Chandler 202 Auto Park

What Chandler 202 Auto Park's governing documents say

Chandler 202 Auto Park is a commercial auto park in Gilbert, AZ — a development of lots for new-car dealerships, service facilities, and related automotive uses. The property is governed by a Declaration of Covenants, Conditions and Restrictions that runs with the land and binds all lot owners (commercial property owners) and their tenants/dealers. The Chandler 202 Auto Park Owners Association maintains common drives, landscaping, and highway pylon signs, funded by assessments paid by dealers and lot owners. This document applies to commercial operators, not residential homeowners.

• Permitted uses: Each lot must be used for at least one dealership (selling and servicing new/used vehicles) or improvements incidental to dealerships on other lots. A portion of Lot 6 may have an ancillary automotive use. If 50% of the gross land area is not developed for dealership use within five years of recording, these restrictions become void. Additionally, the use restrictions automatically terminate on December 31, 2017, or upon expiration of the Development Agreement, whichever comes first.
• Signage: The Association operates and maintains Auto Park Signs (highway pylons, monument signs, multi-dealer signs, and project signs) in designated locations. Costs are shared by all lot owners based on the square footage of their sign designations or membership percentage for reader boards. Lot 5 has preferred uppermost positions on freeway pylons, and its sign size relative to others approximates the membership percentage on Exhibit D. Owners must not obstruct views of signs from the Santan Freeway/Loop 202.
• Assessments & fees: Regular Assessments are paid by dealers monthly (due by the 1st, late after the 15th with a late fee set by the Board). The annual budget is set at least 30 days before January 1st, and monthly assessments cannot increase more than 115% of the prior year's amount without owner approval (90% of membership). Special Assessments may be levied by the Board for unanticipated costs or capital improvements. Remedial Assessments arise from owner/dealer failures and are secured by a lien on the lot.
• Maintenance responsibilities: The Association maintains Common Landscaping, Common Drives, Utility Lines, and Auto Park Signs. Each occupant must keep their lot and improvements clean, safe, and in good repair, including all landscaping except Common Landscaping. Lot owners must mow and keep unimproved lots weed-free. During construction, the lot owner is responsible for repairing any damage to auto park improvements.
• Enforcement & remedies: The Association can bring an action for damages if assessments are unpaid, and seek injunctive relief or specific performance for non-monetary defaults. Monetary defaults have a 5-day cure period after written notice; non-monetary defaults have 15 days (or longer if diligently pursued). If a violation is not cured, the Association may enter the lot and abate the violation at 125% of cost as a Remedial Assessment. Assessments are secured by a lien that is prior to all other liens except first mortgages and property taxes.
• Insurance requirements: Each occupant and the Association must obtain and maintain commercial general public liability insurance covering bodily injury and property damage arising from activities on their lot or by their agents.
• Annexation & termination: The Association may annex adjacent property (within 300 feet) with approval of 90% of membership; Declarant has sole discretion to annex the Pecos Property. The Declaration runs until April 1, 2060, with automatic 10-year extensions unless terminated by 90% of owners. If Declarant does not acquire the Exhibit A-1 property by January 31, 2006, any owner may record a notice of termination, voiding the Declaration entirely.

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.