Mirage Condominiums Xxxviii, Inc.
You own a unit plus a share of the common elements; the association maintains the building and grounds.
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What Mirage Condominiums Xxxviii, Inc.'s governing documents say
Mirage Condominiums XXXVIII is a 2-unit condominium community in Fountain Hills, AZ — you own your unit individually and share ownership of the common elements, which the association maintains. This declaration governs use, maintenance, and obligations for both unit owners. The community is subject to the Fountain Hills Committee of Architecture in addition to the association's own rules.
- What you own & maintain: You own your unit's interior; the exterior boundaries are the finished surfaces of perimeter walls, the bottom of the slab, the top of the roof, and the center line of party walls. Limited common elements (e.g., adjoining yard/patio, meters, exterior doors/windows) are allocated to your unit and you must maintain them. The association maintains the common elements.
- Use restrictions: Each unit must be used exclusively as a single-family residence by a 'Single Family' (related by blood/marriage/adoption or a group maintaining a common household). No commercial, professional, or trade activity is allowed — though you may keep a personal library or handle business calls/correspondence. No nuisances, no exterior sound devices, no clotheslines, and no inoperable or visible vehicle repairs or storage.
- Architectural review: Any structural addition, alteration, or change to the exterior color/texture of your unit requires prior written approval from the owner of the adjacent unit. Nonstructural interior changes do not need approval. Additionally, all improvements are subject to the Fountain Hills Committee of Architecture and the association's Architectural Committee; the more restrictive rule applies.
- Assessments & insurance: Common expenses are assessed equally between the two units. The association's assessment lien is subordinate to any first mortgage on a unit. Each unit owner must maintain fire, casualty, and liability insurance (minimum $500,000 combined coverage) and provide proof to the adjacent owner.
- Leasing & rentals: Leasing is not explicitly restricted by term length in this declaration, but occupancy must comply with the single-family use definition. The declaration contains no right of first refusal on sales or transfers, so you may sell or lease your unit freely subject to other restrictions.
- Amendment & duration: The declaration runs for 20 years from recording (1994), automatically renewing for successive 10-year periods. Amendments require unanimous consent of all unit owners (100% vote), except during the Declarant Control Period when the declarant may amend for compliance purposes. Certain amendments also need approval from eligible mortgage holders.
Key facts from Mirage Condominiums Xxxviii, Inc.'s documents
- Community type
- Condominium (Article 2)
- Developer / declarant
- Scott Properties, Inc., an Arizona corporation (Preamble)
- Governing law
- Arizona Condominium Act, A.R.S. §33-1201 et seq. (Article 1.1(M))
- Assessments & dues
- Budget adopted by Board of Directors determines total estimated Common Expenses; assessed per Unit in proportion to Common Expense Liability (Article 7.A)
- Parking & vehicles
- No inoperable vehicle may be stored or parked so as to be Visible From Neighboring Property (Article 4.9)
- Home business
- No gainful occupation; Unit Owner may maintain personal professional library, records, business calls, and correspondence (Article 4)
- Use restrictions
- Each Unit and Limited Common Elements shall be used exclusively for residential use by a Single Family (Article 4)
- Voting & meetings
- Each Unit has one vote (Article 2.3)
- Amendments
- Except for amendments by Declarant in exercise of Development Rights or by Association under certain statutes, amendment requires vote of Unit Owners to which at least 100% of votes in the Association are allocated (unanimous consent). Also (Page 24, Article 10, Section 10.4(A))
About this HOA
Mirage Condominiums Xxxviii, Inc. is a homeowners association in Fountain Hills, AZ.
HOAproxy has 1 document on file for Mirage Condominiums Xxxviii, Inc.: 1 CC&R. Last updated 2026-07-16.