tomaintain one or more advertising signs on the Common Area while the Declarant or theBuilder is leasing or selling Lots. Declarant and Builder reserve the right to place models,management offices and sales and leasing offices on any Lots owned by them and on anyportion of the Common Area in such number, of such size and in such locations asDeclarant or Builder deems appropriate.
4.3.2 Declarant and Builder sha1l have the right and an easement on and overthe Areas of Association Responsibility to construct all Improvements the Declarant or
Builder may deem necessary and to use the Areas of Association Responsibility and any Lots
and ather property owned by Declarant or Builder for construction or renovation related
US23~PP0090P.~P:J6 9
purposes including the storage of tools, machinery, equipment, building materials, appliances,supplies and fixtures, and the performance of work respecting the Project.
4.3.3 D~clarant and Builder shall have the right and an eas~ment upon, over,and through the Areas of ksociation Responsibility as may be reasonably necessary for the.
. purpose of discharging its obligations and exercising the rights granted to or reserved by the
Declarant or Builder by this Declaration.
4.4 Easement in Favor of Association. The Lots are hereby made subject to thefollowing easements in favor of the Association and its directors, officers, agents, employeesand independent contractors:
4.4.1 For mspection of the Lots in order to verify the performance by Ownersof all items of maintenance and repair for which they are responsible;
4.4.2 For inspection, maintenance, repair and replacement of the keas ofAssociation Responsibility accessible only from such Lots;
4.4.3 For correction of emergency conditions in one or more Lots;
4.4.4 For the purpose of enabling the Association, the Board, or any othercommittees appointed by the Board to exercise and discharge their respective rights, powersand duties under the Project Document~;
4.4.5 For jnsp~ction of the Lots in order to verify that th~ provisions of th~Project Documents arc being complied with by the ONners, their guests, tenants, inviteesand the other occupants of the Lot.
4.5 Easement for Encroachments.
4.5.1 In (he event any Residential Unit or any patio adjacent to a Residentia1Unit or any driveway providing access to a Residential Unit or any Lot perimeter wall -orfence as initially constructed encroaches upon any Cammon Area, then an easement for theencroachment in favor of the Lot Owner shall exist, and the Lot Owner shaH also have aneasement over the Common Area for the purpose of repairing, maintaining and replacingthe portion of the Owner's Residential UnH, patio, driveway, wallar fence which encroaches
upon the Common Area. That portion of the Common Area subject to an easement forencroachmen t pursuant to this Section shall be for the exclusive use of the Owner of the Lotbenefitted by the easement.
4.5.2 In the event that any Common Arca improvement including, but notlimited to, any wall, building, road or sidewalk, as initial1y constructed encroaches upon anyLot, then an easement for the encroachment in favor of the Association shall exist, and the
~z.6I"P009O1'.WP~~296-9,34 10
~
Association shall also have an easement over that portion of the Lot on wlrich the..n , <>,. "'n'I"'T\t ...vi!!t\: TnI' tr... T"\1\rT'\/"'\!!" /"\f i,.;n n m ";nt~d,,;n a ~T\ n 'I',,".T\ 1 ~ ('in a t'h ~ nnrl;nn /"'\T""..""."'.."" ""... "",_.w ."". ..."" l"'-.r""w"" .""l"'-"'C' ."_U.-_U"e .""l"' O l"'-.-""" -.
the improvement that encroaches upon the Lot. That portion of the Lot subject to aneasement for the encroachment pursuant to this Section shall be for tbe exclusive use of theAssociation.
ARTICLE 5
THE ASSOCIATION: ORGANIZATION~ MEMBERSHIP
AND VOTING RIGHTS
5.1 Formation of Association. The Association shall be a nonprofit Arizonacorporation charged with the duties and invested with the powers prescribed by law and setforth in the Articles) Bylaws) and this Declaration. In the event of any conflict orinconsistency between this Declaration and the Articles, Bylaws, or Association Rules, thisDeclaration shall control.
.5.2. Board of Directors and Officers. The affairs of the Association shaH beconducted by the Board and such officers as toe Board may elect or appoint in accordance
with the Articles and the Bylaws. Unless the Project Documents specifically require the voteor written consent of the Members, approvals or actions to be given or taken by the Associa-tion shall be valid if given or taken by the Association.
5.3 The Association Rules. The Board may, from time to time, and subject to theprovisions of this Declaration, adopt, amend and repeal rules and regulations pertaining to(i) the management, operation and use of the 1\rcas of Association Responsibility inc1uding,but not limited to, any recreational facilities situated upon the Areas of AssociationResponsibility, (ii) minimum standards for any maintenance of Lots, or Ciii) any other subjectwithin the jurisdiction of the Association. In the event of any conflict or inconsistencybetween the provisions of this Declaration and the Association rules, the provisions of thisDeclaration shall prevail.
5.4 Personal Liability. No member of the Board or of any committee of the
Association, no director, officer or employee of th~ Association shall be personally liable to
any Member, or to any other person or entity, including the Association, for any damage,loss or prejudice suffered or claimed on account of any act, omission, error, or negHgence
of 'the Association, the Board, the manager, any representative or employee of theAssociation, or any committee, committe-e member or officer of the Association; provide-d,however, the limitations set forth in this Section shall not apply to any person who has failedto act in good faith or has engaged in wilful or intentional misconduct.
2S5~P.~".34 11
Inmlied Ri2:hts. The Association may exercise any right or privilege given to
the Association expressly by the Project Documents and every other right or privilegereasonably to be implied from the existence of any right or privilege given to the Associationby the Project Documents or reasonably necessary to effectuate any such right or privilege.
5.6 Identity of Members. Membership in the Association shall be limited toOwners of Lots. An Owner of a Lot shall automatically, upon becoming the OWner thereof,be a member of the Association and ~Ihall remaul a member of the Association until suchtime as his or her ownership ceases for any reason, at which time hi~ or her membership in
the Association shall automatically cease.
Classes of Members. The Association shan have two classes of voting
'.
5.7membership:
5.7.1 Class A. Class A members shall be all Owners, with the exception of
the Declarant until the termination of the Class B membership, of Lots. Each Class A
member shall be entitled to one (1) vote for each Lot owned.
5.7.2 . Class B. The Class B member shall be the Declarant. The Class B
member shall ,be entitled to ten (10) votes for each Lot awned. The Class B membership
shall cease and be converted to Class A membership on the earlier of (i) the date on which
the votes entitled to be cast by the Class A members equals or exceeds the votes entitled
to be cast by the Class B member; (ii) the date which is five (5) years after the recording
of this Declaration; or (iii) when the Declarant notifles the Association in writing that it
relinquishes its Class B membership.
5.8 Voti"\'! Procedures. No change in the ownership of a Lot shall be'effective for
voting purposes unless and until the Board is given actual written notice of such change andis provided satisfactory proof thereof. The vote for each such Lot must be cast as a unit,and fractional votes shall not be allowed. In the event that a U)t is owned by more than oneperson or entity and such Owners an~ unable to agree among themselves as to how theirvote or votes shan be cast, they shall lose their right to vote on the mat~~rin question. Ifany Member casts' a vote representing a certain Lot,1t wiU thereafter be conclusively
presumed for all purposes that he or she was acting with the authority and consent of allother Owners of the same Lot unless objection thereto is made at the time the vote is cast.In the event more than one vote is ca:st by a Class A Member for a particular Lot, none of
the votes shall be counted and all of the votes shall be deemed void.
5.9 Transfer of MembershiR. The rights and obligations of any Member otherthan the Declarant shall not be assigned, transfern~d, pledged, conveyed or alienated in anyway except upon transfer of ownership of an Owner's Lot, and then only to the transferee
of ownership to the Lot. A transfer of ownership to a Lot may be effected by deed,
intestate succession, testamentary disposition, forecJosure of-a mortgage of record, or such
;s.:iZl.(vP Pl'OO90P . WPS.o~:196- 9 t36
". ..
~
12
other legal process as now in effect or as may hereafter be established under or pursuant
to the laws of the State of Arizona. AIly attempt to make a prohibited transfer shall be
void. Any transfer of ownership to a Lot shall operate to transfer the Membersrupappurtenant to said Lot to the new Owner thereof. Each Purchaser of a Lot shall notify the
Association of his or her purchase within ten (10) days after he or she becomes the Ownerof a Lot.
5.10 Suspension o(Votim~ Ri~. If any Owner fails to pay any Assessments orother amounts due to the Association under the Proj~ct Documents within fifteen (15) daysafter such payment is due or if any Owner violates any other provision of the ProjectDocuments and such violation is not c:ured within fifteen (15) days after the Associationnotifies the Owner of the violation, the Board of Directors shall have the right to suspendsuch Owner's right to vote until such time as all payments, including interest and attorneys'
fees, are brought current, and until any other infractions or violations of the ProjectDocuments are corrected.
5.11 Conveyance or Encumbrance of Common Area. The Common Area shall notbe mortgaged, transferred) dedicated (~r encumbered without the prior written consent or
affirmative vote of the Oass B member of the f\ssociatioD and the affirmative vote or
written consent of the Owners representing at least two-thirds (2/3) of the votes in theAssociation. .
, -
5.12 Indemnification. The Association shall indemnify each and every officer anddirector of the Association, and each and every member of any committee appointed by theBoard (including, for purposes of this Section,. fonner officers and directors of theAssociation, and former members of committees appointed by the Bosrd( (collectively,"Association Officialsll and individually an "Association Officialll) against any and all,expenses, incluQing attorneys' fees, reasonably incurred by or imposed upon an AssociationOfficial in connection with any action, suit or other proceeding (including settlement of anysuit or proceeding, if approved by the Board serving at the time of such settlement) to whichhe or she may be a party by reason of being or having been an Association Official, except
for his or her own individual willful misfeasance, malfeasance, misconduct or bad faith. No
Assodation Official shall have any personal liability with respect to any contract or othercommitment made by them or action taken by them, in good faith, on behalf of theAssociation (except indirectly to the extent that such Association Official may also be aMember of the Association and therefore subject to Assessments hereunder to fund aliability of the Association), and the Association shall indemnify and forever hold each such
Association Official free and harmless from and against any and all liability to others on
account of any such contract, commitment or action. AIly right to indemnification providedfor herein shall not be exclusive of any other rights to which any Association Official maybe entitled. If the Board deems it appropriate, in its sole discretion, the Association mayadvance funds to or for the benefit of any Association Official who may be entiUed toindemnification hereunder to enable such Association Official to meet on-going costs and
~ I'OOPOV . ~ 9: 36
.{.. "':':::':...' .,'.:.. '. ::,,'
13
~~~
expenses by reason of his or her being, or having been, an Association Official. In the eventit is ultimat~ly determined that an Association Official' to whom, or for whose benefit, funds
were advanced pursuant to the preceding sentence does not qualify for indemnificationpursuant to this Section 5.12 ar otherwise under the Articles, Bylaws or applicable law, suchAssaci"atio~Offjcial shall promptly upon demand repay to the Association the total of suchfunds advanced by,the Association to him or her, or for his or her benefit, with interest(snould the Board'so el!:.ct) at a rate not to exceed te.n percent (10%)' per annum from thedate(s} advanced until paid. '
ARTICLE 6
COVENANT FOR ASSESSMENTS AND CREATION OF LIEN
. .
6.1 Creation of Lien and Personsl ObIi2stion of Assessments. The Declarant, foreach Lot owned by it, hereby covenants and agrees, and each OwrierJ other than the Declar-ant, by becoming the Owner of a l,()t, is deemed to covenant and agree, to pay Assessmentsto the Association in accordance with this Dec1aratio.n. All Assessments shall be establishedand collected as provided in this Declaration. The Assessments, together with interest, latecharges and all costs, including but not limited to reasonab~e attorneys' fees, incurred by theAssociation in coI1ecting or attempting to collect delinquent Assessments, whether or not suitis med, shall be a charge on the Lot and shall be a continuing lien upon the Lot againstwhich each such Assessment is made. Each Assessment, together with interest and ail costs,including but not limited to reasonable attorneys' fees, incurred by the Association in col.lecting or attempting to collect delinquent Assessments, whether or not suit is filed, shall alsobe the personal obliBation of the person who was the Owner of the Lot at the time whenthe AssesSment became due. The personal obligation for delinquent Assessments shall notpass to th~ successors in title of the Owner unless expressly assumed by them.
6.2 Annua1 Assessments.
6.2.1 In order to provide for the operation and management of theAssociation and to provide funds for the Association to pay all Common Expenses and to
perform its duti~s and obligations under the Project Documents, including the establishmentof replacement and maintenance reserves, the Board, for each ksessment Period shallassess against each Lot an Annual Assessment.
6.2.2 Thc Board shall give notice of the .A.nnua] AsSessment to each Ownerat least thirty (30) days prior to the beginning of each Assessment Period, but the failure togive such notice shaH not affect the validity of the Annual Assessment established by theBoard nor relieve any Owner from its obHgation to pay the Annual Assessment. If theBoard determines during any Assessment Period that the funds budgeted for thatAssessment Period are, or wilJ, become inadequate to meet aH Common Expenses for any
2.SS~."fP~9:36 14
reason1 including, without limitation, nonpayment of ksessment byincrease the Annual ksessmentfor that Assessment Period and theAssessment shall commence on the date designated by the Board.
6.3 Rate of Assessment. TIle amount of the Annual .A.ssessment for each Lotother than Lots owned by the Declarant or the Builder shall. b~ the amount. obtained by
dividing the total budget 9f the ASsociation for the Assessment Period for which the .AnnualAssessment is being levied by the total Jt1umber of Lots subject to the Assessment at the timethe Annual Assessment is levied by the~ Board; The Annual Assessment for Lots owned bythe Declarant ar the Builder shall be e.n amount equal to twenty-five percent (25%) of theAnnual Assessment levied against tots owned by Persons other ~han the Declarant or theBuilder until such .time as a Residential Unit has been constructed on the Lot and the
Residential Unit has been occupied for Single Family Residential Use. After a ResidentialUnit has been constructed on a Lot owned by the Declarant or the Builder and theResidential Unit has been occupied for Single Family Residential Use, the amount of theAnnual ksessment for such Lot shall be the same as the Annual Assessment levied against
Lots owned by Persons other than the Declarant or the Builder. If a Lot ceases to qualifyfor the reduced twenty-five percent (25%) rate of assessment during the period to which anAnnual Assessment is attributable, th(~ Annual Assessment shall b~ prorated between the
applicable rates .on the basis of the mlmber of days in "the Assessment Period thaf the Lotqualified for each rate. So long as there is a Class B membership in the Association, the
Declarant shall pay to the. Association any amounts which, in addition to the AnnualAssessments levied by the Association, may be required by the Association CDeclarantSubsidy") in order for the .A.ssociation to fully perform its duties and obligations under theProject Documents, including the obligation to maintain adequate reserve accounts. The
annual assessments levied against Lots owned by the Declarant or the Builder, and theDechirant Subsidy may be satisfied in the form of cash or in the fonnof tlin-kindllcontributions of goods or services, or any combination of the foregoing, and any suchpayments made by the Declarant in the form of !lin-kind" contributions of goods or servicesshall be valued at the fair ma~ket value~ of the goods or services contributed. Declarant shallmake such payments or contributions at such time as the" Board may reasonably request
from time ~o tim~ (but shall not be required to make such payments or contributions more
often than monthly). At the end of each fiscal year of the .A.ssociation, either; (1) Declarant
shall iJav or contribute to the Association such additional funds, goods or seI:Vices (or .anycombination thereof) as may be neces~:ary, when added.to all other funds) goods and sel'Vlcespaid or contributed by Declarant during such fiscal year, to satisfy in full Dec1arant'sobligations under this paragraph for such fiscal year; or (2) the Association shall pay toDeclarant or credit against Declarant's obligations for the immediately following fiscal year,as Declarant. may elect~ the amoul1tt if any, by which the total of all payments orcontributions paid or made by Declarant during such fiscal year exceeded the totalobligations of Declarant for such fiscal year under this paragraph.
25:5~PPPQO?O~ . WP~:»296- 9 ,30
,.:.: ::".
~
it mayAnnual
Members,
revised
15
~
6.4 Special Assessments. The .A.ssociation may 1evy against each Lot which is thensubject to assessment, in any Assessment Period, a Special Assessment for the purpose ofdefraying, in whole or in part, the cost of any construction, reconstruction, repair orreDIa cement of an Improvement upon the Common Area, including fixtures and personal
. property related thereto, provided that any Special Msessment shall have the assent of two-thirds (2/3) .of the votes entitled to be cast by Members who are voting in person or by proxyat a meeting duly called for such purpose. .
6.5 Assessment Period. The period for which the Annual Assessment is to belevied (the "Assessment Period!!) shall be the calendar year, except that=the first AssessmentPeriod, and the obligation of the Own(~rs to pay Annual Assessments shall commence uponthe conveyance of the first Lot to a Purchaser and terminate on December 31 of such year.
The Board in its sole discretion from time to time may change the Assessment Period.
6.6 l<>ts Subject to Assessment. All Lots described on Exhibit A to this
Declaration shall be. subject to assessment upon. the conveyance of the first Lot to aPurchaser.
6.7 Rules Re2:ardin£ BiIIing and Collection Procedures. Annual Assessments shallbe collected on a semi-annual basis or such other basis as may be selected by the Board.Special Assessments may be collected as specified by the ,Board. The Board shall have theright to adopt rules and regulations setting forth procedures for the purpose of makingAssessments and for the billing and collection of the Assessments provided that theprocedures are not inconsistent with the- provisions of this Declaration. The failure of theAssociation to send a bill to a Memb~~r shall not relieve any Member of his or her liability
for any Assessment or charge under this Declaration, but the Assessment Lien therefor shallnot be foreclosed or otherwise enforced until the Member has been given not less than thirty(30) days written notice prior to such foreclosure or enforcement that the Ass,essment or anyinstallation thereof is or wiII be due alld of the amount owing. Such notice may be given atany time prior to or after delinquency of such payment. The Associatjon shall be under noduty to refund any payments received by it even though the ownership of a Lot changesduring an Assessment Period; successor Owners of Lots shall be given credit forprepayments, on a prorated basis, made by prior Owners.
6.8 Effect of Nonpayment of Assessments~ Remedies of the Association.
6.8.1 Any Assessment, or any installment of an Assessmen~ not paid withinfive (5) days after the Assessment, or the installment of the Assessment, first became dueshall bear interest from the due date ~lt the rate established from time to time by the Boardof Directors. In addition, the Board c)f Directors may establish a late fee to be charged toany Owner who has not paid any Assessment, or any installment of an Assessment, within
five days after such payment was due.
2S$2J~P1'!'O09DP.~~9::)Q 16
6.8.2 The ksociation shall have a lien on each Let for (i) all Assessments, " '..- .,. - T -.L I!!' -" , ~ ,,-- ./:!_-- 1 _t ~ I _..\"~- ~~~ft ~-,4 ...'l.n..~..ft
assessed against the Lot or payable by the Own~r of the Lot, (Hi) all fines levied against theOwner of the Lot, and (tv) all attorney fees, court costs, title report fees, ~sts and feescharged by any collection agency either to the Association or to an Owner and any otherfees or costs incurred by the Association in attempting to collect Assessments and otheramounts due to the Association by the Owner of a Lot. Recording of this Declarationconsti~tes record notice and perfection of the Assessment Lien. The .t\ssociation may, atits option, record a Notice of Lien setting forth the name of the delinquent owner as shownin the records of the Association, the legal description or street address of the Lot againstwhich the Notice of Liyn is recorded and the amount claimed to be past due as of the dateof the recording of the Notice, including interest, lien recording fees and reasonableattorneys' fees.
6.8.3 The Assessment Lien shall have priority over ail liens or claims exceptfor (i) tax liens for rea] property taxeS, (ii) assessments in favor of any municipal or othergovernmental body and (m) the lien of any first mortgage or first deed of trust. luIy First
Mortgagee or any other Person acquiring title or coming into possession of a Lot throughforeclosure of the First Mortgage, purchase at a foreclosure sa]e or trustee sale, or throughany equivalent proceedings, such as, but not limited to, the taking of aqeed in lieu of,(' ~l p", ..1 11 ... ,.,.,..: +:+1... ; nnA ...1", n.. . "'; '" on" ..., '" :,.,.,~ ;"'.. "T'I"""~'; a ~I!PI!I!mp.ntl\'i ~n Ii
.U~~"'lU;),,"l'" ;)U~U """'i"'U'" u,~'" u v "".v "'UJ v -'r-".- -~---W~_U~ ---
charges against the Lot which became payable prior to the acquisition of such Lot by theFirst Mortgagee or other Person. A.ny Assessments and charges against the Lot wWchaccrue prior to such sale or transfer shall remain the obligation of the defaulting Owner ofthe Lot. .
6.8.4 The Association shaH not be obligated to release the Assessment Lienuntil al1 deJinqu.ent A.ss~srnents, interest, lien' fees, firies, reasonable attorneys' fees, courtcosts, collection costs and all other sums payable to the Association by the Owner of the Lot
have been paid in full.
6.8.5 The Association shaH have the right, at its option, to enforce collectionof any delinquent Assessments together with interest, lien fees, reasonable attorneys' feesand any other. sums due to the Association in any manner allowed by law including, but notlimited to, (i) bringing an action at law against the Owner personally obligated to pay thedelinquent Assessments and such action may be brought without waiving the AssessmentLien securing the delinquent Assessments or (ii) bringing an action to foreclose theAssessment Lien against the Lot in the manner provided by law for the foreclosure of arealty mortgage. The Association shall have the power to bid in at any foreclosure sale andto purchase, acquire, hold, lease, mortgage and convey any and all Lots purchased at suchsale. . .
~POO?Ct.~.»
.,.
17
6.9 Evidence of Payment of Assessments. Upon receipt of a written request bya Member or any other Person, the Association, within a reasonable period of timethereafter, shall issue to such Member or other Person a written certificate stating (i) thatall Assessments, interestt and ather fees and charges have been paid Vlith respect to anyspecified Lot as of the date of such certificate, or (il) if all Assessments have not been paid,the amount of such Assessments, interest, fees and charges due and payable as of such date.The Association may make a reasonabll~ charge for the issuance of such certificates, wlUchcharges must be paid at the time the request for any such certificate is made. Any suchcertificateiwhen duly issued as herein provided~ shall be conclusive and binding with respectto any matters therein stated as against any bona fide Purchaser of, or lender on, the Lotin question.
6.10 Surplus Funds. The Association shall not be obligated to spend in any yearaU the Assessments and other sums received by it in such yearf and may carry forward as
surplus any balances remaining. The .A.ssociation shall not be obligated to reduce the amountof the Annual .A.ssessment in the succeeding year if a surplus exists from a prior year, andthe Association may carry forward frc>m year to year such surplus as the Board in its
discretion may determine to be desirable for the greater financial security of the Association
and the accomplishment of its p~rposes.
6.11 Workin2 CspitallReserve Fund. To insure that the Association shall have
adequate funds to meet its expenses or to purchase necessary equipment or services, eachPurchaser of a Lot shall pay to the Association immediately upon becoming the Owner ofthe Lot a sum equal to one-sixth (1/6th) of the Annual Assessment on the Lot. . Funds paid
to the Association pursuant to this Section may be used by the Association for payment ofoperating expenses, the establishment and funding of operating or capital reserves or anyother purpose permitted under the Prc>ject Documents. Payments made pursuant to thisSection shall be non-refundable and shall not be considered as an advance payment of anyAssessments levied by the ksociatiaD pursuant to this Declaration.
6.12 Transfer Fee. Each Purchaser of a Lot shall pay to the Associationimmediately upon becoming the Owner of the Lot a transfer fee in such amount as is estab-lished from time to time by the Board.
6.13 Fines. The Board shaH have the right to levy reasonable fines against an
Owner for any violation of the Project Documents by the Owner or any Person residing onthe Owner's Lot provided the Ovmer is given notice of the alleged violation of the ProjectDocuments and is given an opportunity to have a hearing on the violation before the Boardin accordance with such procedures as may be s~t forth in the Bylaws or adopted by the
Board.
6.14 Notice and Quorum for Meetin£s to Consider Special Assessments andCertain Increases in AnnuaJ Assessments. Notwithstanding any other provision hereof or
2.1S~-6IPPP009OE'.W!'~~~9,30 18
~
of the Artlcles, Bylaws or Association Rules, written notice of any meeting called for thepurpose of approving the establishment of any Special Assessment as required by Section6.4 hereofshalJ be sent to all Members not less than thirty (30) days nor more than sixty(60) days prior to the date of said meeting. At the first meeting thus called to consider the
particular Special Assessment, a quorum shall consist of sixty percent (60%) of the votes in
each class of Members (whether repr.esen-ted in person or by valid proxy), provided,however, that if a quorum, as so'detennined, is not present at said first meeting, a secondmeeting may be called (subject to the same notice requirements as set forth above) to
consider the same issue, and a quorum at said second meeting shall be one-half (1/2) of the
required quorum at the first meeting as described above. Such second meeting may not beheld more than sixty (60) days after the first meeting.
ARTICLE 7
MAINTEN AN CE
7.1 Areas of AssoCiation Responsibilitv.
7.1.1 Th~ Asso,ciation, or its duly d~legated representative, shall manage,
maintain, repair and replace the Areas of Association Responsibility, and all Improvementslocated thereon, except the Association shall not maintain areas which any governmentalentity is 1JJaintaining or is obligated to maintain. ' ,
7.1.2 The Board shall be the sole judge as to the appropriate maintenanceof all Areas of Association Responsibility and other properties maintained by theAssociation. AIly cooperative action necessary or appropriate to the proper maintenanceand upkeep of said properties shall be taken by the Board or by its dulYH..delegatedrepresentative.. . .
7.1.3 AIly part of the Common Area which is subject to an easement for anencroachment pursuant to Section 4.5 of this Declaration shall be maintained, repaired andreplaced by the Owner of the Lot benefitted by the easement.
7.2 Installation of Lsndscspin1!. If front yard landscaping has not been instal1edby Builder before the date on which title to a Lot is first conveyed to a - Purchaser, as
evidenced by ~ecordation of a deed (the "Closing Date"), within 30 days after-the ClosingDate) the Owner of the Lot upon which the Residential Unit is situated shall install grass,trees, .plants and other landscaping improvements (together with art irrigation systemsufficient to adequately water any grass, tress, plants and other landscaping improvements)shall be installed on the front yard of the Lot. Within sixty days after the Oosing Date, theOwner of the Lot upon which the Residential Unit is situated shall install grass, trees, plantsand other landscaping improvements (together with an irrigation system sufficient toadequately ;~ater the grass, trees, plants and other landscaping -improvements) in the side
=Z3-61i'PI'O090P.W!'5~0I0"*"~ 19
,
. .
~
and backyard of the Lot. All1andscaping to be installed pursuant to this Section shall beinstalled in accordance with plans approved by the Master Association ArchitecturalCommittee. If any Owner fails to larldscape its Lot in the manner and within the timeprovided for in this section, the Association shall have the right, but not the obligation, toenter upon such Owner~s Lot to install such landscaping improvements as the Associationdeems appropriate (together with an irrigation system sufficient to adequately water thesame), and the cost of any such installation shall be paid to the Asso~iati~n by the Own-erof the Lot, upon demand from the Association. Any amounts payable by an o\VIler to theAssociation pursuant to this 'section shall be secured by an asse,ssment lien against the Lot,and the Association may enforce the cc>l1ection of such amounts in the same manner and to
the same .extent as pr,ovided elsewhere in this Declaration for the collection and enforcement
of Assessments. .
7.3 Lots. Each Owner of a Lot shall be responsible for maintaiIUng~ repairing orreplacing its Lot, and all buildings, Residential Units, landscaping or other Improvementssituated thereon, except for any portion of the Lot which is an Area of AssociationResponsibility. All buildings, Residential Units, landscaping and other Improvements shaHat all times be kept in good condition and repair. All grass, he,dges, shrubs, vines and plantsof any type on a Lot shaU be irrigated, mowe'd, trimmed and cut at regular intervals so asto be maintained in a neat and attractive manner. Trees, shrubs, Vines, plants and grass
which die shan be promptly removed and replaced with living foliage of like kind. No yard
equipment, wood piles or storage areas may be maintained so as to be Visible FromNeighboring Property or streets. All Lots upon which no Residential Units, buildings orother structures, landscaping or Improvements have been constructed shall be maintainedin a weed free and attractive manner. Each Owner of a Lot shall also be responsible forthe mainte~ance, repair and replacement of the wall around the patio area of t,ee()):vnerJsLot. '
7.4 Assessment of Certain Costs of Maintenance and Reusir. In the event thatthe need for maintenance or repair of an Area of Association Responsibility is causedthrough the willful or negligent act of any Member, his or her family, tenants, guests orinvitees, the cost of such maintenance or repairs shall be added to and become a part of theAssessment to which such Merpber and the Member's Lot is subject, and sha1l be securedby the Assessment Lien. AI1y charges or fees to be paJd by the Owner of a Lot pursuant tothis Section in connection with a contract entered into by the Association with an Owner forthe perfonnance of an Owner's mainteliance responsibilities shall also become a part of suchAssessment and shall be secured by the Assessment Lien.
7.S Improper Maintenance and Use of Lots. 'In the event any portion of any Lotis so maintained as to present a public or private nuisance, or as to substantial1y detract from
the appearance or quality of the surrounding Lots or other areas of the Project which aresubstantially affected thereby or related thereto, or in the event any portion of a Lot is beingused in a manner which violates this Declaration; or in the event the Owner of any Lot is
25 S:z3.6IPPfIOOi'OP ,WP5.o:lO:/S'6.I>:36 20
~
faHing to perform any of its obligations under the Project Documents, the Board may makea finding to such effect, specifying the particular condition or conditions which exist, andpursuant thereto give notice thereof to the offending Owner that unless corrective action istaken within fourteen, (14) days, the Board may cause such action to be taken at saidOvmer's cost. If at the expiration of said fourteen day period of time. the requisite correctiveaction has not been taken, the Board shall be authorized and empowered to' cause suchaction to be taken and the cost thereof shall be added to and become a part of the Assess-ment to which the offending Ovroer and the Owrierti Lot is subject and shall be secured bythe Assessment Lien. .
7.6 Common Walls. The rights and duties of Owners of Lots with respect tocommon walls shall be as follows:
7.6.1 The Owners of contiguous Lots who have Ii common wall shall both equally
have the right to use such wall provided that such use by one Ovmer does not interfere withthe use and enjoyment of same by the other Owner;
7.6.2 In the event that any common wan is damaged or destroyed through the actof an Owner, it shall be the obligation of such Qwner to rebuild and repair the common wall
without cost to the other Owner or Owners;
7.6.3 In the event any such common wall is damaged or destroyed by some cause
other than the act of one of the adjoining Owners, his agents, tenants, licensees, guests orfamily (including ordinary wear and tear and deterioration from lapse of time), then, in such
event, both such adjoining Owners shall pro~ed forthwith to rebuild or repair the same toas good condition as formerly at their joint and equal expense;
7.6.4 The right of any Owner to contribution from any other Owner under thisSection shall be appurtenant to the land and shall pass to such Ownerts successors in tide;
7.6.5 In addition to m~eting the other requirements of this Declaration and of anyother building code or similar regulations or ordinances, any Owner proposing to modify,
make additions to or rebuild a. common wall shall first obtain the written consent of the
-adjoining Owners.
:j$$:tWIPPI'OO9Of' .~.36 21
8.1 Scope or Covera!!e. Commencing not later than thc time of the firstconveyance of a Lot to a Purchaser, the Association shall maintain, to the extent reasonablyavailable, the following insur.ancc coverage:. .
8.1.1 Gencra11iability insurancc, including medical payments insurance,in an amount determined by the Board, but not less than $1,000,000 per occurrence. Suchinsurance shall cover all occurrences commonly insured against for death, bodily injury andproperty damage arising out of or in connection with the use, ownership or maintenance ofthe Areas of Association Responsibility and a.llother portions of the Project which theAssociation is obligated to maintain1.mder this Declaration, and shall also include hiredautomobile and non-owned automobile coverages with cost liability endorsements to coverliabilities of the Owners as a group to an Owner;
8.1.2 Property insurance on all Areas of Association Responsibilityinsuring against all risk of direct physical loss., insured against in an amount equal to themaxirimm insurable replacement value of the Areas of Association Responsibility, asdetermined by the Board; provided, however, that the total amount of insurance afterapplication of any deductibles shall not be less than one hundred percent -(100%) of thecurrent replacement cost of the insured property, exclusive of land, excavations, foundationsand other items normally excluded from a property policy.
8.1.3 Worlanen)s compensation insurance to the extent necessary to meetthe requirements of the laws of Arizona; .....
8.1.4 Such other insurance as the Associatjon shall determine from timeto time to be appropriate to protect the Association or the Owners;
8.1.5 The insurance policies purchased by the Association shall, to theextent reasonably available, contain the following provisions:
(i) That there shall be no subrogation with respect to theksociation, its agents, servants, and '~mployees, with respect to Owners and members oftheir household;
(ii) No act or omission by any Owner, unless acting within thescope of his or her authority on beha1f of the Association, will void the policy or be acondition to recovery on the policy; .
~~1'00901'.~9136
ARTICLE 8
INSURANCE
22
~
...
(m) That the coverage afforded by such policy shal1 not be
brought into contribution or proration with any insurance which may be purchased byOwners or their mortgagees or beneficiaries under d~ds of trust;
(iv)denying thethe insurer from denying the
Association or other Owners;
(vi) For policies of hazard insurance, a standard mortgagee cl~useproviding that the insurance carrier shall notify the first mortgagee named in the policy atleast ten (10) days in advance of the effective date of any substantial modification, reductionor cancellation of the policy; .
8.2 Certificates ofInsurance. An insurer that has issued an insurance policy underthis Article shall issue a certificate or a memorandum of insurance to th~ Association and,upon request, to any O\VI1er, mortgagee or beneficiary und~r a deed of trust. Any insuranceobtained pursuant to this Article may not be cancelled until thirty (30) days after notice ofthe proposed cancel1ation has been mailed to the Association, each Owner and eac1).mortgagee or beneficiary under deed of trust to whom certificates of insurance have beenissued. '
8.3 Payment of Premiums. The premiums for any insurance obtained by theAssociation pursuant to Section 8.1 of t11is Declaration shall be included in the budget of theAssociation and shall be paid by the Association.
8.4 PaYment of Insurance Proceeds. With respect to any loss to any Area Df
Association Responsibility covered by property insurance obtained by the Association inaccordance with this Article, the loss shall be adjusted with the Association, and the insur-ance proceeds sh~ll be payable to the Association and not to any mortgagee or beneficiaryunder a' deed of trust. Subject to the provisions of Section 8.5 of this Declaration, theproceeds shall be disbursed for the repair or restoration of the damage to the kea ofAssociation Responsibility.
8.5 ~acement ofDama~ed or Destroyed Property. Any portion of
the Areas of Association Responsibility which is damaged or destroyed shall be repaired orreplaced promptly by the Association unless (i) repair or replacement would be illegal underany state or local health or safety statute or ordinance, or (ii) Owners representing at leasteighty percent (80%) of the total authorized votes in the Association vote not to rebuild.The cost of repair or replacement in excess of insurance proceeds and reserves shall be paidby the Association. If a1J of the Areas of Association. Responsibility are not repaired orreplaced, insurance proceeds attributable to the daraaged. keas of Association
2.5.S~PPP00901'.WP~9:30
. . - -'. - - - . .. ..;':: >':::. ,,:/:.: .,~.
~~~
A "severability of interest" endorsement which shan precludeclaim of an Owner because of the negligent acts of the
(v) Statement of the name of the insured as the ASsociation;
23
~
Responsibility shall be used to restore the damaged area to a condition which is not in viola-tion of any state or .local health or safety statute or ordinance and the remainder of theproceeds shall either (i) be r~tained by the Association as an additional capital reserve, orell) be used for payment of operating expenses of the Association if such action is approvedby the affirmative vote or written consent, or any combination thereof, of Members repre-senting more than fifty percent (50%) of the votes in the Association.
ARTICLE 9
GENERAL PR OVISI 0 NS
9.1 Enforcement. The Association or any Owner shan have the right to enforc~
the Project Documents and/or any and all covenants, restrictions, reservations, charges, sem-
tudes, assessments, conditions, liens. or easements provided for in any contract, deed,declaration or other instrument which (i) shall have been executed pursuant to, or subjectto, the provisions of this Dec1aration, or (ii) otherwise shaH indicate that the provisions ofsuch instrument were intended to be enforced by the Associa.rion or by Declarant.
9.2 Term: Method of Termination. This Deela,ration shall continue in full forceand effect for a term of twenty (20) years from the date this Declaration is recorded. Afterwhich time, this Dec1aration shall be automatically extended for successive periods of ten(10) years each. This Declaration may be terminated at any time if such termination isapproved by the affirmative vote or written consent, or any combination thereof, of theOwners representing ninety percent (90%) or more of the votes in each class of
membership. If the necessary votes and consents are obtained, the Board shall cause to berecorded with the County Recorder of Maricopa County, Arizona, a Certificate of-Tennina-tion, duly signed by the President or Vice, President and attested by the Secretary orAssistant Secretary of the Association, With their signatures acknowledged. Thereupon thisDeclaration shan have no further force and effect, and the Association shall be dissolvedpursuant to the terms set forth in its Articles.
(>-~ A mf"nrlmpnt~.
9.3.1 Except for amendments made pursuant to Subsection 9.3.2 of thisDe.cIarationt the Declaration may only be amended by the affirmative vote of Ownersrepresenting not less than seventy~five percent (75%) of the votes cast with respect to theamendment at an 8I1Ilual or special meeting of the Members.
9.3.2 The Board may amend this Declaration or the Plat, withoutobtaining the approval or consent of any Owner or First Mortgagee, in order to confonn thisDeclaration or the Plat to the requirements or guidelines of the Federal National MortgageAssociation, the Federal Home Loan Mortgage Corporation, the Federal Housing
2SSz.6IPI'POOOOl'.WPs..o~~9~ 24
',.0:' "C,' ':,', "'" "'" "
, , .
Administration, the Veterans Administration or any federal, state or local governmentalagency whose approval of the. Project, the Plat or the Project Documents is required by lawor requested by the Declarant or the Board.
9.3.3 So long as the Declarant owns any Lot, any amendment to thisDeclaration must be approved in writing by the Declarant.
9.3.4 Any amendment approved pursuant to Subsection 9.3.1 of thisDec1aration or by the Board pursuant to Subsection 9.3.2 of this Dec1aration shall be signed
by the President or Vice President of the Association and shall be recorded with the County
Recorder of Maricopa County, Arizona. Al1y such amendment shall certifY that the
amendment has been approved as required by this Section.
9.4 Interpretation. Exc~pt for judicial construction, the Association shall have theexclusive right to construe and interpret the provisions of this Declaration. In the absenceof any adjudication to the contrary by a court of competent jurisdiction, the Association's.construction or interpretation of the provisions hereof shan be final, conclusive and bindingas to all persons and property benefitted or bound by this Declaration. In the event of anyconflict between this Declaration and the Articles or Bylaws, this Declaration shall control.In the event of any conflict between the Articles and the 'Bylaws, the Articles shall control.In the 'event of any conflict between the Bylaws and the Association Rules, the Bylaws shallcontrol.
9.5 S~verabi1ity. Any determination by any court C?f competent jurisdiction thatany provision of this Declaration is invalid or un~nforceable shall not affect the validity orenforceability of any of the other provisions hereof.
9.6 Rule A2sinst Pernetuitie~. If any interest purported to be created by thisDeclaration is challenged under the Rule against Perpetuities or any related rule, the interestshall be construed as becoming void and of no cffect as of the end of the applicable periodof perpetuities computed from the date when the period of perpetuities starts to run on thechallenged interest; the Itlives in being!! for computing the period of perpetuities shall be (i)those which would be used in determining the validity of the challenged interest, plus (ii)those of the issue of the Board who are living at the rime the period of perpetuities starts
to run on the challenged interest.
9.7 Chan2'e of Circumstances. Except' as otherwise expressly provided in thisDeclaration, no change of conditions 01' circumstances shall operate to extinguish, terminateor modify any of the provisions of this Dcclaration.
9.8 Rules and Re2'Ulations. In addition to the right to adopt rules and regulationson the matters expressly mentioned elsewhere in this Declaration, the Association shall havethe right to adopt rules and regulations with respect to all other aspects of the Association's
rights, activities and .duties, provided said rules and regulations are not inconsistent with theprovisions of this Declaration. .
9.9 Laws. Ordinances and Regulations.
9.9.1 The covenants, conditions and restrictions set forth. in thisDeclaration and the provisions requiring Owners and other persons to obtain the approvalof the Board with respect to certain actions are independent of the obligation of the Ownersand other persons to comply with all .applicable laws, ordinances and regulations, andcompliance with this Declaration shall not relieve an Owner or any other person from theobligation to also comply with all applicable laws) ordinances and regulations. .
9.9.2 AIly violation of any state, municipal, or local law) ordh'1ance orregulation pertaining to the ownership, occupation or use' of any property within theProperty is.hereby declared to be a violation of this Declaration and subject to any or all ofthe enforcement procedures set forth herein.
9.10 References to this Declaration in Deeds. Deeds to and instruments affectingany Lot or any part of the Project may contain the covenants, conditions and restrictions
herein set forth by reference to this Declaration; but regardless of whether any suchreference is made in any Deed or instrument, each and all of the provisions of thisDeclaration shall be binding upon the grantee-Owner or other person claiming through any
.. instrument and his or her heirs, executors, administrators, successors and assignees.
9.11 Gender and Number. Wherever the context of this Declaration so requires,words used in the masculine gender shall include the feminine and ~euter genders; wordsused in the neuter gender shall include the masculine and feminine gendersj woE-cis in thesingular shall include the plural; and words in the plural shall include the singular.
9.12 Captions and Titles. All captions, titles 'or headings of the Articles andSections in this Declaration are for the purpose of reference and convenience only and arenot to be deemed to limit, modify or otherWise affect any of the provisions hereof or to beused in determining the intent of context thereof. '
9.13 Notices. If notice of any action or proposed. action by the Board or anycommittee or of any meeting is required by applicable law, this Declaration or resolution ofthe Board to be given to any Ownert Lessee or Resident then, unless otheIWise specifiedherein or in the resolution of the Board, such notice requirement shall be deemed satisfiedif notice of such action or meeting is published once in any newspaper in general circulationwithin Maricopa County. This Sectioq shall not be construed to require that any notice begiven if not otheIWise required and shall not prohibit satisfaction of any notice requirementin any other manner.
:w 23-61 PPI'OO9 OP ,WI' s.o~,::14 26
9.14 Bulk Service Ae:reements.
9.14.1 The Board, acting on behalf of the Association, shall have the right,power and authority to enter into one or more Bulk Service Agreements with one or moreBulk Providers (each of which terms is defined below), for such term( s), at such rate( s) andon such other terms and conditions as the Board deems appropriate, all with the primarygoals of providing to Owners and Occupants of Lots within the Property, or within one ormore portions thereof, cable television, community satellite television or other electronic
entertainment, information or communication services: (a) which II1.ight not otherwise begenerally available to such Owners and Occupants; (b) at rates or charges lower than mightotherwise generally be charged to Owners and Occupants for the same or similar services;
(c) otberwise on terms and conditions which the Board believes to be in the interests ofOwners and Occupants generally; or (d) any combination of the foregoing.
9.14.2 If all Lots within the Property are to be served by a particular BulkService Agre~ment, the Board shall have the option either to: (a) include the Association'scosts under such Bulk Service Agreement in the budget for each applicable fiscal year andt}""..",'h'1 ;n,..h,np ~n"}, r.I"I'1tc: in tnl" AnnnR1 Ac:c:.I".c:.c:m!":ntc:. fnr PJ.'\('.n ~\}ch Rnn];cah]~ veST: or (b),..., J W"-U ---~ ... -.- . -u . -- --- - - -n -r &"" -- ~ ~ ~ ~ " . "
separately bill to each Owner his, her or its proportionate share of the Association's costsunder such Bulk Service Agx:eement (as reasonably determined by the Board, and with suchfrequency as may be determined by the Board, but no more often than monthly). If not allLots within the Property will be served by a particular Bulk Service Agreement the Boardshall have only the billing option descnoed in clause (b) above.
9.14.3 The Declarant, for each Lot hereby covenants and agrees, and each
Owner other than the Declarant, by becoming the Owner of a Lot is deemed to covenantand agree,. to pay all amounts levied or charged against or to him, her or it (or .his, her orits Lot) by the ~oard pursuant to this Section 9.14, and all such amounts: .(a) shall bedeemed to be a part of the Assessments against the Lots against or to which they are leviedor charged (or against or to whose Owners they are levied or charged); (b) with in terest) latecharges and all costs) including but not limited to reasonable attorneys feesl incurred by theAssociation in collecting or attempting to collect delinquent amounts, shall be secured by the1;pn tM AC:MIH!m"'.T1to;: p.o;:t~h1ic::nl".rI 1'1" tntc:: Dedaratinn! and (c~ as with other Assessments, shall-_u --- - - -" __n- ~ - - - - . , ,
also be the personal obligation of each Person who was an Owner of the Lot at the timesuch amount became due (which perscna1 obligation for delinquent amounts shall not passto the successors in. title of the Owner unless expressly assumed by them unless title istransferred to one or more such successors for purposes of avoiding payment of suchamounts or other A.ssessments or is transferred to a Person controlling, control1ed by orunder common control Vvith the Owner transferring title).
9.14.4 No Owner of a Lot covered by a Bulk Service Agreement shall beentitled to avoid or withho1d payment of amounts charged by the Board to such Owner or
such Owner's Lot under this Section 9.14, whether on the basis that such Owner does notuse, accept or otherwise benefit from the services provided under such Bulk ServiceAgreement, or othervYise. However, the Board shall have the right, at its option, to exemptfrom payment of such amounts any Lot upon which no Residential Unit or other building
has been completed.
9.14.5 During the Period of Declarant Control, the Board shall not,without the approval of Members holding at least fifty-one percent (51 %) of all Oass A
votes represented in person or by proxy at an annual or special meeting of the Members ofthe Association, enter into a Bulk Service Agreement which imposes on the Association orits Members (other than Declarant or a Developer which, in either case, agrees in writingthereto) any obligation to pay the direct costs of constructitm of any cables, lines or otherfacilities or equipment far any such cable television, community satellite television orelectronic, entertainment, information or communication services, but nothing in this Section9.14.7 shall prevent the Board from entering into, or require approval by the Members of,any Bulk Service Agreement which imposes on the Association or its Members installation,connection, service charge or similar charges or fees which do not exceed those generallyprevailing at the time within the greater Phoenix, Arizona, area, or which indudes as a
component of the monthly fee charged by the Bulk Provider amortization of some or all of
its capital cos~ and rela:ted costs in providing services under the Bulk Service Agreement.
:iSSz.4I!>Pf>Q09DP.~ 9'.36
~
SUNCOR DEVELOPMENT COMPANY, an
Arizona corporation
By: ~ -
Its: V -f.. ,..
28
Stat~ of Arizona )) 55.
County of Maricopa )Acknowledged before me this V Ii- -:Aa.y of ~ , by
~~ At- 5. Ekt ~ k.. ,the l Uc J, (f s:, (d,. of Suncor Development
Company) an Arizona corporation) on behalf of the corporatio~.
My Commission Expires:
~mH1'PN090F.W?$~:$S 29
::":'::"" :': ' , :\:," ', "
~~
I
~
'0
Bo.A.RD OF DIRECTORST A 111M RANCH PARCEL 24 B
TATUM GREENS HO1ffiOWNERS ASSOCIATION
Upon Motion duly made, seconded and caxried, the following resolution was
theBoard of Directors:adopted by
RESOLVED: Effective immediately and pursuant to Article 6.7 and 6.8 of theDeclaration of Covenants, Conditions, and Restrictions, the Board of Directors shall havethe power to establish and impose monetary and collection penalties upon the owners of
Lots for the collection of past due assessments.
Assessment payments not paid within fifteen (15) days after the Assessment, orthe installation of the Assessment, first became due shall bear interest from the due dateat the rate of ten per cent (10%) or more as established by the board. In addition a latefee in the amount often dollars ($10.00) per month shall be charged for any Assessmentnot paid within five days after such payment was due. A late fee in the amount of $10.00
per month shall be applied for each consecutive month for which there is any unpaid "
balance. '
FURTHER RESaL VED: Returned checks for insufficient funds or any otherreason shall be subject to a $25.00 return check fee and shall also be considered as lateand subject to late penalties.
Assessments not paid within thirty (30) days after such payment was due shall be
sent a Statement or Notice of the amount past due together with the late fee.
Assessments not paid within sixty (60) days after such payment was due shall besent a letter requesting payment within ten days of the date ofthe letter. The letter shall
include directions to the Owners to write a letter addressed to management stating why
the Assessment is not being paid. The ManageI: shall review the Owners letter with the
Board of Directors. The Board retains the option of negotiating a payment plan with theOwner of the past due account.
. Owners accounts with.an lUlpaid balance equal to three months mstallmentpayments shall be considered authorized by the Board for the Manager to pursuecollection by any and all legal remedies available to the Association including but not
~
RESOLUTION
ASSESSMENT COLLECTION POLICYEffective November 1,2000
1
~~~~
limited to the recording of a Notice of Lien, the filing of"SmaU Claims", A Judgement
awarded by the Court will be followed with garnishment of wages or other means of
collection. All costs of collection including recordings, management and attorney feesshall be the responsibility of the delinquent owner. Notice of the Associations intent ofcollection by legal remedy shall be mailed to the owner at the address on record with the
Association by First Class and Certified Mail with Return Receipt Requested thirty (30)days prior to any action of collection by the Association. Proof of receipt of thenotification is not required for the Association to proceed.
With a thirty (30) days prior notice of the Associations' intention, the Associationmay elect to foreclose on the lien.
This resoluti~n is adopted by the Tatum Greens Homeowners Association Boardof Directors this 26m Day of September, 2000.
Mary
-- d~ -~~- -- ---Stanley Parker
~~ ~l~David Scott
.,:. .;: ;.. '.,' '.-.~
C~.&.~1-
2
~
'" BOARD OF DIRECTORS
TATUM GREENS HOMEOWNERS ASSOCIATION
TATUM RANCH PARCEL 24 B
FINES FOR VIOLATIONS OF RULES
Effective November 1,2000
Upon motion duly made, seconded and carried, the following resolution was
adopted by the Board of Directors
RESOLVED: Effective immediately and pursuant to Article 5.3 and Article6.13 of the Declaration of the Covenants, Conditions and Restrictions the Board ofDirectors shall have the power to impose Monetary Penalties upo~ the owners of Lots forviolations of the Declaration of Covenants, Conditions and Restrictions, Bylaws andRules of the Association in accordance with the Bylaws, Article 5, FINES.
FURTHER: Article 3 of the Declaration of Covenants, Conditions and
Restrictions, LAND USE CLASSIFICATIONS. PERMITTED USES AND
RESTRICTIONS. sets forth the restrictions that apply to the project. Article 7MAINTENANCE. Sections 7.2 through 7.6 outlines the owners responsibility for
maintenance of their lot and common walls. Violations of the described maintenanceshall be subject to the same monetary penalty as any other violation.
FURTHER: The amount of the Fine shall be detennined by the Board of
Directors based on the nature of the offense, continued and blatant offenses, and the.number of violations. The amount so established shall range from $10.00 to a maximum
of$500.00 per day.
This Resolution is adopted. by the Board of Directors of the Tatum GreensHomeowners Association this 26th day of September, 2000.
~(!1f--~~
Stanley Parker
.._~~M
David Scott
Attachments of Articles referenced herein
. .. ...'" ,"
RESOLUTION
.TIFICATE OF AMENDMENT TO THE BYLAWS OFCER
TATUM RANCH PARCEL 24 B (AKA TATUM GREEN) HOMEOWNERS ASSOCIATION
TATUM RANCH PARCEL 24 B (AKA TATUM GREEN) H 0 MEa WNERSASSOCIATION ("Association") hereby amends the Bylaws of the Association~ along with any
amendments that may exist thereto, as follows:
Article 3.2, Term of Office, was amended to read:
The election of Directors shall be as provided in these Bylaws, the Articlesand the Declaration. The term of office of Directors shall be as follows:
At the annual meeting to be held in the year 2001, the r-./lembers shall electfive (5) directors to the Board of Directors. The three (3) directorsreceiving the highest number of votes shall be elected for a two (2) yearterm, and the" two (2) remaining directors shall be elected for a one (1) year
term. At eaeh 8lIDUal meeting thereafter, the members shall elect Directorsto replace those Directors whose terms have expired, and the terms of allDirectors elected shall beJol' two (2) years. All Directors shall serVe until
their successors are elected and qualified. No Director shall serve more
than two (2) consecutive terms. A Director who has served two (2)
consecutive terms cannot be appointed to fill a vacancy that arises duringthe term that is subsequent to the two (2) consecutive terms previouslyserved.
In the event the Board increases the number of directors between annual
meetings, or in the event of a vacancy on the Board, as per Article 3.6 ofthe Bylaws, the Board shall appoint the Director(s) to fill said vacanciescreated.
The President of th~ Association hereby certifies that this Amendment received the affinnative vote ofat least fifty percent (50%) of the Members who were present in person or by proxy at the AnnualMeeting of Members held on january 17,2001, all in accordance with Article 1.7 of Byiaws of theAssociation. .
DATED this 22 day of /J1~r~ . . 2002.
~~~~
STATE OF ARIZONA
COUNTY OF MARICOPA
On this ZZ- 'day of /'I1CA,.d.. ,2000, before me, the undersigned notary
public, in and for said county and state, personally appeared Dc; ,,'cI .sf "I/- , the President of
TATUM RANCH PARCEL 24 B (AKA TATUM GREEN) HOMEOWNERS ASSOCIATION, an
Arizona non-profit corporation, personally known (or proved) to me to be the person whose name is
subscribed to the above instrument and who acknowledged that he(she) executed the aboveinstrument for and on behalf of the corporation, in hisQ1er) capacity as an authorized officer thereof
My Commission Expires:
, '" . " ",' ,', .,' ~,
. '!
~
SS.
Notary Public- Slate or Aritona
CountJl
Michael L Robersonecpires June 22. 201m .
~~~
BOARD OF DIRECTORSTATUM GREENS HOMEOWNERS ASSOCIATION
TATUM RANCH PARCEL 24 B
FINES FOR VIOLATIONS OF RULES
Effective November t 2000
Upon motion duly made, seconded and carried, the following resolution was
adopted by the Board ofDn-ectors
RESOLVED: Effective immediately and pursuant to Article 5.3 and Article6.13 of the Declaration of the- Covenants, Conditions and Restrictions the Board of
Directors shall have the power to impose Monetary Penalties upon the owners of Lots forviolations of the Declaration of Covenants, Conditions and Restrictions, Bylaws and
Rules of the Association in accordance with the Bylaws, Article 5, FINES.
FURTHER: Article 3 of the Declaration o[CoveilaIlts~ Coridltio.llS and
Restrictions, LAND USE CLASSIFICATIONS. PERMITTED USES AND
RESTRICTIONS. sets forth the restrictions that apply to the project. Article 7MAINTENANCE. Sections 7.2 through 7.6 outlines the ovvners responsibility formaintenance of their lot and common walls. Violations of the described mamtenanceshall be subject to the same monetary penalty as any other violation.
FURTHER: The amount of the Fine shall be determined by the Board of
Directors based on the nature of the offense, continued and blatant offenses, and the"number of violations.. The amount so established shall range ftom $10.00 to a maximum
of$500.00 per day.
This Resolution is adopted by ~ Board of Directors of the Tatum Greens
Homeowners Association thi£ 26th day of September, 2000.
