Martinque II at the Islands

What Martinque II at the Islands's governing documents say

This is a supplementary Common Area Agreement and Declaration for 'Martinque II at the Islands,' a 47-lot single-family subdivision within the larger master-planned community 'The Islands' in Gilbert, AZ. It creates a separate assessment to fund the maintenance of four common-area tracts (Tracts A through D) owned by the community association. This document binds the owners of Lots 88-134 and supplements the Master Declaration; it does not contain the full set of community rules (e.g., architectural controls, pet restrictions, leasing limits) which are in the Master Declaration.

• Common area maintenance & assessment: The association maintains and manages Tracts A-D as common areas. All lot owners in this subdivision must pay monthly 'Common Area Lot Assessments' to cover maintenance, landscaping, repairs, taxes, insurance, utilities, and administrative costs. The initial rate was $5.00 per month per lot ($60/year) for the first partial year after the tracts were conveyed to the association.
• Assessment cap & adjustments: After the first year, the annual assessment per lot cannot exceed a 'Maximum Common Area Lot Assessment' calculated from a starting base of $180 (adjusted annually by increases in utility, insurance, and tax costs, plus the greater of CPI or 10% on non-exempt costs, divided by total lots). The board can set the assessment up to this cap without lot-owner approval; exceeding the cap requires a two-thirds vote of the subdivision lot owners (excluding the developer).
• Special assessments: The association may levy special assessments for capital improvements or extraordinary expenses on the common-area tracts, but only if approved by two-thirds of the subdivision lot owners voting at a meeting with proper notice (30-60 days). A quorum of 60% of votes is required; if not met, a subsequent meeting requires only 30% quorum.
• Enforcement & liens: Unpaid assessments become a lien on the lot, subordinate only to first mortgages. The association can foreclose the lien or sue the owner personally. Late charges, interest, and attorneys' fees may be added. Non-use of common areas does not exempt an owner from payment.
• Term & amendments: This agreement runs concurrently with the Master Declaration (initial term plus automatic 10-year renewals) and terminates if the Master Declaration is terminated. Amendments require a 90% vote of subdivision lot owners and approval by two-thirds of the association's board. The developer and association reserved the right to amend for governmental or lender requirements.
• Relationship to Master Declaration: This document is supplementary to the Master Declaration for The Islands. All covenants, conditions, and restrictions of the Master Declaration are incorporated by reference. Voting rights, suspension of rights for nonpayment, and collection procedures follow the Master Declaration.
• What this document doesn't cover: This document does not specify rules about pets, leasing, architectural control, parking, or other typical HOA restrictions. Those are governed by the Master Declaration and separate community documents not provided here.

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.