The Highland at Gilbert
A commercial owners' association (office, retail, industrial, or business-park units) — not a residential community.
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What The Highland at Gilbert's governing documents say
This is a supplement to the main declaration (CC&Rs) for The Highland at Gilbert, a commercial development in Gilbert, AZ. It specifically governs Lot 6, which is designated for a Rudy's BBQ restaurant, and also records exclusive-use restrictions for other lots in the development. This document is not a full rulebook for residents—it primarily applies to commercial lot owners and tenants.
- Use restriction (Lot 6): For the first year after recording, Lot 6 may only be used as a Rudy's BBQ restaurant. After that, the use can change only with written consent from the manager.
- Building size & envelope (Lot 6): Only one single-story building, with a maximum floor area of 7,400 square feet, may be built on Lot 6, within the building envelope shown on the site plan.
- Exclusive use rights for other lots: Other lots in the development have exclusive use clauses recorded here: Lot 8 (Cracker Barrel) bans competing family/casual dining; Lot 7 (Noodles) has noodle/pasta exclusivity; Lot 5 (Starbucks) has coffee exclusivity; Lot 4 (Popeyes) has chicken-exclusive restrictions; Lot 2 (Del Taco) bans competing quick-serve Mexican; Lot 1 (Italian) bans competing Italian sit-down restaurants. These restrict what can be operated on the remaining lots.
- Signage obligations (Lot 6): Lot 6 has exclusive use of 'Sign 3' and must share 'Sign 5' costs (paying 100% for Sign 3 and 25% for Sign 5). The lot owner must install and maintain sign panels as approved by the manager, and cannot have free-standing signage except directional signs permitted by the town.
- Parking requirements (Lot 6): The lot owner must provide enough parking to meet all government regulations and the site plan's requirements, counting only parking on its own lot. Employees must be kept out of the customer-only parking spaces north of the building.
- Amendment & notices: This supplement may be amended by a written, recorded agreement between the manager and the Lot 6 owner. Notices to the Lot 6 owner should be sent to the address provided in the document.
- What this document doesn't cover: This is an ancillary document that supplements the main CC&Rs. It does not address typical HOA rules such as residential use, pet policies, leasing restrictions, or common area maintenance—those would be in the main declaration.
Key facts from The Highland at Gilbert's documents
- Community type
- Commercial development with multiple lots (Lots 1-8) for restaurant and retail uses (Recitals and Exhibit E)
- Units / lots
- 8 (Lots 1-8 as per legal description in Exhibit A) (Exhibit A: 'LOTS 1-8, FINAL PLAT ...')
- Developer / declarant
- THE HIGHLAND AT GILBERT LLC, an Arizona limited liability company (also referred to as Manager) (First paragraph and signature block)
- Leasing & rentals
- Yes; leases permitted. Supplement No. 2 mentions leases for tenants. Owner may designate lessee as 'Owner' for purposes of Declaration upon recording a supplement (Section 1.8). (Section 1.8; Supplement No. 2 Section 4()
- Parking & vehicles
- Reciprocal parking easement between HBP and Highland Parcels only (not MUG). Each owner must maintain sufficient parking per regulations and site plan (Supplement No. 2 Section 6 for Lot 6). Best efforts to restrict employee parking from cu (Section 2.1(b); Supplement No. 2 Section)
- Architectural approval
- Preliminary plans deemed approved if Manager does not object within 30 days of submission (Section 4.3). Final drawings to be submitted within 120 days of preliminary approval. (Section 4.3)
- Solar & roof
- Subject to Manager approval of exterior colors as part of plan review (Section 4.2) (Section 4.2)
- Signs & flags
- Subject to Town of Gilbert approval and Manager approval. Lot 6 has exclusive use of Sign 3 and partial use of Sign 5; no free-standing signs except directional signs permitted by Town (Supplement No. 2 Section 5). Signs in common areas man (Supplement No. 2 Section 5; also Section)
- Setbacks / home size
- No restrictions except as determined by Town of Gilbert (Section 4.7) (Section 4.7)
- Maintenance
- Owner's responsibility (part of improvements on Parcel) (Section 3.1 (owner keeps improvements in)
- Use restrictions
- No; commercial uses permitted. Specific use restrictions apply to each lot (e.g., Lot 6 limited to Rudy's Bar-B-Q for first year). (Section 5.1 (prohibited uses) and Supple)
- Voting & meetings
- Not explicitly defined; decisions by Manager (or with consent of affected owners for certain modifications)
- Amendments
- Original Declaration: by written instrument signed by the parties (implied from execution). Section 5.2 allows Manager to impose Supplemental Declarations on HBP and Highland Parcels without joinder of owners, but not on MUG without its con (Section 5.2; Supplement No. 2 Section 8;)
- Amenities
- Not specifically enumerated; common areas include landscaping, lighting, walkways, access drives, parking areas. No pool, clubhouse, etc. (Section 1.1 (Common Areas definition))
About this HOA
The Highland at Gilbert is a homeowners association in Gilbert, AZ.
HOAproxy has 3 documents on file for The Highland at Gilbert: 2 amendments and 1 CC&R. Last updated 2026-07-18.