Fifty-One Water Association

What Fifty-One Water Association's governing documents say

This is a Declaration of Covenants, Conditions and Restrictions for the FIFTY-ONE WATER ASSOCIATION, an unincorporated association in Cactus Forest, AZ. It creates a shared water system for parcels in Hidden Valley Estates (Unit No. 1) and binds all property owners. The Association manages the wells, pumps, and water tanks, and levies assessments for water usage and system maintenance. This is not a full homeowners' association; it governs only water rights and related obligations.

• Membership & voting: Every parcel owner is a member. Each parcel gets two votes, but there are no more than seven (7) total votes in the Association. Only one owner per parcel may vote. Membership runs with the land and transfers on sale.
• Water usage assessments: The Association levies a Usage Assessment equal to the actual cost of pumping water for a given month. Owners who request domestic water must install an Association-approved water meter and lockable shut-off valve at their property line. Owners bear all costs to connect and maintain their own pipes and lines; the Association does not maintain those.
• Maintenance assessments: The Association also levies a Maintenance Assessment for repairs, taxes, and insurance on the Water System. The total amount is set by majority vote of the Committee. Each owner pays a share equal to their percentage interest in the Water Property.
• Water disconnection for nonpayment: If an owner fails to pay charges within 30 days of billing, the Association may disconnect water service after 15 days' notice of intent to disconnect.
• Liens & collection: Unpaid assessments become a lien on the property, superior to all liens except tax liens and first mortgages. The Association may foreclose like a mortgage and recover interest at the highest legal rate, costs, and reasonable attorney's fees. The personal obligation to pay does not pass to a successor unless expressly assumed or a lien notice is recorded before transfer.
• Transfer of water rights: Ownership interest in the Water Property and related easement cannot be sold separately from the land; it automatically transfers with the parcel even if not mentioned in the deed.
• Duration & amendment: These covenants run with the land until April 1, 2024, and may be changed only by an 80% vote of parcel owners. Violations may result in court action and award of damages and attorney's fees.
• What this document doesn't cover: This declaration only addresses the water system, assessments, and related rights. It does not contain rules about architectural control, pets, parking, noise, leasing, or other typical HOA restrictions. Such rules, if any exist, would be in separate documents.

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.