The Terrace in Fountain Hills Condominiums
You own a unit plus a share of the common elements; the association maintains the building and grounds.
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What The Terrace in Fountain Hills Condominiums's governing documents say
This is a supplemental declaration for The Terrace in Fountain Hills Condominiums in Fountain Hills, AZ. It adds Phase II (18 units) to the original condominium, amending the master declaration. The community is a phased condominium where owners own units and share common elements. This document supplements the main declaration and is not a complete set of rules.
- Phased development & unit count: Phase II adds 18 units; the total maximum units allowed in the entire development is 80.
- Common element use across phases: Owners of Phase I and Phase II units may use the General Common Elements of either phase as if all were built in a single phase.
- Assessment cap: Annual assessments (excluding special and supplemental) were capped at $1,080 per unit prior to January 1, 1985. After that date, the Association's Board may set assessments per the Declaration's procedures.
- Mandatory association membership: Membership in The Terrace in Fountain Hills Condominium Association, Inc. is mandatory for all unit owners in all phases.
- Ownership interest: Each unit's fractional interest in General Common Elements is based on 1 divided by the total number of units submitted to the Declaration, so the interest decreases as more units are added.
- What this document doesn't cover: This is only a supplemental amendment. It does not contain the full governing rules. Refer to the original Declaration for comprehensive restrictions, covenants, and regulations (e.g., leasing, pets, architectural controls).
Key facts from The Terrace in Fountain Hills Condominiums's documents
- Community type
- Condominium (Horizontal Property Regime) (Title)
- Units / lots
- 80 (maximum number of units that may be submitted) (Section 2.0)
- Developer / declarant
- MCO Properties Inc., a Delaware corporation (First paragraph)
- Governing law
- Arizona Revised Statutes, Sections 33-551 through 33-561 (Preamble)
- Assessments & dues
- Maximum $1,080 per unit until January 1 after first unit conveyance to a purchaser. (Section 8.2)
- Special assessments
- May be levied for capital improvements or other lawful purpose, requires 2/3 vote of each class. (Section 8.3)
- Collections & liens
- Assessments, interest, costs, and reasonable attorney's fees are a lien on the unit. Personal obligation of owner at time levied; does not pass to successors unless assumed. (Section 8.0)
- Reserves & fees
- Reserves for depreciation and contingencies to be maintained (implied in Section 8.1). (Section 8.1)
- Pets
- Yes, reasonable number of house pets only, not for commercial purposes. (Section 4.6)
- Leasing & rentals
- Yes, subject to all provisions of the Declaration. Lease must be in writing. No time shares allowed. (Section 4.8)
- Parking & vehicles
- No mobile homes, motor homes, recreational vehicles, boats, trailers, trucks (except certain pickups and mini motor homes meeting size and use conditions) are permitted to be parked on any portion of the condominium. (Section 4.12)
- Architectural approval
- Yes. Structural alterations, additions, or improvements require prior written approval of members (51% of each class). Nonstructural additions visible from neighboring property require board approval. Board approval also required for awning (Section 4.3, Section 4.16)
- Home business
- Allowed only if personal professional library, business records/accounts, or personal correspondence; no actual business conducted. (Section 4.0)
- Signs & flags
- No signs (including For Sale/For Rent) except name/address sign not exceeding 9x30 inches, without board written approval. (Section 4.13)
- Maintenance
- Association maintains roofs as part of General Common Elements. (Section 5.0)
- Use restrictions
- Each unit and its restricted common elements shall be used exclusively for residential use by a single family. No gainful occupation, profession, trade, or other nonresidential use permitted. (Section 4.0)
- Voting & meetings
- Class A: each unit owner gets 1 vote per unit. Class B: Declarant gets 3 votes per unit owned (80 minus units sold), converts to Class A upon (a) 53 units sold, (b) 7 years after first unit conveyance, or (c) Declarant relinquishes in writi (Section 7.1)
- Amendments
- Amendment procedure referenced in Section 14.3; not detailed in text but requires approval of Eligible Mortgage Holders per Section 12.2. (Article XII Section 12.2, Article XIV Se)
Collections & enforcement records
Public records show 2 enforcement filings by this association between 1989 and 2001.
Source: Maricopa County Recorder and Maricopa County Superior Court public indexes.
About this HOA
The Terrace in Fountain Hills Condominiums is a homeowners association in Fountain Hills, AZ.
HOAproxy has 4 documents on file for The Terrace in Fountain Hills Condominiums: 3 amendments and 1 CC&R. Last updated 2026-07-18.