Alterra North

What Alterra North's governing documents say

Alterra North is a residential subdivision in Ak-Chin Village, Arizona. This document is a master deed restriction that exclusively establishes a mandatory dispute resolution process for construction-related claims between the developer (Greystone Homes) and homeowners. It does not contain typical community use rules, architectural guidelines, or other HOA covenants.

• What this document covers: This document governs the resolution of all 'Claims' between an Owner and Builder arising from the construction of a home, including contract, warranty, tort, or statutory claims. It requires a step-by-step process of notice, inspection, cure, mediation, and binding arbitration before any court action.
• Mandatory pre-dispute steps: Before any action, the Owner must send a written notice to Builder describing the claim, legal basis, proposed remedy, and evidence. Builder then has at least 35 days to inspect and 90 days to repair or pay. The Owner cannot sue until the cure period ends.
• Mediation: If the claim is not resolved within 90 days of the notice, either party may submit to mediation under AAA rules. Mediation is a condition precedent to further action. Each party bears its own costs; Builder pays for the first day of mediator fees. Any settlement must be in writing.
• Binding arbitration: If mediation fails, the claim must go to binding arbitration under AAA rules, not to court. For claims over $250,000 or seeking punitive damages, three arbitrators are used; otherwise one. Arbitration fees for claims over $10,000: the filing party pays the first $750, Builder pays the next $2,000 if the Owner participated in mediation or the parties waived it.
• Applicability and conflicts: These restrictions run with the land and bind all Owners and successor builders. If a conflict exists with other recorded covenants or contracts, those documents control as long as they still require mediation and arbitration. The Arizona Purchaser Dwelling Actions statute supersedes sections 1–4 of Article II if applicable.
• Who is bound: All owners of lots in Alterra North (Lots 1–102 and 28% through S27–327) and their successors are bound. Builder may include its affiliates, contractors, and insurers in any mediation or arbitration.
• What this document doesn't cover: This document does not address any other community rules such as pets, leasing, parking, architectural standards, maintenance obligations, or assessments. Those would be found in a separate declaration or CC&Rs.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.