Hermosa Estates

What Hermosa Estates's governing documents say

This is not a community rulebook for homeowners. It is a conservation easement (mitigation covenant) that applies to a 1.6-acre natural area (Tract C) within the Hermosa Estates subdivision in Mesa, AZ. The covenant is held by the U.S. Army Corps of Engineers and runs with the land in perpetuity, binding the homeowners association (Hermosa Estates Community Association) to protect the area's conservation values. Residents are not subject to these rules directly, but any activity in the restricted property is prohibited.

• What the covenant protects: The Restricted Property (1.6 acres of jurisdictional waters and upland habitat) must remain in a natural condition. It is set aside for mitigation of wetland impacts from the subdivision's development. No buildings, roads, or other permanent improvements are allowed.
• Prohibited uses: Prohibited activities include: off-road vehicles, grazing, recreational activities (horseback riding, biking, hunting, fishing), use of herbicides/pesticides, dumping, excavation, altering topography, cutting trees (except for fire breaks or disease prevention), and introducing non-native species.
• Allowed uses & reserved rights: The declarant (developer) and successors retain rights to reasonable access for maintenance, habitat enhancement (planting native species), and installation of subsurface utilities or landscaping within the restricted property, provided they do not harm conservation values.
• Enforcement & monitoring: The U.S. Army Corps of Engineers (ACOE) has the right to enter the property, monitor compliance, and enforce the covenant. The HOAs must maintain a separate reserve fund (minimum $5,000, adjusted 2% every two years) for maintenance and repairs. The ACOE can seek injunctive relief and damages for violations.
• Maintenance responsibility: The Hermosa Estates Community Association is responsible for long-term maintenance (e.g., sign posting, weed control, and monitoring per the Mitigation Plan). The developer remains responsible until the ACOE approves the mitigation success and title transfers to the association.
• What this document doesn't cover: This document does not contain rules for residents regarding pets, parking, noise, architectural review, leasing, or other typical HOA regulations. Those would be found in the separate CC&Rs for Hermosa Estates.

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.