Peralta Canyon

What Peralta Canyon's governing documents say

This is the declaration of covenants, conditions, restrictions, and easements for Peralta Canyon, a planned community in Gold Canyon, AZ. It establishes a homeowners association (HOA) that governs all owners and occupants, with the developer retaining broad control until the Declarant Control Period ends (no later than 2065). The document covers design review, land use restrictions, assessments, maintenance of common areas, and enforcement mechanisms.

• Architectural & design review: No exterior improvements, alterations, or landscaping (including paint, fences, pools) may be made without prior written approval from the Reviewing Authority (initially the developer or a design committee). The Design Review Guidelines set standards for architecture, colors, materials, and landscaping; variances may be granted.
• Use restrictions: Lots are for single-family residential use only. No further subdivision of a lot is allowed without developer approval. Use Restrictions may be amended by the developer during the Declarant Control Period, and thereafter by the Board (subject to 67% member vote).
• Party walls and perimeter walls: Shared walls (party walls) are jointly maintained by adjoining owners unless damage is caused by one owner. The Association maintains the exterior face of perimeter walls facing common areas or outside boundaries; the owner maintains the interior face.
• Assessments & fees: The Association levies Regular Assessments, Special Assessments, Benefited Assessments, Working Capital Fund Assessments, and Reserve Fund Assessments (reserve fund capped at 25% of annual regular assessment). Fees may also include administrative fees on transfers and Special Use Fees for certain common area uses.
• Common area use & rights: Each owner has a nonexclusive easement to use the common area, but the Association may charge Special Use Fees and suspend use rights for nonpayment or rule violations (up to 60 days per infraction). The developer may sell or resubdivide common area without member vote.
• Developer & declarant control: Declarant (Peralta Canyon, LLC) retains extensive rights until the Declarant Control Period ends (earlier of 45 days after all lots sold, voluntary relinquishment, or Dec 31, 2065). During this period, Declarant controls design review, can amend use restrictions, and approve plats and rezoning.
• Enforcement & disputes: The Association may enforce rules through fines, suspension of voting and common area rights, and assessment liens. Disputes between owners over party walls go to the Reviewing Authority with appeal to the Board. The document includes alternative dispute resolution provisions (Article XIII).

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.