Warner Enclave

Key facts from Warner Enclave's documents

Community type

planned community known as 'Warner Enclave' (Recitals, page 6)

Legal name

Warner Enclave Homeowners Association, an Arizona nonprofit corporation (Article 1 definition of 'Association', p)

Developer / declarant

Newcastle Development, LLC, an Arizona limited liability company (Preamble, page 6)

Governing law

Arizona Revised Statutes (A.R.S.) sections referenced: § 33-741(2), § 33-801 et seq., §10-3202, §10-3851, §10-3852, §10-3856, §33-1807, §33-1809, §44-1201 (Various sections: Article 1 (definitions)

Assessments & dues

Determined by Board budget; regular assessment uniform per lot (Section 8.4, page 29)

Special assessments

May be levied for construction, reconstruction, repair, replacement of Common Area improvements, or unbudgeted expenses; after Period of Declarant Control, requires approval of majority of Eligible Votes cast with quorum of >20% (Section 8.7, page 30)

Collections & liens

Lien on each Lot secures all assessments; prior except taxes and first mortgage; Board may record notice of lien and foreclose like realty mortgage; sale or transfer extinguishes prior assessment liens but not future (Section 8.2, pages 27-29)

Reserves & fees

Board may impose late fees and interest in amounts determined appropriate, subject to law (Section 8.2(a), page 28)

Pets

Reasonable number of generally recognized house pets (as determined by Board) are allowed, kept as domestic pets only. (Section 5.2, page 15)

Leasing & rentals

Yes, but with conditions: entire Lot must be leased; minimum lease term of 30 consecutive days; tenant must comply with community documents; Owner must provide tenant information form within 15 days; administrative fee of $25 (or as permitt (Section 5.14, pages 19-20)

Parking & vehicles

Private passenger automobiles or pickup trucks not exceeding 1 ton, 84" height/width, 228" length may be parked in garage or driveway; no other vehicles (mobile homes, motor homes, boats, RVs, trailers, trucks, etc.) except in enclosed gara (Section 5.12, pages 18-19)

Fences

No fence, wall, hedge, shrub obstructing sight lines between 2 and 6 feet above street on corner Lots within triangular area defined; no tree within unless foliage maintained to prevent obstruction. (Section 5.13, page 19)

Architectural approval

All improvements visible from neighboring property must be approved by Design Review Committee (or Board if no Committee). (Section 4.1, page 13; Section 5.7, page )

Solar & roof

Solar collecting panels and devices may be placed with prior written approval of Design Review Committee; Committee may adopt rules to minimize visual impact; Owner acknowledges glare possible and releases Declarant/Builder/Association from (Section 5.9, pages 16-17)

Home business

Limited business activities allowed if not detectable by sight, sound, or smell; conforms to zoning; no door-to-door solicitation; no customer parking; consistent with residential character. (Section 5.1, page 15)

Signs & flags

No signs visible from neighboring property without Design Review Committee approval; exceptions for Declarant/Builder/Association signs and signs required by law. (Section 5.16, page 20-21)

Use restrictions

All Dwelling Units shall be used, improved and devoted exclusively to residential use. (Section 5.1, page 15)

Voting & meetings

Two classes: Class A (each Owner of a Lot, one vote per Lot); Class B (Declarant and Designated Builders, five votes per Lot owned up to termination of Period of Declarant Control). Joint owners must cast vote as unit; if unable to agree, v (Section 7.1 - 7.2, pages 25-26)

Amendments

Article 12 provides for duration, termination, and amendments (specific terms not fully included in excerpt). (Table of Contents, page 4; text not full)

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