Surgery Center of Gilbert
A commercial owners' association (office, retail, industrial, or business-park units) — not a residential community.
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What Surgery Center of Gilbert's governing documents say
This is a declaration of covenants, conditions, and restrictions (CC&Rs) for the Surgery Center of Gilbert, a commercial office complex in Gilbert, AZ. It establishes a property owners association (B & R Land Owners Association) and governs the use, maintenance, and development of the property. All parcel owners are bound by these rules, which include shared easements, common area obligations, design guidelines, and assessment responsibilities.
- Mutual easements & shared areas: All parcel owners grant and receive easements over common areas (access drives, parking, landscaping, utilities) for ingress/egress, parking, utility lines, and storm drainage. Owners must not obstruct common areas and must allow reasonable use by others.
- Common area maintenance & assessments: The association maintains and repairs common areas (landscaping, paved areas, monument signs) and is funded by assessments allocated per parcel based on gross square footage of land. Assessments are a continuing lien. Special assessments require >2/3 member approval, except in emergencies.
- Building & design review: All construction, exterior alterations, and signage require prior written approval of the Board (or an Architectural Design Committee). Plans must conform to Development Guidelines. Initial construction must be completed within 18 months; failure allows the association to complete at owner's cost.
- Parking & vehicle restrictions: Parking is allowed only in striped spaces. No reserved parking without Board consent (except handicapped). Employee parking may be designated by unanimous owner consent. Owners must use reasonable efforts to restrict employee parking to their own parcel.
- Signs & monument signs: All signs must comply with Town of Gilbert regulations and Board-approved Sign Criteria. Building signs require Board approval. Monument signs (shared) are maintained by the association; each parcel gets equal panel space. No rooftop signs or signs impairing visibility of others.
- Insurance & indemnification: Each owner must carry property (≥80% replacement value) and liability insurance (≥$1M combined single limit). The association may obtain an umbrella policy (≥$3M) and bill owners proportionally. Owners waive subrogation and must indemnify the association and other owners for certain claims.
Key facts from Surgery Center of Gilbert's documents
- Community type
- Integrated office complex (Recital B: 'intended to be developed as )
- Legal name
- B & R Land Owners Association (Section 1.3)
- Developer / declarant
- B & R LAND, LLC (First paragraph of declaration)
- Special assessments
- Special assessment may be levied for construction/reconstruction/replacement of improvements to common areas or other Association responsibility; requires approval by Members holding more than 2/3 of votes present at a meeting (including ab (Section 7.3 (last sentence))
- Collections & liens
- Each assessment is a continuing lien; Board may foreclose lien in accordance with Arizona law; lien subordinate to taxes, pre-existing liens, leases, and first mortgages; sale/transfer of Parcel by First Mortgagee or foreclosure extinguishe (Sections 8.2, 8.3(b), 8.4, 8.5)
- Reserves & fees
- Reasonable reserves for maintenance obligations are included in operating costs (Section 7.3 (refers to 'reasonable reser)
- Parking & vehicles
- No charge for parking unless agreed by all Owners; no reserved parking without Board consent (except handicap); employee parking areas may be designated by unanimous Owner consent; parking must be within striping (Section 4.4)
- Architectural approval
- Yes; Board may create an Architectural Design Committee of 3 or 5 members (must be Owners) to apply Design Guidelines (Section 5.6)
- Signs & flags
- All signs must comply with Town of Gilbert regulations and Board-established Sign Criteria; no roof signs; no signs impairing visibility of other Parcels; Monument Sign panels allocated equally among Parcels; each Owner maintains its panels (Article 10 (10.1-10.4))
- Insurance
- Each Owner must carry fire and extended coverage (all risk) on buildings (≥80% replacement value); commercial general liability and property damage with limit not less than $1,000,000 combined single limit per occurrence; insurance must be (Section 9.2)
- Use restrictions
- No rubbish or debris accumulation; no obnoxious odors; no public or private nuisance; no exterior sound devices (except security/fire alarms) audible from exterior without Board consent (Section 4.5)
- Voting & meetings
- Members (Owners) have voting rights as per Association's Articles and Bylaws; initially all rights belong to Declarant until at least one Parcel transferred (Sections 1.2 and 15.1)
Community amenities
≈ 4 homes
Collections & enforcement records
Public records show 16 enforcement filings by this association between 2003 and 2006.
Source: Maricopa County Recorder and Maricopa County Superior Court public indexes.
About this HOA
Surgery Center of Gilbert is a homeowners association in Mesa, AZ.
HOAproxy has 1 document on file for Surgery Center of Gilbert: 1 CC&R. Last updated 2026-06-14.