Enclave at Madera Parc

Key facts from Enclave at Madera Parc's documents

Community type

HOA (homeowners association) (Definition of "Association" and Article )

Legal name

THE ENCLAVE AT MADERA PARC HOMEOWNERS ASSOCIATION (Definition of "Association" in Article 1)

Developer / declarant

AMH DEVELOPMENT, LLC, a Delaware limited liability company (Preamble)

Governing law

Arizona Revised Statutes (A.R.S.) referenced, including A.R.S. § 33-741 et seq., A.R.S. § 33-1806, A.R.S. § 33-1806.01, and applicable nonprofit corporation law (Sections 4.18, 5.1(b), 10.3)

Assessments & dues

Determined annually by Board; no fixed amount stated (Section 4.3)

Special assessments

Requires affirmative vote of Declarant (while Class B exists) and two-thirds of voting power of Class A Members; notice 30-60 days in advance (Section 4.4)

Collections & liens

Annual, Special, and Lot Specific Assessments constitute a continuing lien on the Lot (Assessment Lien) superior to all except taxes and first mortgage liens; may be foreclosed like a realty mortgage; sale proceeds applied to costs, attorne (Sections 4.1, 4.14)

Reserves & fees

Reserve study by qualified independent consultant at least every 5 years; annual cash flow projections; reserve amount included in Annual Assessment; contributions at closing (1/3 of annual assessment) (Sections 4.2D, 4.9)

Pets

Customary household pets (dogs, cats, household birds) may be kept, but only such number and types that do not create a nuisance or disturbance (Section 5.3)

Leasing & rentals

Yes, subject to restrictions: minimum 6 months, no transient/hotel purposes, must be written and subject to Declaration; Owner responsible for Lessee conduct (Section 5.1(b))

Fences

Fence height restrictions, construction and repair requirements, fences may be party walls (Article 6) (Article 6)

Architectural approval

Architectural Review Committee approval required for any Exterior Alteration; Design Guidelines and Construction Guidelines apply (Article 7, especially Sections 7.1, 7.2)

Home business

Restricted as provided in Section 5.4 (Signs; Restrictions on Commercial Uses) (Sections 5.1(a), 5.4)

Signs & flags

Restrictions on commercial uses; signs likely regulated under Section 5.4 (Section 5.4)

Maintenance

Association maintains Common Area (including retention basins, drywells, roadway tracts); Owner responsible for Lot and improvements; Association may enter Lot in emergency; if Owner fails to maintain, Association may do so and charge as Lo (Sections 3.1, 3.8, 3.9)

Insurance

Reasonable deductible as determined by Board (Section 3.2A)

Use restrictions

All Lots shall be occupied and used for Single-Family Residential Use only; business/trade uses restricted; guest houses and accessory buildings permitted subject to ARC approval (Section 5.1(a))

Voting & meetings

Class A Members: 1 vote per Lot; Class B (Declarant): 9 votes per Lot until Period of Declarant Control ends. Only Owners have voting rights; voting may be conducted by mail, facsimile, or email (Sections 2.6, 2.7, 2.8)

Amendments

Amendments provided in Section 8.6; specific details not extracted but referenced (Section 8.6)

Amenities

Common Area includes Tracts A through I; specific amenities not detailed; entry gates and mailboxes are mentioned (Definition of Common Area, Sections 3.10)

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