Kerby Gardens
Recorded covenants run with the land, but there is no mandatory homeowners association collecting dues.
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What Kerby Gardens's governing documents say
Kerby Gardens is a neighborhood of attached single-family homes (townhomes) in Mesa, AZ, governed by this Declaration of Restrictions. The rules apply to all lot owners and residents and are enforced by individual lot owners or the city. Key restrictions cover what you can build, how you use your property, and maintenance obligations like party walls and drainage.
- Land use & building type: Lots are for residential use only. You may build one attached single-family dwelling (max 2 stories) plus a private 2-car garage. No businesses, hospitals, or sanitariums are allowed.
- Architectural review: All new construction or alterations need written approval from an Architectural Control Committee, which reviews plans for design harmony, quality, and location. If the committee doesn't approve or disapprove within 30 days, approval is assumed unless a lawsuit is filed before construction is complete.
- Minimum size & setbacks: The dwelling must be at least 900 square feet (excluding porches, garages, patios). Front setback is 20 feet; interior side setbacks are 3 feet (except on lots with common walls). On some lots (9, 17, 26), buildings can be up to the property line on the street side.
- Party walls: Most lots share a common wall on one interior lot line (except lots 9, 10, 17, 26). Those walls are jointly owned by the adjoining lot owners, who share responsibility for maintenance and repair of the wall and supporting roof parts. Each owner retains the right of support from the wall.
- Fences & walls: Any fence or wall needs committee approval. Rear fences/walls cannot exceed 6 feet. Within front or side street setback lines, fences/walls cannot exceed 2 feet 6 inches. On side lot lines, can be up to 6 feet.
- Pets & livestock: No livestock or poultry allowed. Dogs, cats, or other household pets are permitted but cannot be kept for commercial purposes.
- Signs: Only one sign of no more than 5 square feet, advertising the property for sale or rent, may be displayed to public view without committee approval.
- Vehicles & nuisances: No abandoned or inoperable vehicles may be stored where visible from other lots or streets. No noxious or offensive activity or nuisance is allowed. No temporary structures (trailers, tents, etc.) may be used as residences.
Key facts from Kerby Gardens's documents
- Community type
- residential subdivision of single-family homes (Para 1: 'one attached single-family dwel)
- Developer / declarant
- EMPIRE CONSTRUCTION, INC. (Preamble)
- Fences
- No fence or wall higher than 6 feet across rear property line; within minimum front or side street setbacks not exceed 2 feet 6 inches; side lot line fences not exceed 6 feet; design and style must be approved by ARC (Para 6)
- Architectural approval
- Yes, for construction plans and specifications, location, design, materials, quality of workmanship (Para 2 and Para 18)
- Home business
- Prohibited (Para 1: 'No business, trade, or manufact)
- Signs & flags
- One sign not exceeding 5 square feet advertising property for sale or rent, or as approved by ARC, or placed by developer during development (Para 10)
- Setbacks / home size
- Front setback minimum 20 feet; interior side setback minimum 3 feet from lot line opposite common wall; exceptions for lots 9,17,26 (may build to property line opposite street side); eaves, steps, open porches not considered part of buildin (Para 4)
- Use restrictions
- true (Para 1: 'No lot shall be used except for)
- Amendments
- Restrictions automatically extend for successive 10-year periods after January 1, 2011; owners of a majority of lots during the 60-day period immediately preceding any 10-year period may sign and record an instrument modifying restrictions (Para 20)
About this HOA
Kerby Gardens is a homeowners association in Mesa, AZ.
HOAproxy has 1 document on file for Kerby Gardens: 1 recorded document. Last updated 2026-07-24.