Baraca Estates

Key facts from Baraca Estates's documents

Reflects the 2006 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

HOA (homeowners association) for a subdivision of lots (Section 1.9 (Association) and overall pl)

Units / lots

Not explicitly stated; defined as portions of Project designated as lots on the Plat (Section 1.22)

Developer / declarant

EB Land Partners, LLC, an Arizona limited liability company (Opening paragraph)

Assessments & dues

Maximum $600 per Lot per year initially (until Jan 1 after first lot sale); then escalate per CPI or 10% max without vote. (Section 6.2.3(a) and (b))

Special assessments

May be levied with assent of majority of votes entitled to be cast at meeting for construction, reconstruction, repair or replacement of Common Area improvements. (Section 6.5)

Collections & liens

Assessments are a continuing lien on the Lot; association may foreclose like a realty mortgage. Lien priority: subordinate to tax liens, municipal assessments, first mortgage, and any lien entitled to priority. (Sections 6.1, 6.7.1, 6.7.3)

Reserves & fees

Board shall establish replacement and maintenance reserves and a contingency fund as part of budget. (Section 6.2.1)

Pets

Dogs, cats, fish, birds or similar household pets allowed as domestic pets, not commercial. (Section 3.11)

Leasing & rentals

Leasing of entire Lot and improvements permitted; not considered a trade or business. (Section 3.10 (last sentence))

Parking & vehicles

Motor Vehicles may be parked: on street for max 24 consecutive hours; on Lot in garage or driveway if cannot fit in garage (subject to height<=7ft, length<=20ft, no commercial use/display). Storage in garage only. No storage on Common Area (Section 3.15.2, 3.15.3)

Fences

Walls/fences between Lots are boundary walls; maintenance shared. Construction requires ARC approval. No fence allowed without ARC approval. (Section 7.5, 7.5.9)

Architectural approval

Prior written approval required for (1) any excavation/grading, (2) any improvement visible from neighboring property, (3) any alteration of exterior appearance (including color scheme) visible from neighboring property. (Section 3.1.1, 3.1.2)

Solar & roof

Not explicitly addressed; but any equipment visible may require ARC approval under general provision. (Section 3.1.2)

Home business

Permitted if not apparent by sight, sound, or smell from outside, conforms to zoning, infrequent visitors, no solicitation, consistent with residential character, not a nuisance. Leasing not considered trade/business. (Section 3.10)

Signs & flags

No signs visible from neighboring property except: (1) required by legal proceedings, (2) residence identification signs approved by ARC, (3) one 'For Sale' sign approved by ARC. (Section 3.13)

Setbacks / home size

Height of Residential Unit shall conform to City of Scottsdale stipulations. (Section 3.22)

Maintenance

Association maintains Areas of Association Responsibility (defined as most Common Area except strips next to lots, plus designated easements, walls, entry, etc.). Owner maintains Lot and improvements, including portion of Common Area betwee (Sections 1.4, 7.1, 7.2)

Insurance

Association shall maintain: (1) comprehensive general liability ≥$1,000,000; (2) property insurance on Areas of Association Responsibility for full replacement cost; (3) workers' comp as required; (4) other insurance as determined. (Section 8.1)

Use restrictions

All Residential Units shall be used exclusively for residential purposes. No trade or business except limited home business that is not detectable from outside. (Section 3.10)

Voting & meetings

Two classes: Class A (each Owner 1 vote per Lot), Class B (Declarant 30 votes per Lot until conversion). Class B ends when Class A votes equal or exceed Class B, or 7 years after recording, or Declarant relinquishes. (Section 5.7)

Amendments

Not fully detailed in excerpt; Section 5.13 states it cannot be modified without 75% vote. General amendment likely requires supermajority as per Bylaws (not provided). (Section 5.13 last sentence)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.