Fountain Hills Lakeview Centre

What Fountain Hills Lakeview Centre's governing documents say

Fountain Hills Lakeview Centre is a commercial property development in Fountain Hills, AZ, comprised of 4 lots zoned C-2 COMMERCIAL. This Declaration of Reservations establishes protective covenants, architectural control, and land use restrictions that bind all present and future owners of these commercial lots. The document provides for a property owners association and details permitted and prohibited uses, design guidelines, and assessment obligations.

• Commercial zoning & permitted uses: All lots are designated C-2 COMMERCIAL and must be used according to the Declaration and the Fountain Hills Zoning Ordinance. The more restrictive of the two governs. Prohibited uses include auto sales/repair, pawn shops, fast-food with drive-through, bars, industrial uses, self-serve laundry, discount stores, warehouse retail, and consignment shops.
• Architectural review & design guidelines: No construction or exterior alterations may begin without written approval from the FHCOA (Fountain Hills Committee of Architecture) or the Board, as applicable. Plans must comply with the Lakeview Centre Development and Design Guidelines. The FHCOA or Board may charge a review fee and require changes. Roof colors must be muted earth tones; white or reflective roofs are prohibited.
• Property owners association: A majority of lot owners may organize a non-profit property owners association (the 'Association'). If formed, the Association's Board (up to 4 members, one per voting lot) enforces the Declaration and Guidelines, establishes rules, maintains common areas, and levies assessments. Assessment Exempt Lots (government-owned) cannot vote.
• Assessments & liens: Three types of assessments: regular (annual, based on budget, divided equally among non-exempt lots), special (for capital improvements or unplanned expenses, approved by board majority), and maintenance (for cleanup/repair if owner fails to act). Assessments become a lien if delinquent over 60 days. Delinquent amounts may be accelerated at 30 days. Interest at prime plus 2% max.
• Land use restrictions (prohibited uses): Prohibited uses include: auto sales/repair/fuel, check-cashing (except banks), pawn shops, fast-food with drive-through, bars/clubs deriving majority income from alcohol, industrial use, self-serve laundry, rental of personal property (except medical equipment), discount stores, warehouse retail, consignment/thrift stores. Coffee/sandwich shops without drive-through are allowed within a building primarily devoted to another permitted use.
• Maintenance obligations: Lot owners must keep their lot and adjacent road parkway clean, free of excessive weeds, and all improvements in good repair. Nuisances are prohibited. If an owner fails to act after notice, the Board may enter the lot to clean or repair and charge the owner, which becomes a lien if unpaid for 30 days.
• Term & amendments: The covenants run with the land for 25 years from recording (1995), auto-renewing for successive 10-year periods unless a majority of lot owners vote to terminate. Amendments require majority approval, but provisions benefiting Declarant or FHCOA require their consent.
• What this document doesn't cover: This document governs commercial lots only; it does not cover residential use, residential leasing, pets, or age restrictions. It also does not specify the exact amount of fees or deposits. The actual Development and Design Guidelines are referenced but not included in this excerpt.

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.