The Luxe on 40™

Key facts from The Luxe on 40™'s documents

Reflects the 2017 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Planned Community (Homeowners Association) (Section 2.1)

Legal name

The Luxe On 40™ Homeowners Association

Developer / declarant

VIP Leasing, LLC and Stone Investments LLC, both Arizona limited liability companies (Recitals; Section 1.13)

Governing law

Arizona Planned Communities Act (A.R.S. Section 33-1801 et seq.) (Section 2.1, Section 2.2)

Assessments & dues

Board adopts budget; regular assessments divided by number of units (9) or reallocated by Declarant based on square footage. Monthly installments due 1st of month. (Section 4.1; Section 10.3; Section 10.4()

Special assessments

Allowed; requires approval of 2/3 of votes cast at meeting (with 30% quorum) and Declarant consent during control period. (Section 10.5)

Collections & liens

Assessment Lien created automatically; includes assessments, late fees, collection costs, attorneys' fees; personal obligation of owner; lien survives transfer; foreclosure per A.R.S. §33-1807. (Section 10.1; Section 1.13 (Assessment L)

Reserves & fees

Budget must include adequate allocation to reserves. Board may include reserve fund for maintenance, repairs, replacement. (Section 10.2 (last sentence); Section 10)

Pets

Yes, no more than two generally recognized house pets. Livestock, reptiles, birds, poultry, fowl prohibited. (Section 7.20)

Leasing & rentals

Yes, entire Unit may be leased. Lease must be in writing, minimum term 6 months, subject to Documents. (Section 7.16)

Parking & vehicles

Vehicles shall be kept in garages where adequate space exists, or in designated parking areas. Garage doors may not remain open except temporarily. No parking space may be used for storage. Guest parking only in designated spaces or signed (Section 7.8)

Fences

Not directly; but gates are mentioned: privacy gates may be abandoned or modified by Board majority vote (Section 7.17). No fence rules. (Section 7.17)

Architectural approval

All structures, improvements, landscaping or other alteration require prior Association approval. Nonstructural additions within Unit do not require approval if not visible from exterior. Structural additions or any alteration visible from (Section 7.1; Section 7.4)

Home business

Allowed if: not apparent/detectable, conforms to zoning, no door-to-door solicitation, max one non-resident employee, no excess traffic, no hazardous materials, consistent with residential character. (Section 7.3 second paragraph)

Signs & flags

No sign visible from exterior without Board approval; exceptions: address sign, Declarant sales signs, signs on Common Elements by Declarant or Board, signs required by legal proceedings, signs approved by Board, signs permitted by A.R.S. § (Section 7.12)

Maintenance

Unit Owner responsible for roof of the Unit. (Section 8.2(B))

Insurance

Article XI (Insurance) scope of coverage not fully extracted; title indicates scope. Not detailed in excerpt. (Article XI heading)

Use restrictions

All Units and Common Elements shall be used exclusively for residential use by a Single Family. Home business allowed with conditions (not apparent/detectable, no solicitation, etc.). (Section 7.3)

Voting & meetings

One vote per Unit owned. Joint owners cast single vote as they determine. Voting rights may be suspended for nonpayment or violations. (Section 4.2; Section 6.5(A)(ii); Section)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.