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ORANGEWOOD MEADOWS - II
7510 N 43rd Avenue Glendale, AZ, 85301
R1-6 PLANNED RESIDENTIAL DEVELOPMENT
For 7 Lots on 1.53 Acres
CITY OF GLENDALE
APPLICATION NUMBER
22-03
Date: 6/13/2024
Developer
Renaissance G.C. L.L.C.
4248 E Roma Avenue
Phoenix, Arizona 85018
623-755-4659
623-396-9749
millionabraham@ymail.com
Submitted to:
City of Glendale planning Department
5850 W Glendale Avenue, Glendale, Arizona 85301
623-930-2800
Engineer
Geoff A MARKOWSKI, P. E.
g-mar, llc
P.O.Box-2042
Litchfield park, AZ, 85340
602-524-7877
geoff@g-mareng.com
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1
ORANGEWOOD MEADOWS-II
PRD PROJECT NARRATIVE
_________________________________________________________________________
TABLE OF CONTENTS
TOPIC
PAGE
INTRODUCTION.
3
LEGAL DESCRIPTION.
4
PROJECT SUMMARY
5-12
TYPICAL LOT LAYOUT
13
RELATIONSHIP TO SURROUNDING PROPERTY AND PROPOSED
SCREENING BUFFERS , AND TRANSITIONS
14
DESIGN CONCEPT FOR PERIMETER WALLS ,ENTRY FEATURES , & COMMON
AREAS.
14-17
PROPOSED CROSS SECTIONS FOR ALL INTERIOR AND PERIMETER STREET. 18
HOUSE PRODUCT DESIGN CRITERIA
18
HOUSE PRODUCT COLOR PALETTE and EXTERIOR MATERIALS
19
HOUSE PRODUCTS.
20-47
ON-SITE AND OFF-SITE DRAINAGE
48
PROPOSED OUTLINE OF CONDITIONS, COVENANTS, AND RESTRICTIONS
INCLUDING NOTARY PUBLIC.
Attached
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INTRODUCTION
The applicant for the project is operating under the legal entity name of Renaissance General
Contractors, which is an Arizona Limited Liability Company. The managing partner and owner of
the company Million Abraham Kebede have experience in Building engineering and Land
Development. In addition we have hired registered civil engineer Geoff A MARKOWSKI, P. E.
contact info.: g-mar, llc 602-524-7877, geoff@g-mareng.com to prepare the preliminary plat
exhibits required and we have completed a civil survey.
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The following two parcels combined are the property in which the proposed ORANGEWOOD
MEADOWS-II residential subdivision will be constructed.
Both parcel APN: 147-06-091A and Parcel APN: 147-06-091B are two parcels which are zoned
R 1-6 PRD. Both parcels are recorded in book 317 of maps, page 16 In the office of Maricopa
County Recorder, Maricopa County, Arizona.
Parcel Number : APN 147-06-091A
Parcel 1:
Lot-12, Orangewood meadows, according to the plat recorded in Book 317 of Maps, page 16 ,
records of Maricopa County, Arizona.
EXCEPT the West 363 feet thereof.
Parcel Number : APN 147-06-091B
Parcel 2:
The West 363 feet of Lot-12, Orangewood Meadows, according to the Plat recorded in Book 317
of Maps , page 16, records of Maricopa County, Arizona.
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PROJECT SUMMARY
*Location and Size
The proposed development is located at 7510 N 43rd Avenue , Glendale, Arizona, 85301. On
two combined parcels with a total size of 1.53 acres.
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*Current Zoning
The property is currently undeveloped and zoned R1-6 PRD.
Surrounding properties are all zoned R 1-6 except for the townhouses are R-3.
*General Plan Designation
As defined on the City’s Current General Plan Land use map, the existing property is zoned R1-6
PRD for the two contiguous vacant parcels. The property has a General Plan Designation of
Medium High Density Residential (MHDR 8) is submitted for 5 to 8 dwelling units per acre. The
development has a maximum of seven ( 7 ) lots tor residential zoning R 1-6 PRD to match
original planned residential lots of Orangewood meadows plat. The designation is consistent
with the general plan designation of the surrounding properties.
*Envision Glendale-2040
All documents are prepared per City of Glendale General plan-Envision Glendale 2040. General
Plan Document referenced to the Medium High Density Residential designations allow for a
combination of single family attached and detached dwellings, based on that for the growth and
development of City of Glendale we are submitting our preliminary plat for our proposed
development.
The proposed Preliminary Plat is consistent with the goals and policies of the City of Glendale
plan-Envision Glendale 2040 applicable requirements of the 6 themes as follows:-
-Growth and Development theme:
To support the neighborhood as an excellent place to live, work and play, To meet quality
residential neighborhoods, sustaining Community Values directing future growth, consistent
with the General plan goals,Incorporate buffering techniques that protect existing
neighborhoods, the housing element provides goals and policies for the maintaining an
attractive and appropriate housing stock in Glendale, to ensure a future housing stock to
support the growing population in the city, to adequate housing for all income levels and to
support people at various stages in their lives, to drive Glendele's economy and provide
resources to the City's population to support future population growth, housing element is to
establish housing goals and policies that respond to the local housing conditions and needs, the
housing element is related and supported by the General plan's Community preservation
Redevelopment, land use, and Neighborhood preservation and Revitalization elements.
6
Goals and policies
The goals and policies in this element are designed to provide a full-range of housing options;
create welcoming, safe and tranquil neighborhoods that are aesthetically pleasing and
architecturally Varied; and provide housing that meets the needs of Glendale's special
needs populations.
-Community preservation and Revitalization theme:
Each element defines the City's direction to ensure protection of Glendale's neighborhoods and
heritage and the policies that will guide the City in enhancing livability, quality of place, and
quality of life.
Goals and Policies
Neighborhood preservation and revitalization goals and policies recognize the City's attention to
residential area needs. Continuing to facilitate the active neighborhood network is a high priority.
Preventative programs, especially for older neighborhoods, are advocated to maintain equitable
living conditions throughout the City.
-Economic Vitality theme:
The Cost of Development Element of the General Plan is the basis by which Glendale will plan
for and institute mechanisms to pay for infrastructure and public facility improvements, additions,
and extensions. These regulatory provisions will determine the proportion of financial
contribution from public and private sources and that these contributions are equitably
apportioned.
Goals and Policies
The goals and policies of the Cost of Development Element of the General Plan are based on
the concept of "fair share" contribution to the cost of infrastructure addition and extension.
-Connectivity theme:
The Connectivity Theme provides a multi-modal transportation system that links all modes of
transportation, including automobiles, public transit, walking, and bicycling to create a fluid
transportation network. To do this, the Connectivity Theme includes two state-mandated
elements:
•Circulation Element
•Bicycling and Pedestrian Element
Circulation Elements achieve walkability.
Bicycling and Pedestrian Element emphasizes the importance of the bicycle and walking as
both forms of recreation and viable alternate modes of transportation for Glendale residents.
bicycling and walking, both for recreation and as a mode of transportation.The bicycle network
includes existing bike routes,and proposed bike lanes in the recreation area.
Walkability is important for healthy, sustainable communities. Enhancing walkability improves
neighborhood and amenity accessibility, encourages healthy lifestyles, reduces air pollution, and
increases affordability
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Goals and Policies
Glendale intends to support bicycling and walking as healthy, energy-conserving transportation
alternatives and a valued part of the city's quality of life.
-Public service theme:
The Recreation Element provides the policy framework for the City. Detailed approaches to
recreation are further delineated in the Glendale Parks and Recreation Master Plan.
Goals and Policies
Varied, well-equipped public and private recreation facilities exemplify the City's commitment to
healthful leisure activities, which benefits persons of all ages. The following goals and policies
express Glendale's commitment to providing excellent recreational opportunities.
Shower head retrofits and the marketing of WaterSense appliances and fixtures.
Glendale used results from the focus groups to develop more effective educational programs
and a cost effective plan for the distribution of high efficiency shower heads. The shower heads
are distributed at local homeowner association meetings, apartments, school classrooms, and
adult classes at the City libraries. To encourage device installation, distribution includes a brief
educational class, a how-to demo, and literature reinforcing the WaterSense program.
Glendale's Xeriscape Demonstration Garden.The garden has over 400 species of low-water-use
plants.A volunteer workforce assists with the maintenance, management, and education at the
Garden. Educational tours can be set up for school groups and other residents wishing to learn
more about xeriscape gardening and the plants that are located there.
Goals and Policies
Careful stewardship of the community's resources provides an environment that allows a
community to thrive, contributing to a sustainable community and strengthening property values.
-Environmental Sustainability theme:
Environmental planning element
Air quality, water quality, Drinking water quality, Land suitability, Noise pollution, Light pollution
and Urban heat Island.
Goals and Policies
Protection of natural resources.Careful stewardship of the community's environmental resources
strengthens property values, provides for attractive residential areas, and supports vibrant local
businesses, fostering Glendale's success well into the future.
Energy Element
Existing and future residents are also encouraged to improve energy efficiency.
For new subdivisions in single-family residential zones, the City requires the subdivisions to be
designed to facilitate solar access and energy efficiency.
Goals and Policies
The following goals and policies provide guidance for enhancing energy efficiency in both the
public and private sector, and for the development, distribution, and use of renewable energy
resources throughout the community.
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ORANGEWOOD MEADOWS-II
R1-6 PRD DEVELOPMENT STANDARDS
DEVELOPMENT
STANDARDS
Minimum Net Lot Area
7650 sq.ft,
Minimum Lot Width
60’
Minimum Lot Depth
127.5’
Minimum Front Setback
. 2
20’ to 25
Minimum Rear Setback
30’
Minimum Side Setback
1
5’ & 10’
Minimum distance between
buildings on adjacent lots
3
15’
Minimum Street Side Yard
Setback
10’
Maximum Structure Height
30’
Maximum % Lot Coverage
40 %
1- Side Setbacks.
2- Front setback 20 feet to living area, 25 feet
to garages or carport
3-Minimum separation between buildings on
adjacent lots shall be fifteen (15) feet.
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*Utilities and Providers
Power and communications transition from overhead and telecommunication lines at the NEC
of Parcel 147-06-091A to underground within the alley as evidenced by transformers and
pedestals, Electricity provided by SRP, Telephone and Cables are provided by Century link and
Cox Communications respectively. Gas is available at West Orangewood Avenue and provided
by Southwest Gas. Domestic water service will be provided by the 12-inch main located in
Orangewood Avenue. An 8-inch sewer main in the alley will be used for domestic sewer service.
Both services are provided by the City of Glendale.
*Applicant Information
Name:
Million Abraham Kebede
Co. Name: Renaissance GC LLC
Address: 4248 ExRoma Avenue
Phoenix, Arizona, 85018
Email:
millionabraham@ymail.com
Phone No. 623-755-4659
*Description of The Intended Nature and Character of The
Development
Neither of the two parcels is developed, and no structures exist. This development is intended
to support in-fill development, restore the residential character, enhance the existing
community with consistent residential use,provide much needed residences within the City,bear
no impact on traffic or parking compared with commercial zoning parking needs and improve
the existing retention area for use as an open recreation space.
The existing parcels are vacant with minimal slope. Except for the existing retention, there are
no key site features. West Orangewood Avenue has an existing vertical curb with attached
sidewalk, as does 43rd Avenue.
*Public Improvements
The proposed development requires the standard improvements of All right-of-way will comply
with ADA standards, MAG standard details and City of Glendale Standard Details, and as noted
in the review comments and by the City of Phoenix street ADA coordinator comments for
sidewalks and ramps. which includes repairing pedestrian concrete walkways,repair curb gutters
,speed hump,concrete scupper to flow in the rain water to retention basin, Drywell
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chamber installation for retention basin, plugged in existing SRP structure, Alley access
driveway, Alley access gate, street light, water lines ,fire hydrant, sewer connection, Cables and
Power to serve the individual residential dwellings.There are the Landscape improvements at
the east and west side of the property identified as Tract-A and Tract-B respectively.
The existing speed hump location is reviewed to match with the proposed driveway locations.
There are three existing light poles meeting the 200 feet spacing typically required and two fire
hydrants exist on the south side of Orangewood Avenue,and proposed one fire hydrant at the
north side of Orangewood Avenue adjacent to the development in the approximate middle
location.
The City of Glendale streetlight program suggested one street light to be installed at the alley
entrance to the NEC of the property, we added one street light to the retention basin entrance
and two pedestrian light inside the amenities. The City of Phoenix suggested regarding traffic
signal modification “City of Glendale project manager reach out to Phoenix planning and
Development or Phoenix Traffic services to settle the item in question”. Care has been exercised
in siting each home on its lot to preserve existing locations of the light poles and hydrant.
*Landscape Maintenance Responsibilities
Orangewood Meadows-II homeowners association will be established and will be responsible
for maintenance of the landscape and amenities located within the open space proposed
development. Additionally, the portion of right of way between the back of the walk and the
property line, that is adjacent to an open space landscape tract-B, will also be the responsibility
of the homeowner’s association to maintain.
*Project Phasing
Based on the size of the development, all improvements of this project will be completed in one
phase. Project build out is expected in 12 months of the start of construction.
*General Landscape Concept
Common area
The open space recreational / retention area has been located on the west side of the
development Tract-A and there will be landscaping along the east side of the development
along 43rd Avenue Tract-B as suggested in the Development Review Team's initial review
comments. The existing retention area takes advantage of existing topography and supports the
current curb opening not only for drainage flows to the retention area but also to provide the
residents passive recreation area such as walkways, kid’s bike lanes,kids playground,Sitting
bench and Picnic tablets .The proposed landscaping plant material will be native to the
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southwest climate and will promote low water use. However, there will be use of turf within the
open space that will be utilized for recreational activities.
The development provides for approximately more than 15% open space, combined with the
adjacent City Public facilities, the provided open space should be more than sufficient for an
active residential community. The monument ORANGEWOOD MEADOWS-II will be located at
the North East corner of 43rd Avenue and orangewood Avenue, This Monument will be located
within a 30-feet wide Landscape buffer at the North side of site visibility triangle and at the
front end corner of Lot-I decorative fence wall. It is recognized that this is a focal point for the
residents within the proposed development, as well as the surrounding development, and
should be tastefully designed as such.
perimeter walls
The perimeter walls are viewable from the public right of way and the recreation area will have
an upgraded decorative design that is Compatible with the City of Glendale Medium Lot
Development standard. These walls will be enhanced with painted Stucco, wall ceramic, and
a precast concrete cap block as per attached Fence plan. In addition, the partition and rear
fence walls are made with CMU block Fence.
*Amenities
The Amenities being provided in the tract A is passive recreation area ,The existing retention
area takes advantage of existing topography to provide the residents passive recreation area
such as walkways, kid’s bike lanes,kids playground,Sitting bench and Picnic tablets in the area of
6,547 sq.ft. and it covers 9.83 % of the total development area.
*Outline of proposed Conditions, Covenants & Restrictions
The proposed outline of C.C. & R’s established to administer and maintain, repair and replace
and administration of the Areas of Association Responsibility and the enforcement of the
covenants, conditions and restrictions contained in this Declaration.
TYPICAL LAYOUT
The proposed Site Layout is developed according to the R1-6 PRD development
standard and surrounded by existing roads to the East 43rd Avenue, at south
Orangewood Avenue and at the North of the property there is Alley access combined
with 12’ P.U.E. The development had 20’ front setback to living area and 25’ front
setback to garages and carports,30’ Rear setback, and 5’ & 10’ Side setbacks,15’
between buildings,30’ maximum structural height with the minimum of 3’ stagger on
adjacent lots with the maximum lot coverage of 40%.
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RELATIONSHIP TO SURROUNDING PROPERTY AND
PROPOSED SCREENING BUFFERS , AND TRANSITIONS
Adjacent development Vista Estates north of this project typically have vertical or horizontal
siding with asphalt shingle roofs. The existing Orangewood Meadows homes west of the project
site are single and two-story homes of tan/beige stucco and variated light-colored tan/red/gray
tile roofs. Masonry walls separate existing residences from these vacant commercial lots along
the north and west sides. At the west side of the vacant lots is a retention basin that separates
the property from the adjacent residence. Across Orangewood Avenue on the south is the
Concept 80 Townhouse Association. These are two-story tan stucco with a combination of red
tile roofs and low-sloped roofs with parapet walls.
The north alley runs east-west at 43rd Avenue side with an existing 12-feet P.U.E. and then
attached to the existing alley, we were hoping the alley would be accessible for trucks between
Vista Estates and this new plat and requesting utility companies to relocate their utilities to the
new proposed location at 43rd Avenue side landscape buffer and 8-feet P.U.E. on Tract-B but
the utility companies (Century link, Cox Communications and City of Glendale water ) came up
with evidence that showed the original plat from Maricopa county which shows they built those
utilities on the existing 12-feet P.U.E. If we wanted to move those utility boxes to our proposed
location they would charge us approximately about $141,000.00. For this reason we’re unable
to create Alley access according to Land Engineering pre-application comments. But according
to transportation pre-application comments they were suggested to close the alley, and we’re
creating an alley access gate on the East side at 43rd Avenue and West side at 45th Avenue.We
attached the gate and fence design with a double padlock mechanism, one padlock to the
resident and utility company access and the other red padlock for fire fighters access in case the
fire fighters want to use the alley access they can use the East gate.
An open irrigation structure also exists at the NEC of the property belonging to SRP, and the
structure is very close to our development. We contacted them to resolve the issues and they
responded “The drain in question at 43rd Avenue and Orangewood is an inactive field drain and
will need to be plugged “.
DESIGN CONCEPT FOR PERIMETER WALLS ,ENTRY
FEATURES , & COMMON AREAS
The perimeter walls are viewable from the public right of way and recreation area will have an
upgraded decorative design that is Compatible with the City of Glendale Medium Lot
Development standard. These walls will be enhanced with painted Stucco, wall ceramic, and
a precast concrete cap block as per attached Fence plan. In addition, the partition and rear
fence walls are made with CMU block Fence, and the alley access gate made of wrought iron.
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PROPOSED CROSS SECTIONS FOR ALL INTERIOR AND
PERIMETER STREET
This Development is surrounded by an existing 43rd Avenue Arterial road, Orangewood Avenue
right of way access road, Alley access and P.U.E. Currently we aren’t proposing street cross
sections to this development.
HOUSE PRODUCT DESIGN CRITERIA
The purpose of homes are two story plans which will exhibit a high-level of quality and will be
compatible with the adjacent orangewood meadow development. The house products
proposed for this development are seven unit house products which are 37 feet and 42 feet
wide with sx different floor plans ranging from 2766 ft.² to 4612 ft.² with a building height not to
exceed 30 feet.
All of the house products have ground mounted mechanical equipments,full stucco exteriors
with brick veneer and metal cladding wall, tile roofs,dual pane windows, pop-outs around
windows, doors, and garage opening,stucco columns, covered from entries, standard rear yard
patio covers and a variety of color choices.Those seven unit houses are designed and updated
Per City of Glendale medium Lot development standards of house product design manual, The
house products are consistent with the goals and policies of the City of Glendale General
Plan-Envision Glendale 2040 grows and development theme to meet quality residential
Neighborhood.
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ON-SITE & OFF-SITE DRAINAGE
The on-site drainage design for the site has been designed to control and retain the “pre vs.
post 100-year, 2-hour storm event as required by the City of Glendale Engineering and Design
Standards.One retention basin is proposed.
It is desired this project extends the current residential use to become a viable, sustainable
community to provide much needed housing within the City as soon as possible. There are no
known issues and hope all review processes can be accomplished expeditiously.
Million Kebede
6 / 13 / 2024
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WHEN RECORDED, RETURN TO:
Million A. Kebede
Renaissance GC LLC
4248 E Roma Avenue
Phoenix,AZ,85018
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
ORANGEWOOD MEADOWS-II
PP 22-03
TABLE OF CONTENT
ARTICLE 1 DEFINITIONS
ARTICLE 2 PROPERTY AND PERSONS BOUND BY DECLARATION
2.1 PURPOSE AND BINDING EFFECT
2.2 DISCLAIMER OF IMPLIED COVENANTS
ARTICLE 3 ARCHITECTURAL CONTROL
3.1 APPROVAL REQUIRED
3.2 REVIEW OF PLANS
3.3 VARIANCES
3.4 CONSTRUCTION OF IMPROVEMENTS
3.5 NO CHANGES WITHOUT APPROVAL
3.6 REVIEW FEE
3.7 NEW CONSTRUCTION
3.8 NO WARRANTY
3.9 CONDITIONAL APPROVAL
3.10 IMPROVEMENTS TO AREAS OF ASSOCIATION RESPONSIBILITY
3.11 DESIGN REVIEW COMMITTEE
ARTICLE 4 USE RESTRICTION
4.1 RESIDENTIAL USE
4.2 TEMPORARY OCCUPANCY AND TEMPORARY BUILDINGS
4.3 NUISANCES; CONSTRUCTION ACTIVITIES
4.4 DISEASES AND INSECTS
4.5 ANTENNAS
4.6 MINERAL EXPLORATION
4.7 TRASH CONTAINERS AND COLLECTION
4.8 CLOTHES DRYING FACILITIES
4.9 UTILITY SERVICE
4.10 OVERHEAD ENCROACHMENTS
4.11 ANIMALS
4.12 MACHINERY AND EQUIPMENT
4.13 SIGNS
4.14 FURTHER SUBDIVISION, PROPERTY RESTRICTIONS, REZONING AND
TIMESHARES
4.15 VEHICLES AND PARKING
4.16 DRAINAGE
4.17 GARAGES AND CARPORTS
4.18 ROOFTOP HVAC EQUIPMENT PROHIBITED
4.19 BASKETBALL GOALS AND BACKBOARDS
4.20 PLAYGROUND EQUIPMENT
4.21 RENTAL OF LOTS
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4.22 SCREENING MATERIALS
4.23 LIGHTS
ARTICLE 5 EASEMENTS
5.1 EASEMENTS FOR USE OF COMMON AREA
5.2 UTILITY AND DEVELOPMENT EASEMENTS
5.3 EASEMENTS TO FACILITATE DEVELOPMENT
5.4 DEDICATIONS AND EASEMENTS REQUIRED BY GOVERNMENTAL AUTHORITY
5.5 FURTHER ASSURANCES
5.6 DURATION OF DEVELOPMENT RIGHTS; ASSIGNMENT
5.7 ASSOCIATION POWERS AND RIGHTS
5.8 EASEMENT FOR MAINTENANCE AND ENFORCEMENT
5.9 EASEMENTS FOR ENCROACHMENTS
5.10 RIGHTS OF BUILDERS
ARTICLE 6 THE ASSOCIATION; ORGANIZATION; MEMBERSHIP AND VOTING
RIGHTS
6.1 FORMATION OF ASSOCIATION
6.2 BOARD OF DIRECTORS AND OFFICERS
6.3 THE ASSOCIATION RULES
6.4 PERSONAL LIABILITY
6.5 IMPLIED RIGHTS
6.6 IDENTITY OF MEMBERS
6.7 CLASSES OF MEMBERS AND VOTING RIGHTS
6.8 VOTING PROCEDURES
6.9 TRANSFER OF MEMBERSHIP
6.10 CONVEYANCE OR ENCUMBRANCE OF COMMON AREA
6.11 SUSPENSION OF VOTING RIGHTS
ARTICLE 7 COVENANT FOR ASSESSMENTS AND CREATION OF LIEN
7.1 OBLIGATION TO PAY ASSESSMENTS AND OTHER CHARGES
7.2 REGULAR ASSESSMENTS
7.3 SPECIAL ASSESSMENTS
7.4 ASSESSMENT PERIOD
7.5 OBLIGATION OF DECLARANT AND DESIGNATED BUILDERS FOR
DEFICIENCIES
7.6 RULES REGARDING BILLING AND COLLECTION PROCEDURES
7.7 CREATION OF ASSESSMENT LIEN; EFFECT OF NONPAYMENT OF
ASSESSMENTS;REMEDIES OF THE ASSOCIATION
7.8 PURPOSES FOR WHICH ASSOCIATION'S FUNDS MAY BE USED
7.9 SURPLUS FUNDS
7.10 INITIAL CAPITAL CONTRIBUTION
7.11 TRANSFER FEE
ARTICLE 8 MAINTENANCE
8.1 AREAS OF ASSOCIATION RESPONSIBILITY
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8.2 LOT OWNER'S RESPONSIBILITY
8.3 ASSESSMENT OF CERTAIN COSTS OF MAINTENANCE AND REPAIR
8.4 IMPROPER MAINTENANCE AND USE OF LOTS
8.5 BOUNDARY WALLS
8.6 MAINTENANCE OF WALLS OTHER THAN BOUNDARY WALLS
ARTICLE 9 INSURANCE
9.1 SCOPE OF COVERAGE
9.2 CERTIFICATES OF INSURANCE
9.3 PAYMENT OF INSURANCE PROCEEDS
9.4 REPAIR AND REPLACEMENT OF DAMAGED OR DESTROYED PROPERTY
ARTICLE10 DISPUTE RESOLUTION
10.1 AGREEMENT TO RESOLVE CERTAIN DISPUTES WITHOUT LITIGATION
10.2 NOTICE OF CLAIM
10.3 MEDIATION
10.4 BINDING ARBITRATION
10.5 RIGHT TO ENTER, INSPECT, REPAIR AND/OR REPLACE
10.6 USE OF FUNDS
10.7 APPROVAL OF LITIGATION
ARTICLE 11 GENERAL PROVISIONS
11.1 ENFORCEMENT
11.2 DURATION; TERMINATION
11.3 AMENDMENTS
11.4 CONDEMNATION OF COMMON AREA
11.5 INTERPRETATION
11.6 SEVERABILITY
11.7 CHANGE OF CIRCUMSTANCES
11.8 LAWS, ORDINANCES AND REGULATIONS
11.9 REFERENCES TO THIS DECLARATION IN DEEDS
11.10 GENDER AND NUMBER
11.11 CAPTIONS AND TITLES
11.12 FHA/VA APPROVAL
11.13 NO ABSOLUTE LIABILITY
11.14 REFERENCES TO VA AND FHA
LEGAL DESCRIPTION
Notary Public
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
ORANGEWOOD MEADOWS-II
This Declaration of Covenants, Conditions, and Restrictions for Orangewood Meadows-II (the
"Declaration") is made this __ day of ____________,2023,by Renaissance General contractor,
an Arizona Limited Liability Company (the "Declarant").
INTRODUCTION
A. The Declarant is the Owner of fee title to the real property located in the City of Glendale,
Maricopa County, Arizona, legally described on Exhibit A attached hereto (the "Property").
B. By executing and recording this Declaration with the County Recorder of Maricopa
County, Arizona, the Declarant intends to impose upon the Property mutually beneficial
covenants, conditions, restrictions and easements to establish a flexible and reasonable
procedure for the overall development, administration, maintenance, use and preservation of
the Property. Declarant intends for this Declaration to create equitable servitudes and covenants
appurtenant to and running with the Property and which will be binding upon all future Owners
of all or any portion of the Property and any other Person acquiring any right, title or interest in
or to all of any portion of the Property.
C. Declarant deems it desirable to provide for the creation of a nonprofit corporation under
the laws of the State of Arizona to administer and maintain, repair and replace the Areas of
Association Responsibility and to provide for the levying and collecting of Assessments and
other charges by the Association for the purpose, among other things, of paying all costs and
expenses incurred or to be incurred by the Association in connection with the maintenance,
repair and replacement and administration of the Areas of Association Responsibility and the
enforcement of the covenants, conditions and restrictions contained in this Declaration.
ARTICLE 1
DEFINITIONS
Unless otherwise defined, the following words and phrases when used in this Declaration
shall have the meanings set forth in this Article.
1.1 "Areas of Association Responsibility" means (a) all Common Area; and (b) all land,
and the Improvements situated thereon, located within the boundaries of a Lot or a public
right-of-way which the Association is obligated to maintain, repair and replace pursuant to the
terms of this Declaration or other Recorded document executed by the Declarant or the
Association.
1.2 "Articles" means the Articles of Incorporation of the Association, as amended from time
to time.
1.3 "Assessable Lot" means a Lot owned by a Person other than the Declarant.
1.4 "Assessment" means a Regular Assessment or Special Assessment.
1.5 "Assessment Lien" means the lien created and imposed by Article 7.
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1.6 "Assessment Period" means the period set forth in Section 7.4.
1.7 "Association" means Orangewood Meadows-II association, an Arizona
nonprofit corporation, and its successors and assigns.
1.8 "Association Rules" means the rules adopted by the Board pursuant to Section 6.3.
1.9 "Board" means the Board of Directors of the Association.
1.10 "Builder" means any Person who purchases six or more Lots for the purpose of
resale in the ordinary course of such Person’s business.
1.11 "Bylaws" means the Bylaws of the Association, as amended from time to time.
1.12 "Common Area" means the following described real property:
Tract A, Re-Plat Orangewood Meadows-II, Parcel 1, according to the plat recorded in
Book 317, page16, records of Maricopa County, Arizona;
Tract B ,Orangewood Meadows-II, Parcel 2, according to the plat recorded in Book
317, page,16, records of Maricopa County, Arizona;
In addition, Common Areas shall include all land, together with all Improvements situated
thereon, which the Association at any time owns in fee or in which the Association has a
leasehold interest for as long as the Association is the owner of the fee or leasehold interest,
except that Common Area shall not include any Lot the Association acquires by the foreclosure
of the Assessment Lien or any deed in lieu of foreclosure.
1.13 "Common Expenses" means the actual and estimated expenses incurred or
anticipated to be incurred by or on behalf of the Association, including any allocations to
reserves determined by the Board to be necessary and appropriate, and all other financial
liabilities of the Association.
1.14 "Community Documents" means, collectively, this Declaration, the Articles, the
Bylaws, the Association Rules and Design Guidelines, all as amended from time to time.
1.15 "Declarant" means Renaissance General contractor , an Arizona Limited Liability
Company , and any Person to whom it may expressly assign any or all of its rights under this
Declaration by a Recorded instrument.
1.16 "Declarant Control Period" means the period commencing upon the Recording of this
Declaration and ending on the date that the Class B membership in the Association terminates
pursuant to Section 6.7.
1.17 "Declaration" means this Declaration of Covenants, Conditions, and Restrictions for
Royal Ranch, as amended from time to time.
1.18 "Design Guidelines" means the procedures, standards and guidelines adopted by the
Design Review Committee pursuant to Section 3.11, as amended or supplemented from time to
time.
1.19 "Design Review Committee" means the committee created pursuant to Section 3.11.
1.20 "First Mortgage" means any mortgage or deed of trust on a Lot which has priority over
all other mortgages and deeds of trust on the same Lot.
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1.21 "First Mortgagee" means the holder or beneficiary of any First Mortgage.
1.22 "Improvement" means: (a) any Residence, building, fence or wall; (b) any
swimming pool, tennis court, basketball goal, backboard or apparatus or playground equipment;
(c) any road, driveway or parking area; (d) any trees, plants, shrubs, grass or other landscaping
improvements of any type and kind; (e) any statuary, fountain, artistic work, craft work, figurine
or ornamentation of any type or kind, and (f) any other structure of any type, kind or nature.
1.23 "Lessee" means the lessee or tenant under a lease, oral or written, of any Lot
including an assignee of the lessee’s or tenant’s interest under a lease.
1.24 "Lot" means a parcel of land within the Project, whether improved or unimproved,
intended for independent ownership and use and designated as a “lot" on the Plat and any
Residence, building, structure or other Improvement situated thereon.
1.25 "Maintenance" means care, inspection, maintenance, operation, repair, repainting,
remodeling, restoration, improvement, renovation, alteration, replacement and reconstruction.
1.26 "Maintenance Standard" means the standard of Maintenance of Improvements
situated on Lots established from time to time by the Board or, in the absence of any standard
established by the Board, the standard of Maintenance of Improvements situated on Lots
generally prevailing throughout the Project.
1.27 "Member" means any Person who is a member of the Association as provided in
Section 6.6.
1.28 "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 beneficial or equitable title) to the
fee simple interest of a Lot. In the case of Lots subject to an option agreement, the optionor
shall be considered the Owner. Owners shall not include Persons having an interest in a Lot
merely as security for the performance of an obligation or a Lessee. Owner shall include a
purchaser under a Recorded contract for the conveyance of real property subject to the
provisions of A.R.S. § 33- 741 et. seq. Owner shall not include a purchaser under a purchase
contract and receipt, escrow instructions or similar executory contracts which are intended to
control the rights and obligations of the parties to the executory contracts pending the closing of
a sale or purchase transaction. In the case of a Lot subject to a deed of trust pursuant to
Arizona Revised Statutes, Section 33-801, et seq., the Trustor shall be deemed to be the
Owner. In the case of a Lot the fee simple title to which is vested in a trustee pursuant to a
subdivision trust agreement or similar agreement, the beneficiary of any such trust who is
entitled to possession of the trust property shall be deemed to be the Owner.
1.29 "Person" means a natural person, corporation, limited liability company, business trust,
estate, trust, partnership, association, joint venture, government, governmental subdivision or
agency, or other legal or commercial entity.
1.30 "Plat" means, individually and collectively, the following subdivision plats and all
amendments, supplements and corrections thereto:
Re-Plat Orangewood Meadows-II,Lot-12, Parcel-1, recorded in Book 317 of maps,
page 16, records of Maricopa County, Arizona;
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Re-Plat Orangewood Meadows-II,Lot-12, Parcel 2, recorded in Book 317 of maps,
Page 16, records of Maricopa County, Arizona;
1.31 "Property" or "Project" means the real property described on Exhibit A attached to this
Declaration together with all Improvements located thereon, and any part of the Additional
Property, together with all Improvements thereon, which is annexed and subjected to this
Declaration pursuant to Section 2.2.
1.32 "Purchaser" means any Person, other than the Declarant, who by means of a
voluntary transfer becomes the Owner of a Lot, except for: (a) a Person who purchases a Lot
and then leases it to the Declarant for use as a model in connection with the sale or lease of
other Lots; or (b) a Person who, in addition to purchasing a Lot, is assigned any or all of the
Declarant's rights under this Declaration.
1.33 "Recording" means placing an instrument of public record in the office of the County
Recorder of Maricopa County, Arizona, and Recorded means having been placed on public
record.
1.34 "Regular Assessment" means the Assessments levied pursuant to Section 7.2.
1.35 "Residence" means any building, or portion of a building, situated upon a Lot
and designed and intended for independent ownership and for use and occupancy as a
residence.
1.36 "Resident" means each person occupying or residing in any Residence.
1.37 "Special Assessment" means any assessment levied pursuant to Section 7.3.
1.38 "Visible From Neighboring Property" means, with respect to any given
Improvement, that such Improvement is or would be visible to a natural person six feet tall,
standing at ground level on any part of any Lot, the Common Area or any public street within or
adjacent to the Project.
ARTICLE 2
PROPERTY AND PERSONS BOUND BY DECLARATION
2.1 Purpose and Binding Effect.
Declarant is the record owner of fee title to the Property. Declarant intends by this
Declaration to impose upon the Property covenants, conditions, restrictions and easements to
create a general plan of development for the Property and to provide a flexible and reasonable
procedure for the administration, maintenance, preservation, use and enjoyment of the Property.
The Declarant declares that all of the Property shall be held, sold, used and conveyed subject to
the easements, restrictions, conditions and covenants set forth in this Declaration which are for
the purpose of protecting the value, desirability and appearance of the Property. Declarant
further declares that all of easements, restrictions, conditions and covenants in this Declaration
shall run with the Property and shall be binding upon and inure to the benefit of the Declarant
and all Owners, Lessees and Residents and all other Persons having or acquiring any right, title
or interest in the Property or any part thereof, their heirs, successors, successors in title and
assigns. Each Person who acquires any right, title or
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interest in the Property, or any part thereof, agrees to abide by all of the provisions of the
Community Documents. This Declaration shall be binding upon and shall be for the benefit of
and enforceable by the Association. Declarant makes no warranties or representations, express
or implied, as to the binding effect or enforceability of all or any portion of the Community
Documents, or as to the compliance of any of the provisions of the Community Documents with
public laws, ordinances and regulations applicable thereto.
2.2 Disclaimer of Implied Covenants.
Nothing contained in this Declaration and nothing which may be represented to a
purchaser by real estate brokers or salesmen shall be deemed to create any implied covenants,
servitudes or restrictions with respect to the use of any property subject to this Declaration.
ARTICLE 3
ARCHITECTURAL CONTROL
3.1 Approval Required.
As used in this Article 3, "Construction" means any devegetation, excavation or grading
work or the construction, erection or installation of an Improvement on a Lot, and "Modification"
means an addition, alteration, repair, change or other work which in any way alters the exterior
appearance of any Improvement located on a Lot. No Construction or Modification shall be
made or done without the prior written approval of the Design Review Committee.
Any Owner desiring approval of the Design Review Committee for any Construction or
Modification shall submit to the Design Review Committee a written request for approval
specifying in detail the nature and extent of the Construction or Modification which the Owner
desires to perform. The request for approval must be accompanied by plans or specifications
showing the nature, kind, color, shape, height, materials and location of the Improvements and
such other information as may be required by the Design Guidelines. Any Owner requesting the
approval of the Design Review Committee shall also submit to the Design Review Committee
any additional information, plans and specifications which the Design Review Committee may
request.
In the event that the Design Review Committee fails to approve or disapprove a complete
application for approval within forty-five (45) days after the application, together with any fee
payable pursuant to Section 3.6 and all supporting information, plans and specifications
requested by the Design Review Committee, have been submitted to the Design Review
Committee, approval will not be required and this Section will be deemed to have been
complied with by the Owner who requested approval of such plans. The approval by the Design
Review Committee of any Construction or Modification shall not be deemed a waiver of the
Design Review Committee's right to withhold approval of any similar Construction or
Modification subsequently submitted for approval.
3.2 Review of Plans.
In reviewing plans and specifications for any Construction or Modification, the Design
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Review Committee may consider any and all factors which the Design Review Committee, in its
sole and absolute discretion, determines to be relevant including, but not limited to: (a) the
harmony of the proposed Improvements with existing Improvements in the Project or with
Improvements previously approved by the Design Review Committee but not yet constructed;
(b) the location of the proposed Improvements in relation to existing topography, finished grade
elevations, roads, Common Area and other structures; (c) the exterior design, finish materials
and color of the proposed Improvements; and (d) compliance of the proposed Improvements
with this Declaration and the Design Guidelines. The Design Review Committee may
disapprove plans and specifications for any Construction or Modification even though the plans
and specifications may be in substantial compliance with this Declaration and the Design
Guidelines if the Design Review Committee, in its sole and absolute discretion, determines that
the proposed Construction or Modification, or some aspect or portion thereof, is undesirable or
unattractive.
Decisions of the Design Review Committee may be based on purely aesthetic
considerations. Each Owner acknowledges that determinations as to such matters are purely
subjective and opinions may vary as to the desirability and attractiveness of certain
Improvements. Each Owner agrees that the decision of the Design Review Committee shall be
final on all matters submitted to it pursuant to this Declaration.
The provisions of this Article do not apply to, and approval of the Design Review Committee
shall not be required for, any Construction or Modification or any other work made by, or on
behalf of, the Declarant. The approval required of the Design Review Committee pursuant to
this Article 3 shall be in addition to, and not in lieu of, any approvals or permits which may be
required under any federal, state or local law, statute, ordinance, rule or regulation.
The Design Review Committee, by resolution, may exempt certain Construction or
Modifications from the application and approval requirements of this Article, provided such
Construction or Modifications are undertaken in strict compliance with the requirements of such
resolution. No approval shall be required to repaint the exterior of a structure in accordance with
the originally approved color scheme or to rebuild in accordance with originally approved plans
and specifications. Any Owner may remodel, paint or redecorate the interior of a Residence
without approval so long as such activity does not affect the exterior appearance of the
Residence.
3.3 Variances.
The Design Review Committee may authorize variances from compliance with any provision
of the Design Guidelines in circumstances where the design meets the intent of the provision
sought to be varied and where granting of the variance would enhance design innovation and
excellence, or when circumstances such as topography, natural obstructions,
hardship, or aesthetic or environmental considerations so require, and the Design Review
Committee determines, in its sole discretion, that the objective of the particular requirement can
still be achieved. No variance shall be effective unless in writing and signed by an authorized
representative of the Design Review Committee. No variance may be contrary to this
Declaration or estop the Design Review Committee from denying a variance in other
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circumstances including, without limitation, circumstances similar or identical to circumstances
under which the Design Review Committee previously granted a variance. For purpose of this
Section, the inability to obtain approval of any governmental agency, issuance of any permit, or
the terms of any financing shall not constitute hardships.
3.4 Construction of Improvements.
Upon receipt of approval from the Design Review Committee for any Construction or
Modification, the Owner who had requested such approval shall commence the Construction or
Modification approved by the Design Review Committee within ninety (90) days after the date
the Construction or Modification was approved by the Design Review Committee and shall
diligently pursue such Construction or Modification so that it is completed as soon as reasonably
practicable and within such time as may be prescribed by the Design Review Committee. If the
Construction or Modification is not commenced within the time period presented in this Section,
the Design Review Committee may revoke its prior approval of the Construction or Modification.
3.5 No Changes Without Approval.
Any Construction or Modification approved by the Design Review Committee must be done
or performed in accordance with the plans and specifications approved by the Design Review
Committee. No change, deletion or addition to the plans and specifications approved by the
Design Review Committee may be made without the prior written approval of the Design Review
Committee.
3.6 Review Fee.
The Design Review Committee shall have the right to charge a fee for reviewing requests for
approval of any Construction or Modification, which fee shall be payable at the time the
application for approval is submitted to the Design Review Committee. The fee charged by the
Design Review Committee may include the actual or estimated fees or costs incurred or
anticipated to be incurred by the Design Review Committee in consulting with, or having the
application reviewed by, architects, engineers or other professionals. The Association may
retain architects, engineers or other persons as deemed necessary to review applications or
otherwise assist the Design Review Committee.
3.7 New Construction.
All Improvements constructed on Lots shall be of new construction, and no buildings or other
structures shall be removed from other locations on to any Lot.
3.8 No Warranty.
The approval by the Design Review Committee of any Construction or Modification shall not
be deemed a warranty or representation by the Design Review Committee as to the quality of
such Construction or Modification or that such Construction or Modification conforms to any
applicable building codes or other federal, state or local law, statute, ordinance, rule or
regulation.
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3.9 Conditional Approval.
The Design Review Committee may condition its approval of plans and specifications upon
the agreement by the Owner submitting such plans and specifications to furnish to the
Association a bond or other security acceptable to the Design Review Committee in an amount
determined by the Design Review Committee to be reasonably sufficient to: (a) assure the
completion of the proposed Improvements or the availability of funds adequate to remedy any
nuisance or unsightly conditions occurring as a result of the partial completion of such
Improvement, and (b) repair any damage which might be caused to any Area of Association
Responsibility as a result of such work. Provided there is no damage caused to any Area of
Association Responsibility by the Owner or its agents or contractors, any such bond shall be
released or security shall be fully refundable to the Owner upon the completion of the
Improvements in accordance with the plans and specifications approved by the Design Review
Committee and the Owner's written request to the Design Review Committee.
3.10 Improvements to Areas of Association Responsibility.
If plans and specifications submitted to the Design Review Committee pertain to an
Improvement which is within an Area of Association Responsibility so that the Association is
responsible for the maintenance, repair and replacement of such Improvement, the Design
Review Committee may condition its approval of the plans and specifications for the proposed
Construction or Modification with respect to the Improvement on the execution by the Owner of
an agreement in form and substance acceptable to the Design Review Committee and the
Board which obligates the Owner to reimburse the Association for the future cost of the repair,
maintenance or replacement of such Improvement. Any such agreement shall be Recorded.
3.11 Design Review Committee.
So long as the Declarant owns one or more Lots, the Declarant shall have the sole right to
determine the number of members on the Design Review Committee and to appoint and
remove the members of the Design Review Committee. At such time as the Declarant no longer
owns any Lot, the Board shall determine the number of members on the Design Review
Committee, and the members of the Design Review Committee shall be appointed and may be
removed by the Board. The Declarant may at any time voluntarily surrender its right to appoint
and remove the members of the Design Review Committee, and in that event the Declarant
may require, for so long as the Declarant own any Lot, that specified actions of the Design
Review Committee, as described in a Recorded instrument executed by the Declarant, be
approved by the Declarant before they become effective.
The Design Review Committee may adopt, amend and repeal architectural guidelines,
standards and procedures to be used in rendering its decisions. Such guidelines, standards and
procedures may include, without limitation, provisions regarding: (a) the size and height of
Residences: (b) architectural design, with particular regard to the harmony of the design with the
surrounding structures and typography; (c) placement of Residences and other buildings; (d)
landscaping design, content and conformance with the character of the Property and permitted
and prohibited plants; (e) requirements concerning exterior color schemes, exterior
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finishes and materials; (f) signage; (g) perimeter and screen wall design and appearance; (h)
time periods for commencement and completion of any approved construction or modification;
and (i) rules and regulations governing construction activities. Any adoption, amendment or
repeal of the Design Guidelines after the Declarant no longer has the right to appoint the Design
Review Committee must be approved by the Board.
The Design Review Committee may establish one or more subcommittees consisting of one
or more members of the Design Review Committee and may delegate to such subcommittee or
subcommittees the authority and power of the Design Review Committee to approve or
disapprove any Construction or Modification within a specified portion of the Project.
ARTICLE 4
USE RESTRICTION
4.1 Residential Use.
All Lots and Residences shall be used, improved and devoted exclusively to residential use.
No trade or business may be conducted on any Lot or in or from any Residence, except that the
Owner, Lessee or other Resident of a Residence may conduct a business activity within the
Residence so long as: (a) the existence or operation of the business activity is not apparent or
detectable by sight, sound or smell from outside the Residence; (b) the business activity is a
legal activity and conforms to all applicable zoning ordinances or requirements for the Project;
(c) the business activity does not involve persons coming to the Lot to purchase goods or
services or the door-to-door solicitation of Owners, Lessees or Residents in the Project; (d) the
use of the Residence for trade or business in no way destroys or is incompatible with the
residential character of the Residence or the surrounding neighborhood; (e) the trade or
business is conducted only inside the Residence, and does not involve the viewing, purchasing
or taking delivery of goods or merchandise at, to, from or in any Residence; (f) the trade or
business is conducted by a Resident or Residents of the Residence with no employee working
in or from such Residence who is not a Resident thereof; (g) the volume of vehicular or
pedestrian traffic or parking generated by such trade or business does not result in congestion
or be in excess of what is customary in a residential neighborhood; (h) the trade or business
does not utilize flammable liquids or hazardous materials in quantities not customary to a
residential use; and (i) the use of the Residence for a trade or business does not violate any
other provision of the Community Documents.
The terms "business" and "trade" as used in this Section shall be construed to have ordinary,
generally accepted meanings, and shall include, without limitation, any occupation, work or
activity undertaken on an ongoing basis which involves the provision of goods or services to
persons other than the provider's family and for which the provider receives a fee, compensation
or other form of consideration, regardless of whether: (a) such activity is engaged in full or part
time; (b) such activity is intended or does generate a profit; or (c) a license is required for such
activity. The leasing of a Residence by the Owner thereof shall not be considered a trade or
business within the meaning of this Section.
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4.2 Temporary Occupancy and Temporary Buildings.
No trailer, basement of any incomplete building, tent, shack, garage or barn, and no
temporary buildings or structures of any kind, shall be used at any time for a residence, either
temporary or permanent. Temporary buildings, trailers or other structures used during the
construction of Improvements approved by the Design Review Committee shall be removed
immediately after the completion of construction, and in no event shall any such buildings,
trailers or other structures be maintained or kept on any property for a period in excess of twelve
months without the prior written approval of the Design Review Committee.
4.3 Nuisances; Construction Activities.
No rubbish or debris of any kind shall be placed or permitted to accumulate on any Lot or
other property, and no odors or loud noises shall be permitted to arise or emit therefrom, so as
to render any such property or any portion thereof, or activity thereon, unsanitary, unsightly,
offensive or detrimental to any other property in the vicinity thereof or to the Residents of such
other property. No condition shall be permitted to exist or operate upon any Lot or other property
so as to be offensive or detrimental to any other property in the vicinity thereof or to its
Residents. Normal construction activities and parking in connection with the building of
Improvements on a Lot shall not be considered a nuisance or otherwise prohibited by this
Declaration, but Lots shall be kept in a neat and tidy condition during construction periods, trash
and debris shall not be permitted to accumulate, and supplies of brick, block, lumber and other
building materials will be piled only in such areas as may be approved in writing by the Design
Review Committee. In addition, any construction equipment and building materials stored or
kept on any Lot during the construction of Improvements may be kept only in areas approved in
writing by the Design Review Committee, which may also require screening of the storage
areas. The provisions of this Section shall not apply to construction activities of the Declarant or
a Designated Builder.
4.4 Diseases and Insects.
No Person shall permit any thing or condition to exist upon any Lot which shall induce, breed
or harbor infectious plant diseases or noxious insects.
4.5 Antennas.
To the extent permitted by applicable law, the installation of antennas, satellite dishes or
other devices for the transmission or reception of television or radio signals or any other form of
electromagnetic radiation shall be subject to the prior written approval of the Design Review
Committee. Therefore, no antenna, satellite or microwave dish or other device for transmission
or reception of television or radio signals shall be constructed, installed, erected, used or
maintained on any Lot without the prior written approval of the Design Review Committee
unless applicable law prohibits the Design Review Committee from requiring such approval.
Even if applicable law prohibits the Design Review Committee from requiring prior approval for
the installation of certain antennas, any such antennas must still be installed in accordance with
the Design Guidelines.
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4.6 Mineral Exploration.
No Lot shall be used in any manner to explore for or to remove any water, oil or other
hydrocarbons, minerals of any kind, gravel, gas, earth or any earth substance of any kind.
4.7 Trash Containers and Collection.
No garbage or trash shall be placed or kept on any Lot except in covered containers of a
type, size and style which are approved by the Design Review Committee. In no event shall
such containers be kept or placed on a Lot so as to be Visible From Neighboring Property
except to make the same available for collection and then only for the shortest time reasonably
necessary to effect such collection. All rubbish, trash, or garbage shall be removed from Lots
and shall not be allowed to accumulate thereon. No outdoor incinerators shall be kept or
maintained on any Lot.
4.8 Clothes Drying Facilities.
No outside clothes lines or other outside facilities for drying or airing clothes shall be erected,
placed or maintained on any Lot so as to be Visible From Neighboring Property.
4.9 Utility Service.
No lines, wires, or other devices for the communication or transmission of electric current or
power, including telephone, television, and radio signals, shall be erected, placed or maintained
anywhere in or upon any Lot unless the same shall be contained in conduits or cables installed
and maintained underground or concealed in, under or on buildings or other structures
approved by the Design Review Committee. No provision of this Declaration shall be deemed to
forbid the erection of temporary power or telephone structures incident to the construction of
buildings or structures approved by the Design Review Committee.
4.10 Overhead Encroachments.
No tree, shrub, or planting of any kind on any Lot shall be allowed to overhang or otherwise
to encroach upon any sidewalk, street, pedestrian way or other area from ground level to a
height of eight (8) feet without the prior written approval of the Design Review Committee.
4.11 Animals.
No animal, bird, fowl, poultry, reptile or livestock may be kept on any Lot, except that a
reasonable number of dogs, cats, parakeets or similar household birds may be kept on a Lot if
they are kept, bred or raised thereon solely as domestic pets and not for commercial purposes.
The Board shall have the authority to determine what is a reasonable number of dogs, cats,
parakeets or similar household birds for any particular Lot, and the Board's determination shall
be final. All dogs, cats or other pets permitted under this Section shall be confined to an Owner's
Lot, except that a dog may be permitted to leave an Owner's Lot if such dog is at all
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times kept on a leash not to exceed six feet (6') in length and is not permitted to enter upon any
other Lot. Any person bringing a dog onto the Common Area shall immediately remove any
feces deposited on the Common Area by the dog. The Board may restrict the portions of the
Common Area on which dogs are permitted.
No animal, bird, fowl, poultry or livestock shall be allowed to make an unreasonable amount
of noise or to become a nuisance. No structure for the care, housing or confinement of any
animal, bird, fowl, poultry, or livestock shall be maintained so as to be Visible From Neighboring
Property. Upon the written request of any Owner, Lessee or Resident, the Board shall
conclusively determine, in its sole and absolute discretion, whether, for the purposes of this
Section, a particular animal, bird, fowl, poultry, or livestock is a nuisance or making an
unreasonable amount of noise. Any decision rendered by the Board shall be enforceable in the
same manner as other restrictions set forth in this Declaration.
The Board may adopt rules and regulations further restricting and governing animals within
the Property, which rules may include, without limitation rules providing for the removal from the
Property of a domestic pet which has bitten or attacked a person or other animal, has a
propensity to attack persons or other animals or otherwise constitutes a threat to the safety of
persons or other animals in the Property or which because of incessant barking or other
behavior constitutes an unreasonable annoyance or nuisance to Owners and Occupants.
4.12 Machinery and Equipment.
No machinery or equipment of any kind shall be placed, operated or maintained upon or
adjacent to any Lot, except such machinery or equipment as is usual and customary in
connection with residential use of property or machinery or equipment necessary for the
construction of a Residence, building, structure, or other Improvement on the Lot.
4.13 Signs.
Except for signs constructed or erected by the Declarant or by the Association, no signs
whatsoever may be erected, posted or displayed on any Lot in a location that is Visible From
Neighboring Property without the prior written approval of the Design Review Committee.
4.14 Further Subdivision, Property Restrictions, Rezoning and Timeshares.
Without the prior written approval of the Design Review Committee and the Board, no Owner
other than the Declarant shall do any of the following: (a) further subdivide a Lot or separate the
Lot into smaller lots or parcels; (b) convey or transfer less than all of a Lot; or (c) replat the Lot
or combine the Lot with other Lots. No further covenants, conditions, restrictions or easements
shall be recorded by any Owner, Lessee, or other Person other than the Declarant against any
Lot without the provisions thereof having been first approved in writing by the Design Review
Committee and the Board. No application for rezoning, variances or use permits pertaining to
any Lot shall be filed with any governmental authority by any Person other than the Declarant
unless the application has been approved by the Design Review Committee and the Board and
the proposed use otherwise complies with this Declaration. No Lot shall be subjected to or used
for any timesharing, cooperative, weekly, monthly or any other type or revolving or periodic
occupancy by multiple owners, cooperators, licensees or time sharing participants.
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4.15 Vehicles and Parking.
As used in this Section: (a) "Motor Vehicle" means a car, van, sport utility vehicle, bus, truck,
recreational vehicle, motor home, motorcycle, all terrain vehicle, utility vehicle, pickup truck or
other motor vehicle; and (b) “Streets” means the streets shown on the Plat.
No mobile home, travel trailer, tent trailer, trailer, camper shell, boat trailer or other similar
equipment or vehicle may be parked, kept or stored on the Common Area. No mobile home,
travel trailer, tent trailer, trailer, camper shell, boat trailer or other similar equipment may be
parked, kept or stored on any Lot so as to be Visible From Neighboring Property.
Except as permitted by this Section, no Motor Vehicle may be parked, kept or stored on any
Lot or the Common Area. No Motor Vehicles designed or used for carrying merchandise,
supplies or equipment for commercial purposes may be parked on the Common Area or on a
Lot, except for the temporary parking of the Motor Vehicles of contractors, subcontractors,
suppliers or vendors of the Association or the Owners, Lessees or Residents.
It is the intent of this Section to limit parking on the Streets. No Motor Vehicle owned or
leased by an Owner, Lessee or Resident of a Lot may be parked on the Streets if space for the
parking of the Motor Vehicle is available in any of the following areas: (a) the garage or carport
situated on the Lot of the Owner, Lessee or Resident; (b) the driveway on the Lot constructed as
part of the initial construction of Improvements on the Lot by the Declarant; or (c) a driveway
expansion constructed on the Lot with the approval of the Design Review Committee.
It is also the intent of this Section to limit the parking of Motor Vehicles owned or leased by
an Owner, Lessee or Resident of the Lot in the driveway and in any driveway expansion
situated on the Lot. Accordingly, Motor Vehicles owned or leased by an Owner, Lessee or
Resident of a Lot must be parked in the garage or carport situated on the Lot to the extent
space is available in the garage or carport for the parking of such Motor Vehicles. If space is not
available in the garage or carport, then Motor Vehicles owned or leased by an Owner, Lessee or
Resident of a Lot may be parked on the driveway constructed as part of the initial construction
of Improvements on the Lot by the Declarant. Parking of Motor Vehicles owned or leased by an
Owner, Lessee or Resident of a Lot may only be parked on a driveway expansion constructed
with the approval of the Design Review Committee if space for the parking of such Motor
Vehicles is not available either in the garage or carport or in the driveway constructed as part of
the initial construction or Improvements on the Lot by the Declarant. The parking of a Motor
Vehicle owned or leased by and Owner, Lessee or Resident of a Lot on a driveway expansion is
also subject to such rules and regulations as may be adopted by the Board.
No Motor Vehicle of any kind may be stored on a Lot except in a garage, and no Motor
Vehicle of any kind may be stored on the Common Area. For purposes of illustration but not of
limitation, a Motor Vehicle shall be deemed stored if it is covered by a car cover, tarp or other
material. Motor Vehicles owned by guests of an Owner, Lessee or other Resident may be
parked in the driveway on a Lot or on the Streets or in designated parking spaces on the
Common Area.
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Recreational vehicles, motor homes and similar vehicles owned or leased by an Owner,
Lessee or Resident may be parked in the driveway on a Lot for the purpose of loading or
unloading, subject to such limitations as may be established by the Board
No Motor Vehicle shall be constructed, reconstructed or repaired on any Lot in such a
manner as to be Visible From Neighboring Property, and no inoperable Motor Vehicle may be
stored or parked on any Lot in such a manner as to be Visible From Neighboring Property.
Except for emergency repairs, no Motor Vehicle shall be constructed, reconstructed or repaired
on the Streets or any other part of the Common Area. No inoperable Motor Vehicle may be
stored or parked on the Streets or any other part of the Common Area.
The Board shall have the right and power to adopt rules and regulations governing and
further restricting the parking of Motor Vehicles on Lots or the Streets and implementing the
provisions of this Section. In the event of any conflict or inconsistency between the provisions of
this Section and the rules and regulations adopted by the Board of Directors, the provisions of
this Section shall control.
4.16 Drainage.
No Residence, structure, building, landscaping, fence, wall or other Improvement shall be
constructed, installed, placed or maintained in any manner that would obstruct, interfere with or
change the direction or flow of water in accordance with the drainage plans for the Project, or
any part thereof, or for any Lot as shown on the approved drainage plans on file with the
municipality in which the Project is located. In addition, no Owner or other Person shall change
the grade or elevation of a Lot in any manner that would obstruct, interfere with or change the
direction or flow of water in accordance with the approved drainage plans.
4.17 Garages and Carports.
No garage or carport shall be converted to living spaces or altered or used for storage of
material or other purposes which would prevent the use of the garage or carport for the parking
of the number of vehicles for which it was designed, except that the Declarant may use a
garage in one or more model homes for a sales office and/or a construction office. The interior
of all garages and carports shall be maintained and kept in a neat, clean and sightly condition,
free of debris or unsightly objects. Garage doors shall be kept closed except when the opening
of the door is necessary to permit ingress or egress.
4.18 Rooftop HVAC Equipment Prohibited.
No heating, ventilating, air conditioning or evaporative cooling units or equipment related
thereto may be mounted, installed or maintained on the roof of any Residence or other building
so as to be Visible From Neighboring Property.
4.19 Basketball Goals and Backboards.
No portable basketball goal or backboard shall be constructed, installed or maintained on
any Lot. Permanent basketball goals or backboards may be kept on a Lot provided they are
kept and used in accordance with the Association Rules which govern their size, design, color,
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material, location and hours of use. All permanent goals must be approved by the Design
Review Committee prior to installation.
4.20 Playground Equipment.
No jungle gyms, swing sets or similar playground equipment which would be Visible From
Neighboring Property shall be erected or installed on any Lot without the prior written approval
of the Design Review Committee.
4.21 Rental of Lots.
No Owner may lease less than his entire Lot and the Residence situated thereon. All leases
must be in writing and must provide that the terms of the lease are subject in all respect to the
provisions of the Community Documents and that any violation of this Declaration or the
Association Rules by the lessee or the other occupants shall be a default under the lease. There
shall be no subleasing of Residences or assignments of leases.
At least ten (10) days before commencement of the lease term, the Owner shall provide the
Association with the following information: (a) the commencement date and expiration date of
the lease term; (b) the names of each of the Lessees and each other person who will reside in
the Residence during the lease term; (c) the address and telephone number at which the Owner
can be contacted by the Association during the lease term; and (d) the name, address and
telephone number of a person other than the Owner whom the Association can contact in the
event of an emergency involving the Lot. Any Owner who leases his Lot and the Residence
situated thereon must provide the Lessee with copies of this Declaration, the Design Guidelines
and the Association Rules.
Any lease of a Lot or Residence situated thereon must be for an initial term of at least one
(1) month. The Owner shall be liable for any violation of this Declaration, the Design Guidelines
or the Association Rules by the Lessees or other persons residing in the Residence and their
guests or invitees and, in the event of any such violation, the Owner, upon demand of the
Association, shall immediately take all necessary actions to correct any such violations.
4.22 Screening Materials.
All screening materials, whether fences, hedges or walls, shall be maintained and replaced
from time to time on the Lots by the Owners thereof in accordance with the original construction
of such Improvements by the Declarant or as approved by the Design Review Committee
pursuant to Article 3.
4.23 Lights.
Except as initially installed by the Declarant, no spotlights, floodlights or other high intensity
lighting shall be placed or utilized upon any Lot or any structure erected thereon which in any
manner will allow light to be directed or reflected on any other property except as approved by
the Design Review Committee.
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4.24 Window Cover Materials.
Within sixty (60) days after becoming the Owner of a Lot, the Owner shall install permanent
draperies or suitable window coverings on all windows facing the street. All such window
coverings facing the street must show white or beige colors unless otherwise approved in
writing by the Design Review Committee. No reflective materials, including, but without
limitation, aluminum foil, reflective screens or glass, mirrors or similar items, shall be installed or
placed upon the outside or inside of any windows of a Residence without the prior written
approval of the Board. No enclosures, drapes, blinds, shades, screens or other items affecting
the exterior appearance of a Residence shall be constructed or installed without the prior written
consent of the Board.
ARTICLE 5
EASEMENTS
5.1 Easements for Use of Common Area.
Every Owner and Resident and their guests shall have a right and easement of enjoyment in
and to the Common Area, which right shall be appurtenant to and shall pass with the title to
every Lot, subject to:
(a) The right of the Association to dedicate, convey, transfer, lease or encumber the Common
Area as provided in Section 6.10; provided, however, that if access to a Lot is over any part of
the Common Area, any conveyance, lease or encumbrance of such Common Area shall be
subject to an easement for ingress and egress in favor of the Owner and Residents of the Lot
and their guests and invitees.
(b) The right of the Board to adopt rules, regulations or policies regulating the use of the
Common Area including rules, regulations and policies limiting the number of guests who may
use the Common Area and restricting or prohibiting access to such portions of the Common
Area (such as landscaped areas) not intended for use by the Owners, Lessees or Residents.
(c) The right of the Association to suspend the right of an Owner and such Owner's family,
tenants and guests to use the Common Area (other than the right of an Owner and such
Owner's family, tenants and guests to use any streets which are part of the Common Area for
ingress or egress to the Owner's Lot) if such Owner is more than fifteen (15) days delinquent in
the payment of Assessments or other amounts due to the Association or if the Owner has
violated any other provisions of the Community Documents and has failed to cure such violation
within fifteen (15) days after the Association notifies the Owner of the violation.
(d) The rights and easements reserved by or granted to the Declarant by this
Declaration.
(e) The right of the Association to rent or lease any portion of the Common Area on a
short-term basis to an Owner or Resident for the exclusive use of such Owner or Residents and
their guests and invitees.
(f) The right of the Board to charge reasonable admission or other fees for the use of any
recreational facility or amenity situated on the Common Area.
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(g) The right of the Board to permit the use of any recreational facility or amenity situated on
the Common Area by persons other than Owners or Residents and their guests upon payment
of such fees as may be established by the Board.
(h) The rights and easements, if any, reserved or granted to the Declarant or any other
Person in the deed conveying the Common Area to the Association.
If a Lot is leased or rented by the Owner thereof, the Lessee and the members of the
Lessee's family residing with such Lessee shall have the right to use the Common Area during
the term of the lease, and the Owner of such Lot shall have no right to use the Common Area
until the termination or expiration of such lease.
The right of easement and enjoyment of the Common Area may not be transferred or
assigned except upon the conveyance or transfer of the Lot to which such right is appurtenant.
5.2 Utility and Development Easements.
A non-exclusive, perpetual blanket easement is hereby granted over and through the
Common Area for the purpose of: (a) installing, constructing, operating, maintaining, repairing or
replacing equipment used to provide to any portion of the Property or adjacent land any utilities,
including, without limitation, water, sewer, drainage, gas, electricity, telephone and television
service, whether public or private; and (b) ingress and egress to install, construct, operate,
maintain, repair and replace such equipment and (c) storm water management and storm water
drainage, as necessary or desirable for the orderly development of the Property. Such easement
is hereby granted to any Person providing the aforesaid utilities or installing, constructing,
maintaining, repairing or replacing equipment related thereto. Any pipes, conduits, lines, wires,
transformers and any other apparatus necessary for the provision or metering of any utility may
be installed or relocated only where permitted by the Declarant, where contemplated on any site
plan approved by the Declarant or where approved by resolution of the Board. Equipment used
to provide or meter such utilities or services may be installed above ground during periods of
construction if approved by the Declarant. The Person providing a service or installing a utility
pursuant to this easement shall install, construct, maintain, repair or replace the equipment used
to provide or meter the utility as promptly and expeditiously as possible, and shall restore the
surface of the land and the surrounding vegetation and improvements to their original condition
as soon as possible.
The Declarant hereby reserve the right to grant and reserve easements, rights-of-way and
licenses over and through the Common Area for the purposes set forth in this Section or for any
other purpose necessary or desirable for the orderly development of the Property. If the Person
installing the utility or providing a service requests a specific easement by separate recordable
documents, then the Declarant or the Association shall have the power to record a document
locating such easements.
5.3 Easements to Facilitate Development.
The Declarant hereby reserves to itself and its successors a non-exclusive blanket easement
over and through the Property for all purposes reasonably related to the development and
completion of Improvements on the Property, including without limitation: (a) temporary
construction easements; (b) easements for the temporary storage of supplies of
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building materials and equipment necessary to complete Improvements; and (c) easements for
the construction, installation and Maintenance of Improvements on the Property or
Improvements reasonably necessary to serve the Property.
The Declarant hereby reserves to itself, its successors and assigns the right to: (a) use any
Lots owned or leased by the Declarant, any other Lot with written consent of the Owner thereof
or any portion of the Common Area as models, management offices, sales offices, a visitors’
center, construction offices, customer service offices or sales office parking areas; and (b) install
and maintain on the Common Area, any Lot owned or leased by the Declarant or any other Lot
with the consent of the Owner thereof, such marketing, promotional or other signs which the
Declarant deems necessary for the development, sale or lease of the Property.
5.4 Dedications and Easements Required by Governmental Authority.
The Declarant hereby reserves to itself and its successors and assigns, the right to make any
dedications and to grant any easements, rights-of-way and licenses required by any
government or governmental agency over and through all or any portion of the Common Area.
5.5 Further Assurances.
Any and all conveyances made to the Association or any Owner shall be conclusively
deemed to incorporate these reservations of rights and easements, whether or not set forth in
such grants. The easements granted and reservations made to the Declarant in this Declaration
shall not terminate or merge and shall continue to run with the land, notwithstanding the
common law doctrine of merger and the common ownership of all the Property by the Declarant.
Upon written request of the Declarant, the Association and each Owner shall from time to time
sign, acknowledge and deliver to the Declarant such further assurances of these reservations of
rights and easements as may be requested.
5.6 Duration of Development Rights; Assignment.
The rights and easements reserved by or granted to the Declarant pursuant to this Article 5
shall continue so long as the Declarant owns one or more Lots or holds an option to purchase
one or more Lots. The Declarant may make limited temporary assignments of its easement
rights under this Declaration to any Person performing construction, installation or Maintenance
on any portion of the Property.
5.7 Association Powers and Rights.
The Association’s exercise of the rights, powers and easements granted in this Article 5 are
not subject to the time limitations on duration applicable to the Declarant. If the Declarant or any
Owner requests the Association to exercise its powers under this Section, the Association’s
cooperation shall not be unreasonably withheld, conditioned or delayed.
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5.8 Easement for Maintenance and Enforcement.
The Association and its directors, officers, agents, contractors and employees, the Design
Review Committee and any other Persons authorized by the Board are hereby granted the right
of access over and through any Lots (excluding the interior of any Residence), for: (a) the
exercise and discharge of their respective powers and responsibilities under the Community
Documents; (b) making inspections in order to verify that all Improvements on the Lot have
been constructed in accordance with the plans and specifications for such Improvements
approved by the Design Review Committee and that all Improvements are being properly
maintained as required by the Community Documents; (c) correcting any condition originating in
a Lot or in the Common Area threatening another Lot or the Common Area; (d) performing
installations or Maintenance of utilities, landscaping or other Improvements located on the Lots
for which the Association is responsible for Maintenance; or (e) correcting any condition which
violates the Community Documents.
5.9 Easements for Encroachments.
If any Improvements on any Lot or portion of the Common Area now or hereafter encroach
on any other portion of the Property by reason of: (a) the original construction thereof; (b)
deviations within normal construction tolerances in the Maintenance of any Improvement; or (c)
the settling or shifting of any land or Improvement, an easement is hereby granted to the extent
of any such encroachment for the period of time the encroachment exists. The Owner of the
encroaching Improvement shall also have an easement for the limited purpose of Maintenance
of the encroaching Improvement. This easement does not relieve any Owner or any other
Person from liability for such Owner’s or other Person’s negligence or willful misconduct.
5.10 Rights of Builders.
Notwithstanding any other provision of this Declaration to the contrary, a Builder shall have
the right to maintain model homes and sales offices on Lots owned or leased by the Builder and
to construct and maintain parking areas for the purpose of accommodating persons visiting such
model homes and sales offices provided: (a) the plans and specifications for the model homes
and sales offices, and related landscaping, have been approved in writing by the Design Review
Committee; (b) the location and design of the parking areas incidental to such model homes and
sales offices has been approved in writing by the Design Review Committee; (c) the opening
and closing hours for such model homes and sales offices have been approved in writing by the
Design Review Committee; and (d) the construction, operation and maintenance of such model
homes and sales offices otherwise complies with all provisions of this Declaration. Any home
constructed as a model home shall cease to be used as a model home and any sales office
shall cease to be used as a sales office at any time the Builder is not actually engaged in the
sale of Lots. Notwithstanding any other provision of this Declaration to the contrary, a Builder
may store supplies of brick, block, lumber and other building materials on a Lot owned or leased
by a Builder during the course of construction of Improvements on Lots provided such materials
are kept in areas approved in writing by the Design Review Committee which may require the
screening of such storage areas. In addition, normal construction activities of the Builder in
connection with the construction of Improvements shall
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not be considered a nuisance or otherwise prohibited by this Declaration. A Builder constructing
Improvements on Lots shall keep the Lots in a clean, safe and neat condition free of weeds,
trash and debris.
ARTICLE 6
THE ASSOCIATION; ORGANIZATION; MEMBERSHIP AND VOTING RIGHTS
6.1 Formation of Association.
The Association shall be a nonprofit Arizona corporation. The Association shall have all of
the common law and statutory powers conferred upon nonprofit corporations under Arizona law
and all powers necessary or desirable to perform the Association's duties and obligations and to
exercise the rights and powers of the Association set forth in the Community Documents. The
Association shall not be dissolved unless another entity has agreed to assume the obligations of
the Association under this Declaration with respect to the operation and maintenance of the
Areas of Association Responsibility.
6.2 Board of Directors and Officers.
The affairs of the Association shall be conducted by the Board and such officers as the
Board may elect or appoint in accordance with the Articles and the Bylaws. Until the termination
of the Declarant Control Period, the Declarant shall have the right to appoint and remove the
members of the Board. After the termination of the Declarant Control Period, the Board shall be
elected by the members as provided in the Bylaws. Unless the Community Documents
specifically require the vote or consent of the Members, the Board may do or cause to be done
any act on behalf of the Association.
6.3 The Association Rules.
The Board may adopt, amend and repeal rules and regulations pertaining to: (a) the
management, operation and use of the Areas of Association Responsibility including, but not
limited to, any recreational facilities situated upon the Areas of Association Responsibility; (b)
minimum standards for the Maintenance of Lots; or (c) restrictions on the use of Lots. In the
event of any conflict or inconsistency between the provisions of this Declaration and the
Association Rules, the provisions of this Declaration shall prevail. The Association Rules shall
be enforceable in the same manner and to the same extent as the covenants, conditions and
restrictions set forth in this Declaration.
6.4 Personal Liability.
No director or officer of the Association, no member of the Design Review Committee or of
any committee of the Association, and no other person acting on behalf of the Board shall be
personally liable to any Member, or to any other Person for any damage, loss or prejudice
suffered or claimed on account of any act, omission, error, or negligence in the discharge of
such person’s duties and responsibilities under the Community Documents provided such
person acted in good faith.
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6.5 Implied Rights.
The Association may exercise any right or privilege given to the Association expressly by the
Community Documents and every other right or privilege reasonably to be implied from the
existence of any right or privilege given to the Association by the Community Documents or
reasonably necessary to effectuate any such right or privilege.
6.6 Identity of Members.
The members of the Association shall be the Owners of the Lots. All Owners of Lots shall be
mandatory members of the Association. An Owner of a Lot shall automatically, upon becoming
the Owner thereof, be a member of the Association and shall remain a member of the
Association until such time as his ownership ceases for any reason, at which time his
membership in the Association shall automatically cease.
6.7 Classes of Members and Voting Rights.
The Association shall have the following two classes of voting membership.
Class A. Class A members are 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. Upon the termination of the Class B membership, the Declarant
shall be a Class A member so long as the Declarant owns any Lot.
Class B. The Class B member shall be the Declarant. The Declarant shall be entitled to
three (3) votes for each Lot owned. The Class B membership shall cease and be converted to
Class A membership on the earlier of (a) when the votes held by Class A members exceed the
votes held by the Class B member or (b) October 1,2030. The Declarant may at any time
voluntarily relinquish its Class B membership by giving written notice thereof to the Association.
6.8 Voting 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 and is 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 Lot is owned by more than one person and such Owners are unable
to agree among themselves as to how their vote or votes shall be cast, they shall lose their right
to vote on the matter in question. If any Member casts a vote representing a certain Lot, it will
thereafter be conclusively presumed for all purposes that he was acting with the authority and
consent of all other 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 cast 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.
6.9 Transfer of Membership.
The rights and obligations of any Member other than the Declarant shall not be assigned,
transferred, pledged, conveyed or alienated in any way 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, foreclosure of
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a mortgage of record, or such other legal process as now in effect or as may hereafter be
established under or pursuant to the laws of the State of Arizona. Any attempt to make a
prohibited transfer shall be void. Any transfer of ownership to a Lot shall operate to transfer the
Membership appurtenant to said Lot to the new Owner thereof. Each purchaser of a Lot shall
notify the Association of his purchase within ten (10) days after he becomes the Owner of a Lot.
6.10 Conveyance or Encumbrance of Common Area.
The Common Area shall not be mortgaged or conveyed without the prior written consent or
affirmative vote of the Declarant and the affirmative vote or written consent of the Owners
representing at least two-thirds (2/3) of the votes entitled to be cast by Class A members of the
Association. The Association may grant permits, licenses and easements on, over, under and
through the Common Area for utilities, roads and other purposes reasonably necessary or
useful for the proper maintenance and operation of the Property.
6.11 Suspension of Voting Rights.
If any Owner fails to pay any Assessments or other amounts due to the Association under
the Community Documents within fifteen (15) days after such payment is due or if any Owner
violates any other provision of the Community Documents and such violation is not cured within
fifteen (15) days after the Association notifies the Owner of the violation, the Board, in
accordance with the procedures set forth in the Bylaws, shall have the right to suspend such
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 Community Documents are
corrected.
ARTICLE 7
COVENANT FOR ASSESSMENTS AND CREATION OF LIEN
7.1 Obligation to Pay Assessments and Other Charges.
Each Owner, other than the Declarant, by becoming the Owner of a Lot, is deemed to
covenant and agree, to pay Assessments to the Association in accordance with this Declaration.
All Assessments shall be established and collected as provided in this Declaration. No Regular
Assessment or Special Assessment shall be levied against any Lot owned by the Declarant.
Each Assessment, together with interest and all costs, including but not limited to reasonable
attorneys' fees, incurred by the Association in collecting or attempting to collect delinquent
Assessments, whether or not suit is filed, shall also be the personal obligation of the Person
who was the owner of the Lot at the time when the Assessment became due. The personal
obligation for delinquent Assessments shall not pass to the successors in title of the Owner
unless expressly assumed by them.
No Owner shall be exempt from liability for Assessments because of such Owner’s non- use
of the Common Area, abandonment of such Owner’s Lot or other circumstance. The obligation
to pay Assessments is a separate and independent obligation on the part of each
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Owner. No diminution or abatement of Assessments or set-off shall be claimed or allowed for
any alleged failure of the Association, the Board or the Design Review Committee to take some
action or perform some function required of it.
7.2 Regular Assessments.
At least thirty (30) days prior to the commencement of each Assessment Period, the Board
shall prepare and adopt a budget of the estimated Common Expenses for the next Assessment
Period, including any contribution to be made to a reserve fund. The budget shall also reflect the
sources and estimated amounts of funds to cover such Common Expenses, which may include
any surplus to be applied from prior years, any income expected from sources other than
Assessments and the amount to be generated through Assessments against the Lots. Based on
the budget adopted by the Board, the Board shall assess against each Assessable Lot a
Regular Assessment. The Regular Assessment shall be the same for each Assessable Lot. The
amount of increase, if any, in the Regular Assessment from one Assessment Period to the next
Assessment Period shall be subject to such limitations as may be imposed by Arizona law.
The Board shall give notice of the Regular Assessment to each Owner at least thirty (30)
days prior to the beginning of each Assessment Period, but the failure to give such notice shall
not affect the validity of the Regular Assessment established by the Board nor relieve any
Owner from its obligation to pay the Regular Assessment. If the Board fails to adopt a budget for
any Assessment Period, then until and unless such budget is adopted and a Regular
Assessment is levied by the Board for such Assessment Period, the amount of the Regular
Assessment for the immediately preceding Assessment Period shall remain in effect. Unless
approval or ratification of the budget or the Regular Assessment for any Assessment Period is
required by law, neither the budget nor the Regular Assessment shall be required to be ratified
or approved by the Members.
If the Board determines during any Assessment Period that the funds budgeted for that
Assessment Period are, or will, become inadequate to meet all Common Expenses for any
reason, including, without limitation, nonpayment of Assessment by Members, the Board may
amend the budget and increase the Regular Assessment for that Assessment Period and the
revised Regular Assessment shall commence on the date designated by the Board.
7.3 Special Assessments.
The Association may levy against each Assessable Lot a Special Assessment for the purpose
of obtaining funds to pay the cost of any construction, reconstruction, repair or replacement of
an Improvement upon the Common Area (including fixtures and personal property related
thereto), or to pay unbudgeted expenses or expenses in excess of the amount budgeted. Any
Special Assessment must be approved by two-thirds (2/3) of the votes entitled to be cast by
Members who are voting in person or by proxy at a meeting duly called for such purpose. So
long as the Declarant owns any Lot, any Special Assessment must be approved in writing by
the Declarant. Any Special Assessment shall be levied in an equal amount for each Assessable
Lot.
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7.4 Assessment Period.
The period for which the Regular Assessment is to be levied shall be the calendar year,
except that the first Assessment Period shall commence on the first day of the first month
following 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.
7.5 Obligation of Declarant for Deficiencies.
During the Declarant Control Period, the Declarant shall pay and contribute to the
Association such funds as may be necessary, when added to the Assessments levied by the
Association, to pay all Common Expenses of the Association that become due and payable
prior to the expiration of the Period of Declarant Control. In no event shall the Declarant be
obligated to contribute funds to the Association in excess of the amount of Assessments that
would have been payable by the Declarant if the Lots owned by the Declarant had been
assessed as Assessable Lots.
7.6 Rules Regarding Billing and Collection Procedures.
Regular Assessments shall be collected on a quarterly 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 the right to adopt rules and regulations setting forth procedures for the
purpose of making Assessments and for the billing and collection of the Assessments provided
that the procedures are not inconsistent with the provisions of this Declaration. The failure of the
Association to send a bill to a Member shall not relieve any Member of such Member’s liability
for any Assessment or charge under this Declaration, but the Assessment Lien therefor shall not
be foreclosed until the Member has been given not less than thirty (30) days written notice prior
to such foreclosure that the Assessment or any installment thereof is or will be due and of the
amount owing. Such notice may be given at any time prior to or after delinquency of such
payment. The Association shall be under no duty to refund any payments received by it even
though the ownership of a Lot changes during an Assessment Period but successor Owners of
Lots shall be given credit for prepayments, on a prorated basis, made by prior Owners.
7.7 Creation of Assessment Lien; Effect of Nonpayment of Assessments; Remedies
of the Association.
Any Assessment, or any installment of an Assessment, not paid within fifteen (15) days after
the Assessment, or the installment of the Assessment, first became due shall bear interest from
the due date at the rate of interest set from time to time by the Board. In addition, the Board may
establish a late fee to be charged to any Owner who has not paid any Assessment, or any
installment of an Assessment, within fifteen (15) days after such payment was due.
The Association shall have a lien on each Lot for: (a) all Assessments levied against the Lot;
(b) all interest, lien fees, late charges and other fees and charges assessed against the Lot or
payable by the Owner of the Lot; (c) all fines levied against the Owner of the Lot; (d) all attorney
fees, court costs, title report fees, costs and fees charged by any collection agency either to the
Association or to an Owner and any other fees or costs incurred by the Association in
attempting to collect Assessments or other amounts due to the Association by
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the Owner of a Lot whether or not suit is filed by the Association; (e) any amounts payable to
the Association pursuant to Section 8.3 or 8.4; and (f) any other amounts payable to the
Association pursuant to the Community Documents.
The Recording of this Declaration constitutes record notice and perfection of the Assessment
Lien. The Association may, at its option, record a Notice of Lien setting forth the name of the
delinquent Owner as shown in the records of the Association, the legal description or street
address of the Lot against which the Notice of Lien is recorded and the amount claimed to be
past due as of the date of the Recording of the Notice, including interest, lien recording fees and
reasonable attorneys' fees. Before recording any Notice of Lien against a Lot, the Association
shall make a written demand to the defaulting Owner for payment of the delinquent
Assessments, together with interest, late charges and reasonable attorneys' fees, if any, and all
other amounts secured by the Assessment Lien. Each default shall constitute a separate basis
for a demand, but any number of defaults may be included within the single demand. If the
amounts specified in the demand are not paid within ten (10) days after delivery of the demand,
the Association may proceed with recording a Notice of Lien against the Lot. If the Association
records a Notice of Lien, the Association may charge the Owner of the Lot against which the
Notice of Lien is Recorded a lien fee in an amount established from time to time by the Board.
The Assessment Lien shall have priority over all liens or claims except for: (a) liens and
encumbrances Recorded before the Recording of this Declaration; (b) liens for real estate taxes
and other governmental assessments and charges; and (c) the lien of any First Mortgage or
seller’s interest in a first contract for sale recorded prior to the Assessment Lien. Any First
Mortgagee or any other Person acquiring title or coming into possession of a Lot through
foreclosure of the First Mortgage, purchase at a foreclosure sale or trustee sale, or through any
equivalent proceedings, such as, but not limited to, the taking of a deed in lieu of foreclosure
shall acquire title free and clear of any claims for unpaid assessments and charges against the
Lot which became payable prior to the acquisition of such Lot by the First Mortgagee or other
Person. Any Assessments and charges against the Lot which accrue prior to such sale or
transfer shall remain the obligation of the defaulting Owner of the Lot.
The Association shall not be obligated to release the Assessment Lien until all delinquent
Assessments, interest, lien fees, fines, reasonable attorneys' fees, court costs, collection costs
and all other sums payable to the Association by the Owner of the Lot have been paid in full.
The Association shall have the right, at its option, to enforce collection of any delinquent
Assessments together with interest, lien fees, reasonable attorneys' fees and any other sums
due to the Association in any manner allowed by law including, but not limited to, (a) bringing an
action at law against the Owner personally obligated to pay the delinquent Assessments and
such action may be brought without waiving the Assessment Lien or (b) bringing an action to
foreclose the Assessment Lien against the Lot in the manner provided by law for the foreclosure
of a realty mortgage. The Association shall have the power to bid in at any foreclosure sale and
to purchase, acquire, hold, lease, mortgage and convey any and all Lots purchased at such
sale.
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7.8 Purposes for which Association's Funds May Be Used.
The Association may use the funds and property collected and received by it (including the
Assessments, fees, loan proceeds, surplus funds and all funds and property received by it from
any other source) for the purpose of: (a) discharging and performing the Association’s duties
and obligations under the Community Documents or applicable law; (b) exercising the rights and
powers granted to the Association by the Community Documents or applicable law; (c) providing
or promoting activities and services the Board deems appropriate, necessary or desirable to
foster or promote the common good and general welfare of the Project and the Owners,
Lessees and Residents; (d) contracting for services (including, without limitation, trash collection
or cable television) to be provided to Owners, Lessees and Residents; and (e) taking such other
action as the Board deems necessary, appropriate or desirable for the management and
administration of the Association or the benefit of the Association or the Project.
7.9 Surplus Funds.
The Association shall not be obligated to spend in any year all the Assessments and other
sums received by it in such year, and may carry forward as surplus any balances remaining.
The Association shall not be obligated to reduce the amount of the Regular Assessment in the
succeeding year if a surplus exists from a prior year, and the Association may carry forward
from 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 purposes.
7.10 Initial Capital Contribution.
Each Purchaser of a Lot from the Declarant shall pay to the Association immediately upon
becoming the Owner of the Lot a sum equal to one-sixth (1/6th) of the then current Regular
Assessment for an Assessable Lot. Funds paid to the Association pursuant to this Section may
be used by the Association for payment of operating expenses or any other purpose permitted
under the Community Documents. Payments made pursuant to this Section shall be
nonrefundable and shall not be considered as an advance payment of any Assessments levied
by the Association pursuant to this Declaration. Payments made pursuant to this Section shall
be deemed a contribution to the capital of the Association.
7.11 Transfer Fee.
Each Person who purchases a Lot from a Person other than the Declarant shall pay to the
Association immediately upon becoming the Owner of the Lot a transfer fee in such amount as
is established from time to time by the Board to compensate the Association for the
administrative cost resulting from the transfer of a Lot. The transfer fee is not intended to
compensate the Association for the costs incurred in the preparation of the statement which the
Association is required to mail to deliver to a purchaser under A.R.S. § 33-1806A and, therefore,
the transfer fee shall be in addition to the fee which the Association is entitled to charge
pursuant to A.R.S. § 33-1806C.
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ARTICLE 8
MAINTENANCE
8.1 Areas of Association Responsibility.
The Association shall be responsible for the management and Maintenance of the Areas of
Association Responsibility, and all Improvements located thereon, except for any part of the
Areas of Association Responsibility which any governmental entity is maintaining or is obligated
to maintain. The Board shall be the sole judge as to the appropriate Maintenance of all Areas of
Association Responsibility, but the Areas of Association Responsibility, and the Improvements
located thereon, shall be maintained in good condition and repair at all times.
No Owner, Resident or other Person shall construct or install any Improvements on the
Areas of Association Responsibility or alter, modify or remove any Improvements situated on the
Areas of Association Responsibility without the approval of the Board. No Owner, Resident or
other Person shall obstruct or interfere with the Association in the performance of the
Association’s management or Maintenance of the Areas of Association Responsibility, and the
Improvements located thereon.
8.2 Lot Owner's Responsibility.
Each Owner of a Lot shall be responsible for the Maintenance of his Lot, and all buildings,
Residences, landscaping or other Improvements situated thereon, except for any portion of the
Lot, or any Improvement situated thereon, which is an Area of Association Responsibility. All
buildings, Residences, landscaping and other Improvements shall at all times be kept in good
condition and repair. All grass, hedges, shrubs, vines and plants of any type on a Lot shall be
irrigated, mowed, trimmed and cut at regular intervals so as to be maintained in a neat and
attractive manner. Trees, shrubs, vines, plants and grass which die shall be promptly removed
and replaced with living foliage of like kind, unless different foliage is approved in writing by the
Design Review Committee. No yard equipment, wood piles or storage areas may be maintained
so as to be Visible From Neighboring Property or streets. All Lots upon which no Residences,
buildings or other structures, landscaping or Improvements have been constructed shall be
maintained in a weed free and attractive manner.
8.3 Assessment of Certain Costs of Maintenance and Repair.
In the event that the need for Maintenance of an Area of Association Responsibility is caused
through the willful or negligent act of any Owner, his family, tenants, guests or invitees, the cost
of such Maintenance shall be paid by such Owner to the Association upon demand and
payment of such amounts shall be secured by the Assessment Lien.
8.4 Improper Maintenance and Use of Lots.
In the event any portion of any Lot is so maintained as to present a public or private
nuisance, or as to substantially detract from the appearance or quality of the surrounding Lots or
other areas of the Project which are substantially affected thereby or related thereto, or in the
event any portion of a Lot is being used in a manner which violates this Declaration; or in the
event the Owner of any Lot is failing to perform any of its obligations under the Community
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Documents, the Board may make a finding to such effect, specifying the particular condition or
conditions which exist, and pursuant thereto give notice thereof to the offending Owner that
unless corrective action is taken within fifteen (15) days, the Board may cause such action to be
taken at said Owner's cost. If at the expiration of said fourteen day period of time the requisite
corrective action has not been taken, the Board shall be authorized and empowered to cause
such action to be taken and the cost thereof shall be paid by such Owner to the Association
upon demand and payment of such amounts shall be secured by the Assessment Lien.
8.5 Boundary Walls.
Each wall or fence which is located between two Lots shall constitute a boundary wall and, to
the extent not inconsistent with this Section, the general rules of law regarding boundary walls
shall apply.
The Owners of contiguous Lots who share a boundary wall shall both equally have the right
to use such a wall provided that such use by one Owner does not interfere with the use and
enjoyment of the same by the other Owner.
Except as otherwise provided in this Section, the Owners of contiguous Lots who share a
boundary wall shall each pay one-half (1⁄2) of the cost of any maintenance, repair or
replacement of the boundary wall. Either of such Owners may perform any necessary repair,
maintenance or replacement of the boundary wall and in such event, such Owner shall be
entitled to reimbursement from the other Owner for one-half (1⁄2) of such cost.
In the event that any boundary wall is damaged or destroyed through the negligence or willful
act of an Owner, his agents, tenants, licensees, guests or family, it shall be the obligation of
such Owner to rebuild and repair the boundary wall without cost to the other Owner or Owners
who share the boundary wall.
The right of any Owner to contribution from any other Owner under this Section shall be
appurtenant to the land and shall pass to such Owner's successors in title. In addition to
meeting the other requirements of this Declaration and of any other building code or similar
regulations or ordinances, any Owner proposing to modify, make additions to or rebuild a
boundary wall shall first obtain the written consent of the adjoining Owners.
In the event any boundary wall encroaches upon a Lot, a valid easement for such
encroachment and for the maintenance of the boundary wall shall and does exist in favor of the
Owners of the Lots which share such boundary wall.
8.6 Maintenance of Walls other than Boundary Walls.
Walls (other than boundary walls) located on a Lot shall be maintained, repaired and
replaced by the Owner of the Lot. Any wall which is placed on the boundary line between a Lot
and an Area of Association Responsibility shall be maintained, repaired and replaced by the
Owner of the Lot, except that the Association shall be responsible for the repair and
maintenance of the side of the wall which faces the Area of Association Responsibility. In the
event any such wall encroaches upon the Common Area or a Lot, an easement for such
encroachment shall exist in favor of the Association or the Owner of the Lot, as the case may
be. Any wall which is placed on the boundary line between a Lot and public right-of-way shall
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be maintained, repaired and replaced by the Owner of the Lot, except that the Association shall
be responsible for the repair and replacement of the surface of the wall which faces the public
right-of-way.
ARTICLE 9
INSURANCE
9.1 Scope of Coverage.
Commencing not later than the time of the first conveyance of a Lot to a Purchaser, the
Association shall maintain, to the extent reasonably available, the following insurance coverage:
(a) Comprehensive general liability insurance, including medical payments insurance, in
an amount determined by the Board, but not less than $1,000,000. Such insurance shall cover
all occurrences commonly insured against for death, bodily injury and property damage arising
out of or in connection with the use, ownership or maintenance of the Areas of Association
Responsibility and all other portions of the Project which the Association is obligated to maintain
under this Declaration, and shall also include hired automobile and non- owned automobile
coverages with cost liability endorsements to cover liabilities of the Owners as a group to an
Owner;
(b) Special Form Property insurance on all Areas of Association Responsibility insuring
against all risk of direct physical loss, insured against in an amount equal to the maximum
insurable replacement value of the Areas of Association Responsibility, as determined by the
Board; provided, however, that the total amount of insurance after application of any deductibles
shall not be less than one hundred percent (100%) of the current replacement cost of the
insured property, exclusive of land, excavations, foundations and other items normally excluded
from a property policy.
(c) Workmen's compensation insurance to the extent necessary to meet the requirements
of the laws of Arizona;
(d) Such other insurance as the Board shall determine from time to time to be appropriate
to protect the Association or the Owners;
(e) The insurance policies purchased by the Association shall, to the extent reasonably
available, contain the following provisions: (i) that there shall be no subrogation with respect to
the Association, its agents, servants, and employees, with respect to Owners and members of
their household; (ii) no act or omission by any Owner, unless acting within the scope of his
authority on behalf of the Association, will void the policy or be a condition to recovery on the
policy; (iii) that the coverage afforded by such policy shall not be brought into contribution or
proration with any insurance which may be purchased by Owners or their mortgagees or
beneficiaries under deeds of trust; (iv) a "severability of interest" endorsement which shall
preclude the insurer from denying the claim of an Owner because of the negligent acts of the
Association or other Owners; (v) statement of the name of the insured as the Association; and
(vi) for policies of hazard insurance, a standard mortgagee clause providing that the insurance
carrier shall notify the first mortgagee named in the policy at least ten (10) days in advance of
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the effective date of any substantial modification, reduction or cancellation of the policy;
The premiums for any insurance obtained by the Association pursuant to this Section shall
be included in the budget of the Association and shall be paid by the Association.
9.2 Certificates of Insurance.
An insurer that has issued an insurance policy under this Article shall issue a certificate or a
memorandum of insurance to the Association and, upon request, to any Owner, mortgagee or
beneficiary under a deed of trust. Any insurance obtained pursuant to this Article may not be
cancelled until thirty (30) days after notice of the proposed cancellation has been mailed to the
Association, each Owner and each mortgagee or beneficiary under a deed of trust to whom
certificates of insurance have been issued.
9.3 Payment of Insurance Proceeds.
With respect to any loss to any Area of Association Responsibility covered by property
insurance obtained by the Association in accordance with this Article, the loss shall be adjusted
with the Association, and the insurance proceeds shall be payable to the Association and not to
any mortgagee or beneficiary under a deed of trust. Subject to the provisions of Section 9.4, the
proceeds shall be disbursed for the repair or restoration of the damage to the Area of
Association Responsibility.
9.4 Repair and Replacement of Damaged or Destroyed Property.
Any portion of the Areas of Association Responsibility which is damaged or destroyed shall
be repaired or replaced promptly by the Association unless repair or replacement would be
illegal under any state or local health or safety statute or ordinance, or Owners representing at
least eighty percent (80%) of the total authorized votes in the Association vote not to repair or
replace the damaged or destroyed Improvements. The cost of repair or replacement in excess
of insurance proceeds and reserves shall be paid by the Association.
If all of the Areas of Association Responsibility are not repaired or replaced, insurance
proceeds attributable to the damaged Areas of Association Responsibility shall be used to
restore the damaged area to a condition which is not in violation of any state or local health or
safety statute or ordinance and the remainder of the proceeds shall either be retained by the
Association as an additional capital reserve.
ARTICLE 10
DISPUTE RESOLUTION
10.1 Agreement to Resolve Certain Disputes Without Litigation.
As used in this Article 10, the term "Claim" shall mean: (a) any claim or cause of action
arising out of or related in any way to the planning, design, engineering, grading, construction or
development of the Common Area or any Lot or any Improvements situated thereon, including,
without limitation, any claim or cause of action that the Common Areas are defective or that the
Declarant or its agents, contractors, employees, subcontractors, architects, engineers or
consultants were negligent in the planning, design, engineering, grading,
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construction or development thereof; of (b) any claim or cause of action against the Declarant or
any employee, agent, director, member or officer of Declarant arising out of or in any way
related to the development of the Project or the management or operation of the Association,
including, without limitation, any claim for negligence, fraud, intentional misconduct or breach of
fiduciary duty. The Association, the Declarant, all Owners, Lessees, Residents and other
Persons bound by this Declaration, and any Person not otherwise bound by this Declaration
who agrees to submit to this Article (collectively, the "Bound Parties") agree that the dispute
resolution procedures set forth in this Article shall apply to all Claims.
10.2 Notice of Claim.
Any Bound Party having or alleging to have a Claim (a "Claimant") against any other Bound
Party (a "Respondent") shall notify each Respondent in writing of the Claim (the "Claim Notice"),
stating plainly and concisely: (a) the nature of Claim, including, date, time, location, Persons
involved, and Respondent's role in the Claim; (b) the factual and legal basis of the Claim; and
(c) what Claimant wants Respondent to do or not do to resolve the Claim.
In the event the Claimant is the Association and the Claim involves an Alleged Defect (as
defined in Section 10.5), the Association must provide written notice to all Members prior to
delivering a Claim Notice or commencing any legal action, cause of action, proceeding,
reference or arbitration against a Bound Party which notice shall (at a minimum) include: (a) a
description of the Claim, (b) a description of the attempts of the Declarant or other Bound
Parties to correct such Alleged Defect and the opportunities provided to Declarant or other
Bound parties to correct such Alleged Defect, (c) the estimated cost to repair such Alleged
Defect, (d) the name and professional background of the attorney retained by the Association to
pursue the Claim and a description of the relationship between such attorney and member(s) of
the Board (if any), (e) a description of the fee arrangement between such attorney and the
Association, (f) the estimated attorneys’ fees and expert fees and costs necessary to pursue the
Claim and the source of the funds which will be used to pay such fees and expenses, (g) the
estimated time necessary to conclude the action, (h) a description of the manner in which the
action will be funded and a description of any demands, notices, offers to settle or responses to
offers to settle made either by the Association or a Bound Party, and (i) an affirmative statement
from the Board that the action is in the best interests of the Association and its Members. If the
Alleged Defect is alleged to be the result of an act or omission of a person licensed by the State
of Arizona under Title 20 or Title 32 of the Arizona Revised Statutes (a "Licensed Professional"),
then the notice from the Association must be accompanied by an affidavit from a Licensed
Professional in the same discipline as the Licensed Professional alleged to be responsible for
the Alleged Defect. The affidavit must contain the information required to be contained in a
preliminary expert opinion affidavit submitted pursuant to Section 12-2602B of the Arizona
Revised Statutes.
10.3 Mediation.
If the Parties do not resolve the Claim through negotiation within thirty (30) days after the
date of the Claim Notice or within such longer period as may be agreed upon by the Parties
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("Termination of Negotiations"), Claimant shall have thirty (30) additional days within which to
submit the Claim to mediation under the auspices of the American Arbitration Association or
such other mediator or mediation service agreed upon by the Parties.
If Claimant does not submit the Claim to mediation within thirty (30) days after Termination of
Negotiations, Claimant shall be deemed to have waived the Claim, and Respondent shall be
released and discharged from any and all liability to Claimant on account of such Claim.
If the Parties do not settle the Claim within thirty (30) days after submission of the matter to
the mediation process, or within such time as determined reasonable or appropriate by the
mediator, the mediator shall issue a notice of termination of the mediation proceedings
("Termination of Mediation Notice"). The Termination of Mediation Notice shall set forth when
and where the Parties met, that the Parties are at an impasse, and the date that mediation was
terminated.
10.4 Binding Arbitration.
In the event a Claim is not resolved by Mediation, the Claimant shall have fifteen (15) days
after the date of the Termination of Mediation Notice to submit the Claim to binding arbitration in
accordance with this Section. If the Claimant fails to timely submit the Claim to arbitration, then
the Claim shall be deemed waived and abandoned and the Respondent shall be relieved of any
and all liability to Claimant arising out of the Claim. If the Claimant submits the Claim to binding
arbitration in accordance with this Section, the arbitration shall be conducted in accordance with
the following:
(a) Initiation of Arbitration. The arbitration shall be initiated by either party delivering to
the other a Notice of Intention to Arbitrate as provided for in the American Arbitration
Association ("AAA") Commercial Arbitration Rules, as amended from time to time (the "AAA
Rules").
(b) Governing Procedures. The arbitration shall be conducted in accordance with the
AAA Rules and A.R.S. § 12-1501, et seq. In the event of a conflict between the AAA Rules and
this Section 10.4, the provisions of this Section 10.4 shall govern.
(c) Appointment of Arbitrator. The parties shall appoint a single Arbitrator by mutual
agreement. If the parties have not agreed within ten (10) days of the date of the Notice of
Intention to Arbitrate on the selection of an arbitrator willing to serve, the AAA shall appoint a
qualified Arbitrator to serve. Any arbitrator chosen in accordance with this Subsection (c) is
referred to in this Section 10.4 as the "Arbitrator".
(d) Qualifications of Arbitrator. The Arbitrator shall be neutral and impartial. The
Arbitrator shall be fully active in such Arbitrator's occupation or profession, knowledgeable as to
the subject matter involved in the dispute, and experienced in arbitration proceedings. The
foregoing shall not preclude otherwise qualified retired lawyers or judges.
(e) Disclosure. Any candidate for the role of Arbitrator shall promptly disclose to the
parties all actual or perceived conflicts of interest involving the dispute or the parties. No
Arbitrator may serve if such person has a conflict of interest involving the subject matter of the
dispute or the parties. If an Arbitrator resigns or becomes unwilling to continue to serve as an
Arbitrator, a replacement shall be selected in accordance with the procedure set forth in
Subsection (c) above.
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(f) Compensation. The Arbitrator shall be fully compensated for all time spent in
connection with the arbitration proceedings in accordance with the Arbitrator's usual hourly rate,
unless otherwise agreed to by the parties, for all time spent by the Arbitrator in connection with
the arbitration proceeding. Pending the final award, the Arbitrator's compensation and expenses
shall be advanced equally by the parties.
(g) Preliminary Hearing. Within thirty (30) days after the Arbitrator has been appointed, a
preliminary hearing among the Arbitrator and counsel for the Parties shall be held for the
purpose of developing a plan for the management of the arbitration, which shall then be
memorialized in an appropriate order. The matters which may be addressed include, in addition
to those set forth in the AAA Rules, the following: (i) definition of issues; (ii) scope, timing and
types of discovery, if any; (iii) schedule and place(s) of hearings; (iv) setting of other timetables;
(v) submission of motions and briefs; (vi) whether and to what extent expert testimony will be
required, whether the Arbitrator should engage one or more neutral experts, and whether, if this
is done, engagement of experts by the Parties can be obviated or minimized; (vii) whether and
to what extent the direct testimony of witnesses will be received by affidavit or written witness
statement; and (viii) any other matters which may promote the efficient, expeditious, and
cost-effective conduct of the proceeding.
(h) Management of the Arbitration. The Arbitrator shall actively manage the
proceedings as the Arbitrator deems best so as to make the proceedings expeditious,
economical and less burdensome than litigation.
(i) Confidentiality. All papers, documents, briefs, written communication, testimony and
transcripts as well as any and all arbitration decisions shall be confidential and not disclosed to
anyone other than the Arbitrator, the parties or the parties’ attorneys and expert witnesses
(where applicable to their testimony), except that upon prior written consent of all parties, such
information may be divulged to additional third parties. All third parties shall agree in writing to
keep such information confidential.
(j) Hearings. Hearings may be held at any place within the State of Arizona designated
by the Arbitrator and, in the case of particular witnesses not subject to subpoena at the usual
hearing site, at a place where such witnesses can be compelled to attend.
(k) Final Award. The Arbitrator shall promptly (within sixty (60) days of the conclusion of
the proceedings or such longer period as the parties mutually agree) determine the claims of the
parties and render a final award in writing. The Arbitrator may award the prevailing party in the
proceeding all or a part of such party’s reasonable attorneys’ fees and expert witness fees,
taking into account the final result of arbitration, the conduct of the parties and their counsel in
the course of the arbitration, and other relevant factors. The Arbitrator shall not award any
punitive damages. The Arbitrator shall not award indirect, consequential or special damages
regardless of whether the possibility of such damage or loss was disclosed to, or reasonably
foreseen by the party against whom the claim is made; provided, however, that such damages
may be deemed by the Arbitrator to be direct damages in an award reimbursing payments made
by a party therefor to a third party. The Arbitrator shall assess the costs of the proceedings
(including, without limitation, the fees of the Arbitrator) against the non-prevailing party.
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10.5 Right to Enter, Inspect, Repair and/or Replace.
Within a reasonable time after the receipt by the Declarant or other Bound Party of a Claim
Notice, the Declarant shall have the right, upon reasonable notice to Claimant and during
normal business hours, to enter onto or into, as applicable, the Common Area, any Lot,
including any Residence constructed thereon, and/or any Improvements for the purposes of
inspecting and/or conducting testing to determine the validity of the Claim and, if deemed
necessary by the Declarant or other Bound Party, to correct, repair and/or replace the alleged
deficiency in the planning, design, engineering, grading, construction or development of the
Common Area or any Lot, or any Improvement constructed on the Common Area or a Lot which
is the basis for the Claim (the "Alleged Defect"). In conducting such inspection, testing, repairs
and/or replacement, Declarant or other Bound Party shall be entitled to take any actions as it
shall deem reasonable and necessary under the circumstances.
Nothing set forth in this Section shall be construed to impose any obligation on the Declarant
or other Bound Party to inspect, test, repair, or replace any item or Alleged Defect for which the
Declarant or other Bound Party is not otherwise obligated under applicable law or any limited
warranty provided by the Declarant or other Bound Party in connection with the sale of the Lots
and/or the Improvements constructed thereon. The right of the Declarant and other Bound
Parties to enter, inspect, test, repair and/or replace reserved hereby shall be irrevocable and
may not be waived or otherwise terminated except by a writing, in recordable form, executed
and Recorded by the Declarant or other Bound Party. In no event shall any statutes of
limitations be tolled during the period in which the Declarant or other Bound Party conducts any
inspection or testing of any Alleged Defects. The rights of the Declarant and other Bound
Parties under this Section shall also extend to their respective employers, agents, contractors,
subcontractors and suppliers.
10.6 Use of Funds.
In the event the Association recovers any funds from the Declarant or any other Person as a
result of a claim involving an Alleged Defect, the funds shall first be used to correct and or repair
the Alleged Defect or to reimburse the Claimant for any costs actually incurred by such Claimant
in correcting and/or repairing the Alleged Defect, and any excess funds shall be paid into the
Association's reserve fund.
10.7 Approval of Litigation.
The Association shall not deliver a Claim Notice to any Bound Party, commence any legal
action or arbitration proceeding against any Bound Party or incur any expenses (including,
without limitation, attorneys' fees) in connection with any Claim without the written approval of
Owners entitled to cast more than seventy-five percent (75%) of the total votes in the
Association, excluding the votes of any Owner who would be a defendant in such proceedings.
The Association must pay for any such legal action or arbitration proceeding with monies that
are specifically collected for such purposes and may not borrow money or use reserve funds or
other monies collected for specific Association obligations other than legal fees. In the event
that the Association commences any legal action or arbitration proceeding involving a Claim,
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all Owners must notify prospective purchasers of such legal action or arbitration proceeding and
must provide such prospective purchasers with a copy of the notice received from the
Association in accordance with Section 10.2.
ARTICLE 11
GENERAL PROVISIONS
11.1 Enforcement.
The Association may enforce the Community Documents in any manner provided for in the
Community Documents or by law or in equity, including, but not limited to:
(a) imposing reasonable monetary fines after notice and an opportunity to be heard is
given to the Owner or other violator. An Owner shall be responsible for payment of any fine
levied or imposed against a Lessee or Resident of the Owner’s Lot or by any guest or invitee of
the Owner or any Lessee or Resident;
(b) suspending an Owner’s right to vote;
(c) suspendinganyPerson’srighttouseanyrecreationalfacilitieswithinthe Common Area;
provided, however, nothing herein shall authorize the Board to limit ingress or egress to or from
a Lot;
(d) suspending any services provided by the Association to an Owner or the Owner’s Lot
if the Owner is more than fifteen (15) days delinquent in paying any assessment or other charge
owed to the Association;
(e) exercising self-help or taking action to abate any violation of the Community
Documents in a non-emergency situation;
(f) requiring an Owner, at the Owner’s expense, to remove any structure or Improvement
on such Owner’s Lot in violation of this Declaration and to restore the Lot to its previous
condition and, upon failure of the Owner to do so, the Board or its designee shall have the right
to enter the property, remove the violation and restore the property to substantially the same
condition as previously existed and any such action shall not be deemed a trespass;
(g) without liability to any Person, prohibiting any contractor, subcontractor, agent,
employee or other invitee of an Owner who fails to comply with the terms and provisions of this
Declaration or the Design Guidelines from continuing or performing any further activities in the
Project;
(h) towing vehicles which are parked in violation of this Declaration or the Association
Rules; and
(i) filing a suit at law or in equity to enjoin a violation of the Community Documents, to
compel compliance with the Community Documents, to recover fines or money damages or to
obtain such other relief as to which the Association may be entitled.
(j) recording a written notice of violation by any Owner, Lessee or Resident of any
restriction or other provision of the Community Documents. The notice shall be executed by an
officer of the Association and shall contain substantially the following information: (a) the name
of the Owner, Lessee or Resident violating, or responsible for the violation of, the Community
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Documents; (b) the legal description of the Lot against which the notice is being Recorded; (c) a
brief description of the nature of the violation; (d) a statement that the notice is being Recorded
by the Association pursuant to this Declaration; and (e) a statement of the specific steps which
must be taken by the Owner or occupant to cure the violation. Recordation of a notice of
violation shall serve as notice to the Owner and Resident, and any subsequent purchaser of the
Lot, that there is such a violation. Failure by the Association to Record a notice of violation shall
not constitute a waiver of any such violation, constitute any evidence that no violation exists with
respect to a particular Lot or constitute a waiver of any right of the Association to enforce the
Community Documents.
The Association shall not be obligated to take any enforcement action if the Board
determines, in its sole discretion, that because of the strength of the Association's possible
defenses, the time and expense of litigation or other enforcement action, the likelihood of a
result favorable to the Association, or other facts deemed relevant by the Board, enforcement
action would not be appropriate or in the best interests of the Association.
Any Owner shall also have the right to enforce this Declaration in any manner available at
law or in equity. All rights and remedies of the Association under the Community Documents or
at law or in equity are cumulative, and the exercise of one right or remedy shall not waive the
Association's right to exercise another right or remedy. The failure of the Association or an
Owner to take enforcement action with respect to a violation of the Community Documents shall
not constitute or be deemed a waiver of the right of the Association or any Owner to enforce the
Community Documents in the future. If the Association retains or consults with an attorney with
respect to any violation of the Community Documents by an Owner, the Lessees of an Owner or
the Residents of the Owner’s Lot, all attorney fees incurred by the Association shall be
assessed against the Owner, whether or not a lawsuit is filed by the Association, and all such
attorney fees shall be paid by the Owner to the Association on demand and shall be secured by
the Assessment Lien. If any lawsuit is filed by the Association, an Owner, a Lessee or Resident
to enforce the provisions of the Community Documents or in any other manner arising out of the
Community Documents or the operations of the Association, the prevailing party in such action
shall be entitled to recover from the other party all attorney fees incurred by the prevailing party
in the action.
11.2 Duration; Termination.
This Declaration, as it may be amended pursuant to Section 11.3, shall run with the land and
bind the Property and be in full force and effect in perpetuity unless terminated as provided in
this Section. This Declaration may be terminated at any time if such termination is approved by
the affirmative vote or written consent, or any combination thereof, of the Owners holding ninety
percent (90%) or more of the votes in the Association. If the necessary votes and consents are
obtained, the Board shall cause to be Recorded a Certificate of Termination, duly signed by the
President or Vice President and attested by the Secretary or Assistant Secretary of the
Association, with their signatures acknowledged. Following the Recording of a Certificate of
Termination, this Declaration shall have no further force and effect, and the Association shall
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be dissolved pursuant to the terms set forth in its Articles. No termination of this Declaration
shall be effective unless approved in writing by the Declarant if the Declarant owns one or more
Lots at the time of the termination.
11.3 Amendments.
This Declaration may be amended at any time by the affirmative vote of Owners of not less
than two-thirds (2/3) of the Lots. Any amendment to this Declaration must be approved in writing
by the Declarant if the Declarant owns any Lot at the time of the amendment. During the
Period of Declarant Control, any amendment to this Declaration must be approved by the
Department of Veterans Affairs or the Federal Housing Administration. Notwithstanding any
other provision of this Declaration to the contrary, neither Article 10 nor this sentence may be
amended without the prior written consent of the Declarant even if the Declarant no longer own
any Lots at the time of the amendment.
Any amendment approved by the Owners pursuant to this Section shall be signed by the
President or Vice President of the Association and shall be Recorded. Unless a later effective
date is provided for in the amendment, any amendment to this Declaration shall be effective
upon the Recording of the amendment.
Any challenge to an amendment to this Declaration for the reason that the amendment was
not adopted by the required number of Owners or was not adopted in accordance with the
procedures set forth in this Section must be made within one (1) year after the Recording of the
amendment.
11.4 Condemnation of Common Area.
If all or any part of the Common Area is taken or condemned, or conveyed by the
Association in lieu of or under threat of such condemnation by or to any authority having the
power of condemnation or eminent domain, the award or other compensation paid as a result of
such taking or conveyance shall be paid to the Association. Any conveyance by the Association
of all or any part of the Common Area must be approved in accordance with the provisions of
Section 6.10. If the taking involves a portion of the Common Area upon which Improvements
have been constructed, then the Association shall construct replacement Improvements on the
remaining Common Area to the extent land is available for such construction, unless within sixty
(60) days after such taking the Owners holding at least eighty percent (80%) of the votes in the
Association instruct the Board not to build replacement Improvements.
If such replacement Improvements are to be constructed, then the Association shall be
entitled to use the award or other compensation made for such taking solely for the purpose of
such construction. If the taking does not involve any Improvements on the Common Area or if
the Owners holding more than eighty percent (80%) of the votes in the Association decide not to
construct any replacement Improvements or if there are any net funds remaining after such
construction is completed, then such awarded net funds shall be retained by the Association
and used for such purposes as may be determined by the Board.
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11.5 Interpretation.
Except for judicial construction, the Association shall have the exclusive right to construe and
interpret the provisions of this Declaration. In the absence of any adjudication to the contrary by
a court of competent jurisdiction, the Association's construction or interpretation of the
provisions hereof shall be final, conclusive and binding as to all persons and property benefited
or bound by this Declaration. In the event of any conflict between this Declaration and the
Articles, Bylaws, Association Rules or Design Guidelines, 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 or the Design Guidelines,
the Bylaws shall control.
11.6 Severability.
Any determination by any court of competent jurisdiction that any provision of this
Declaration is invalid or unenforceable shall not affect the validity or enforceability of any of the
other provisions hereof.
11.7 Change of Circumstances.
Except as otherwise expressly provided in this Declaration, no change of conditions or
circumstances shall operate to extinguish, terminate or modify any of the provisions of this
Declaration.
11.8 Laws, Ordinances and Regulations.
The covenants, conditions and restrictions set forth in this Declaration and the provisions
requiring Owners and other persons to obtain the approval of the Declarant, the Board or the
Design Review Committee with respect to certain actions are independent of the obligation of
the Owners and other persons to comply with all applicable laws, ordinances and regulations,
and compliance with this Declaration shall not relieve an Owner or any other person from the
obligation to also comply with all applicable laws, ordinances and regulations.
Any violation of any state, municipal, or local law, ordinance or regulation pertaining to the
ownership, occupation or use of any property within the Property is hereby declared to be a
violation of this Declaration and subject to any or all of the enforcement procedures set forth
herein.
11.9 References to this Declaration in Deeds.
Deeds to and instruments affecting any Lot or any other part of the Project may contain the
covenants, conditions and restrictions herein set forth by reference to this Declaration; but
regardless of whether any such reference is made in any Deed or instrument, each and all of
the provisions of this Declaration shall be binding upon the grantee-Owner or other person
claiming through any instrument and his heirs, executors, administrators, successors and
assignees.
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11.10 Gender and Number.
Wherever the context of this Declaration so requires, words used in the masculine gender
shall include the feminine and neuter genders; words used in the neuter gender shall include the
masculine and feminine genders; words in the singular shall include the plural; and words in the
plural shall include the singular.
11.11 Captions and Titles.
All captions, titles or headings of the Articles and Sections in this Declaration are for the
purpose of reference and convenience only and are not to be deemed to limit, modify or
otherwise affect any of the provisions hereof or to be used in determining the intent of context
thereof. Unless otherwise specified, all references in this Declaration to Articles or Sections refer
to Articles and Section of this Declaration.
11.12 FHA/VA Approval.
During the Declarant Control Period, the following actions shall require the prior written
approval of the Federal Housing Administration or the Department of Veterans Affairs:
annexation of additional properties, mergers or consolidations, mortgaging of Common Areas,
dedication of Common Areas, dissolution of the Association or amendment of this Declaration.
11.13 No Absolute Liability.
No provision of the Community Documents shall be interpreted or construed as imposing on
Owners absolute liability for damage to the Common Area or the Lots. Owners shall only be
responsible for damage to the Common Area or Lots caused by the Owners’ negligence or
intentional acts.
11.14 References to VA and FHA.
In various places throughout the Community Documents, references are made to the
Department of Veterans Affairs ("VA") and the Federal Housing Administration ("FHA") and, in
particular, to various consents or approvals required of either or both of such agencies. Such
references are included so as to cause the Community Documents to meet certain requirements
of such agencies should the Declarant request approval of the Project by either or both of those
agencies. However, the Declarant shall have no obligation to request approval of the Project by
either or both of such agencies. Unless and until the VA or the FHA have approved the Project
as acceptable for insured or guaranteed loans and at any time during which such approval,
once given, has been revoked, withdrawn, cancelled or suspended and there are no
outstanding mortgages or deeds of trust recorded against a Lot to secure payment of any
insured or guaranteed loan by either of such agencies, all references herein to required
approvals or consents of such agencies shall be deemed null and void and of no further force
and effect. FHA or VA approval of any matter requiring approval will be deemed given if VA or
FHA does not remove the Project from its list of approved projects or object in writing to the
request for approval within thirty (30) days following receipt of the request. In the event of any
conflict between this Section and any other provision of the Community Documents, this Section
shall control.
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The following two parcels combined are the property in which the proposed ORANGEWOOD
MEADOWS-II residential subdivision will be constructed.
Both parcel APN: 147-06-091A and Parcel APN: 147-06-091B are two parcels that require a
zoning request from the current C-O designation to the proposed R 1-6 PRD. Both parcels are
recorded in book 317 of maps, page 16 In the office of Maricopa County Recorder, Maricopa
County, Arizona.
Parcel Number : APN 147-06-091A
Parcel 1:
Lot-12, Orangewood meadows, according to the plat recorded in Book 317 of Maps, page 16 ,
records of Maricopa County, Arizona.
EXCEPT the West 363 feet thereof.
Parcel Number : APN 147-06-091B
Parcel 2:
The West 363 feet of Lot-12, Orangewood Meadows, according to the Plat recorded in Book 317
of Maps , page 16, records of Maricopa County, Arizona.
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PP 22-03
Orangewood Meadows Two
7510 N 43rd Avenue
Glendale,AZ,85018
Lot Matrix
LOT NO.
LOT AREA SF.
AVG
WIDTH
AVG LENGTH
LOT AREA
ACRE
%
1.
2.
3.
4.
5.
6.
7.
TRACT “A”
TRACT”B”
7821
7650
7650
7650
7650
7650
10,399
6547
3618
61.2’
60’
60’
60’
60’
60’
81.56’
51.35’
30.00’
127.50’
127.50’
127.50’
127.50’
127.50’
127.50’
127.50’
127.50’
117.52’
0.17955
0.17562
0.17562
0.17562
0.17562
0.17562
0.23873
0.15030
0.08306
11.71
11.48
11.48
11.48
11.48
11.48
15.61
9.83
2.53
TOTAL
66,635
——
——
1.52974
100%
Tract Table
Tract No.
Tract Area
AVE-width
AVE-Length
USE OF THE TRACTS
Tract A
Tract B
6547 SQ.FT.
3618 SQ.FT.
51.35 FT.
30 FT.
127.50 FT.
117.52 FT.
Retention Basin And Passive
Recreation Area To Residents.
The Landscape Buffer Between The
Residential Lot And The Sidewalk In
The Right Of Way.
DENSITY
-MHDR 8 ———— 5-8 du/ac
-Total Lot area—— 1.53 acre
-The sum of 7 units
lots area ————1.30 acre
GROSS DENSITY
=7 units / 1.53 acre =4 units / ac.
NET DENSITY.
= 7 units / 1.30 acre =5 units / ac.
PP 22-03